Trying to ensure combat related determination - need advice

bevilers

New Member
Registered Member
Hi All,

Help me understand how to best tie my injury to Combat.

I have served 9 years as a UH-60 blackhawk pilot, during this time I flew many older model blackhawks that did not have vibration control systems on board. The VA, and MANY scientific and medical institutions (including the U.S. Army Aeromedical Research Center) have concluded that whole body vibrations are likely to cause low back issues in aviators and the crew. My thinking is... I flew many hours in the U.S. training for combat.. deployed to Afghanistan and flew in actual combat (flight hours are annotated as Combat hours and I received an Airmedal with C device) and therefore should be able to make a strong argument that my low back injury is combat related. The low back issue is my only referred condition (although I have many many other issues that I have made absolutely sure the C&P examiners captured properly), so it's very important to me that the low back issue be designated combat related. I also feel as though it may just be a fight in general to get them to accept that the in-flight vibrations caused my injury because I don't have any medical records that say "injury caused by helicopter flights"- because it takes years to develop.

HOWEVER - upon speaking with my Peblo, he claimed there's wording in a regulation somewhere that claims flying in helicopters cannot be counted as Combat Related. Note - I was not involved in any crashes and did not have any injuries due to direct combat. (I really don't know which one because 635-40 doesnt say anything about helicopters).

My argument follows:

635-40, 5-25 says:

(2) While engaged in hazardous service. Such service includes, but is not limited to, aerial flight duty, parachute duty,demolition duty, experimental stress duty, and diving duty. - THIS LITERALY SAYS AERIAL FLIGHT
(3) Under conditions simulating war - Every flight was training for war.... including JRTC AND NTC
(4) Caused by an instrumentality of war - Blackhawks are instruments of war (they're actually super lame, but still count)

Does anybody know of any other regulation or criteria that exist outside of 635-40?? I have no other idea what would have cause my back issues - there was no other serious event that occurred.
 
So, first off, are you medically retired under Ch 61? Second, one thing to be aware of is that CRSC was written under a different set of laws for combat-related designations, therefore PEB nor VA designations are moot and must be related to an incident or incident(s) where the injury can be shown. Wear and tear conditions are generally NOT awarded CRSC and I have seen many instances such as progressive condtions such as back and knee issues not awarded such.

The only thing I can suggest is to include the report of findings that you mentioned by the US Army Aeromedical Research Center to support your claim as there isn't an event that initiated the LBP. This image is taken directly from HRC's website for your reference -
1744993698188.png

Good luck and I hope you have success!
 
Do you have a VA rating? Does that rating decision or the C&P DBQ mention the specifics of what you describe. Or do you have other medical documentation supporting your assumption?
 
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