PTSD was listed as "not combat related" during Navy MEB even with documentation.

Alex4621

Alex4621

PEB Forum Regular Member
Registered Member
So I applied for CRSC for PTSD with a 70% rating from both the DOD and VA. I have documentation from the BAS the night I was blown up from an IED. No physical injuries from the blast other than the PTSD and tinnitus. I already mailed everything to the board a week ago, but when reviewing the package that I had sent, I noticed that the PTSD rating from the Navy MEB was deemed "Not combat related". I fear this will make the CORB deny my application despite the pile of evidence that I had submitted (medical records, treatment records, MEB board and VA decision ratings, ect...).

Is there anything that I can do? Should I hire an attorney now that I am on TDRL? Should I request a formal board?

- Alex
 
Alex4621 said:
So I applied for CRSC for PTSD with a 70% rating from both the DOD and VA. I have documentation from the BAS the night I was blown up from an IED. No physical injuries from the blast other than the PTSD and tinnitus. I already mailed everything to the board a week ago, but when reviewing the package that I had sent, I noticed that the PTSD rating from the Navy MEB was deemed "Not combat related". I fear this will make the CORB deny my application despite the pile of evidence that I had submitted (medical records, treatment records, MEB board and VA decision ratings, ect...).

Is there anything that I can do? Should I hire an attorney now that I am on TDRL? Should I request a formal board?

- Alex
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What does your VA award state? Does it mention the PTSD due to the IED ?

That would be important .

Reason for my opinion: Many including myself, receive CRSC but did not go through a medical board. I had a regular retirement.

Ron
 
Appeal if the PEB comes back with it non combat related.
 
tony292 said:
Appeal if the PEB comes back with it non combat related.
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I had a similar situation. Had clear combat related documentation, and the PEB stated it was combat zone related. Though my DD214 states the narrative reason for separation was "IDES, Combat Related" and there are associated combat related codes listed.

I've not yet applied for CRSC, but am curious how this will be considered.

* Note, I don't recall what the VA specifically said other than they concurred with the DoD ratings. I do recall clearly stating the incidents that caused diagnoses, and they by definition met all categories of "combat related".
 
sinasasin said:
I had a similar situation. Had clear combat related documentation, and the PEB stated it was combat zone related. Though my DD214 states the narrative reason for separation was "IDES, Combat Related" and there are associated combat related codes listed.

I've not yet applied for CRSC, but am curious how this will be considered.

* Note, I don't recall what the VA specifically said other than they concurred with the DoD ratings. I do recall clearly stating the incidents that caused diagnoses, and they by definition met all categories of "combat related".
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Predicting how a CRSC claim will be evaluated is similar to trying to estimate the number of mosquitos in Louisiana.

The exception would be the presumptive cases such as exposure to Agent Orange.

The following is a collection of CRSC info: A Supplement to CRSC Information <---LINK

Good luck,
Ron
 
RonG said:
Predicting how a CRSC claim will be evaluated is similar to trying to estimate the number of mosquitos in Louisiana.

The exception would be the presumptive cases such as exposure to Agent Orange.

The following is a collection of CRSC info: A Supplement to CRSC Information <---LINK

Good luck,
Ron
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Fair enough,

The only fault in your above equation is you forgot to then divide by the number of alligators ; )

Suppose there is nothing left to do except submit a complete pacakge at this point.

Thanks.

Good luck to OP, I would also use all your appeal options while.in the process
 
Hmm something isnt adding up here both the MEB and VA decided it wasn't combat related your DBQ's probably provide the answer why this is the case I say getting CRSC is slim at this point nonetheless HRC still withholds their jurisdiction to decide differently.
 
If you are a Navy or Marine Corps member, you can appeal the "not combat-related " finding to Code 13 Navy OJAG, Branch 133. Here is their contact information: Mailing Address: Administrative Law (Code 13)Pentagon 4D6411322 Patterson Ave., Suite 3000Washington Navy Yard, DC 20374-5066 Phone Numbers Comm: (703) 614-7415DSN: 224-7415Fax: (703) 614-9400, Administrative Law (Code 13) | U.S. Navy JAG Corps. The downside? If they rule against you, you can expect the CORB to adopt that finding with respect to processing your CRSC claim. However, I have had good results there for existing clients and know of several service members who prepared their own appeals and had good outcomes. That being said, not everyone wins and it depends upon the strength of your case. Good luck!
 
johnbgately said:
If you are a Navy or Marine Corps member, you can appeal the "not combat-related " finding to Code 13 Navy OJAG, Branch 133. Here is their contact information: Mailing Address: Administrative Law (Code 13)Pentagon 4D6411322 Patterson Ave., Suite 3000Washington Navy Yard, DC 20374-5066 Phone Numbers Comm: (703) 614-7415DSN: 224-7415Fax: (703) 614-9400, Administrative Law (Code 13) | U.S. Navy JAG Corps. The downside? If they rule against you, you can expect the CORB to adopt that finding with respect to processing your CRSC claim. However, I have had good results there for existing clients and know of several service members who prepared their own appeals and had good outcomes. That being said, not everyone wins and it depends upon the strength of your case. Good luck!
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Hello @johnbgately ,

Thank you for sharing that important information.

Regards,
Ron
 
If you can document a specific event, like being blown up by an IED the service should consider CRSC. If that doesn't happen yuo can write your Congressman, hire an attorney, or appeal the CRSC decision.
 
*Update*

So I went ahead and appealed the MEB decision. FPEB is pending. Hired a firm that is experienced in military law and federal disability. Two attorney's were assigned to my case. One of the attorneys noticed that the VA annotated that the "non-combat related" was a clerical error. This was buried within the piles of paper from the initial IDES process last year.

So far, gathering all of the witness statements, provider statements, and authorization for release/disclosure forms from all of the VA, Vet Center, and civilian mental health providers. So far, I have two civilian attorneys and a DES JAG assigned to my appeal.

I will post later how the FPEB goes. Also, I have this third party (QTS) re-evaluating me for the VA at re-assess the PTSD rating. It will be telephonic or Zoom style. I was wondering if anyone has heard of this as well? The VA told me that this is something they started a few years ago. A third-party contractor, who is a psychologist, will call and go over the PTSD screening essentially?

Again, I will provide more updates. I just hope the FPEB goes well.
 
Alex4621 said:
*Update*

So I went ahead and appealed the MEB decision. FPEB is pending. Hired a firm that is experienced in military law and federal disability. Two attorney's were assigned to my case. One of the attorneys noticed that the VA annotated that the "non-combat related" was a clerical error. This was buried within the piles of paper from the initial IDES process last year.

So far, gathering all of the witness statements, provider statements, and authorization for release/disclosure forms from all of the VA, Vet Center, and civilian mental health providers. So far, I have two civilian attorneys and a DES JAG assigned to my appeal.

I will post later how the FPEB goes. Also, I have this third party (QTS) re-evaluating me for the VA at re-assess the PTSD rating. It will be telephonic or Zoom style. I was wondering if anyone has heard of this as well? The VA told me that this is something they started a few years ago. A third-party contractor, who is a psychologist, will call and go over the PTSD screening essentially?

Again, I will provide more updates. I just hope the FPEB goes well.
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Can you give us an update? Were you able to get it changed to "combat related" ?
 
My apologies for the delay.

So yes, I hired a an attorney and he reviewed some 400-700 pages of my VA, Vet Center, and civilian behavioral health providers. Within the VA records, he found that they acknowledged that the PTSD was "combat related" but also acknowledged that they made a clerical error when they sent it to the PEB as "not combat related". That written acknowledgment within the records was crucial.

Also, I sent all of the documents from the IED blast (BAS SOAP note of treatment, letter from the regimental combat team General stating that I was approved to be awarded the combat action ribbon, a few separate documents proving that I was assigned to the unit, supporting time of events from the vehicle commander to the Battalion Colonel for that event (yes...I had that floating around still and my name was listed repeatedly as one of the occupants in the vehicle)).

So, the CORB ended up approving it. I got about 12 months worth of back pay as well.

I am happy to answer any other questions.
 
Alex4621 said:
My apologies for the delay.

So yes, I hired a an attorney and he reviewed some 400-700 pages of my VA, Vet Center, and civilian behavioral health providers. Within the VA records, he found that they acknowledged that the PTSD was "combat related" but also acknowledged that they made a clerical error when they sent it to the PEB as "not combat related". That written acknowledgment within the records was crucial.

Also, I sent all of the documents from the IED blast (BAS SOAP note of treatment, letter from the regimental combat team General stating that I was approved to be awarded the combat action ribbon, a few separate documents proving that I was assigned to the unit, supporting time of events from the vehicle commander to the Battalion Colonel for that event (yes...I had that floating around still and my name was listed repeatedly as one of the occupants in the vehicle)).

So, the CORB ended up approving it. I got about 12 months worth of back pay as well.

I am happy to answer any other questions.
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Congratulations! Thanks for letting us all know! Providing feedback after getting an answer greatly helps community.
 
First and foremost, the attorneys were incredible. They put the veteran before profit. They didn't even burn through my retainer and a quarter of it was reimbursed. Secondly, the VA and the Veteran's Center was there to provide me with letters that helped my case substantially. My advice to others is to hire attorneys who are certified or credentialed in VA disability law, get all of your documents organized, and do not be afraid to email an old battle buddy for support.
 
Alex4621 said:
First and foremost, the attorneys were incredible. They put the veteran before profit. They didn't even burn through my retainer and a quarter of it was reimbursed. Secondly, the VA and the Veteran's Center was there to provide me with letters that helped my case substantially. My advice to others is to hire attorneys who are certified or credentialed in VA disability law, get all of your documents organized, and do not be afraid to email an old battle buddy for support.
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Awesome! I always recommend getting a dedicated private attorney. My wife is done with exams and waiting on MEB/NARSUM. She lucked out and during the process the VA announced those Presumptive conditions for those deployed to Iraq. One of her unfitting conditions is Chronic Sinusitis. Even with that I expect them to make a mistake and mark it down as not combat related when it should be due to being a Presumption condition. There are so many things that you need to pay attention to and a lot more ways to get screwed. That's why I always recommend an attorney. The free ones can be good but they have way too many cases to give each IDES Soldier the time needed to get the best outcome in every case.
 
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