Question regarding PEB process and CRSC quailification for back conditions

Hello Group, I was hoping to get some assistance. I am currently going they the Medical Retirement Process and have recieved my DOD rating of 40% for

5242-5243 Lumbar spine degenerative arthritis, lumbar spine intervertebral disc syndrome, lumbar
spinal stenosis, and lumbar spine degenerative changes. (MEB Dx 1-4)

But my question is on the DA199 it does indicate the injury incurred in the LOD under Title 10 (Deployment to Iraq 2009), it also indicates:

1. The disability disposition is not based on disease or injury incurred in the line of duty in combat with an enemy of the United States and as a direct
result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war (5 USC 8332, 3502, and 6303).
(This determination is made for all compensable cases but pertains to potential benefits for disability retirees employed under Federal Civil Service.)
2. Evidence of record reflects the Soldier was not a member or obligated to become a member of an armed force or Reserve thereof, or the NOAA or the
USPHS on 24 September 1975.
3. The disability did not result from a combat-related injury under the provisions of 26 USC 104 or 10 USC 10216.
5. The retirement is due to a disability incurred in the line of duty in a combat zone or as the result of performing combat

From what I am reading since the injury which I feel was casused by wearing full kits, and convoying to and from my stations usally 3+ hours each way, 5-6 days a week. it would not qualify for CRSC. I was wondering what I would need to get this linked to CRSC under instrumentally of war clause.

Has anyone had any luck with this. I never went to sick call due to the high tempo of our missions, was diagnosed at the VA upon return.

Thank you for any assistance.

mokasio said:

Getting wear and tear from body armor and convoys approved for CRSC under the "instrumentality of war" clause is an uphill battle. The DOD generally views the routine use of military gear, body armor, or riding in tactical vehicles as standard occupational hazards rather than specific combat-related events. Usually, they want to see a specific incident—like an IED blast, a vehicle rollover, or a hard parachute landing.

However, it is not impossible if you can build a strong enough case. Here is what you need to start gathering to fight that DA199 coding:

Buddy Statements: Since you didn't go to sick call in theater due to the op tempo, you desperately need sworn statements (DD Form 2823) from guys in your squad or your leadership. They need to verify the extreme conditions, the constant 3+ hour convoys on rough terrain in full battle rattle, and crucially, that you were actively complaining about or showing signs of back pain during the 2009 deployment.

A Bulletproof Medical Nexus: You need a doctor (preferably an orthopedic specialist) to write a statement explicitly linking your lumbar degradation to the specific use of tactical gear and military vehicles in a combat zone. They need to state that the wear and tear is directly caused by the "instrumentalities of war" and not just natural degeneration or genetics.

Legal Pushback: You need to consult with your assigned military Physical Evaluation Board Counsel immediately. They specialize in fighting these exact V/1/3/4 codes. You can appeal the findings and request a Formal PEB (FPEB) to argue the combat-related coding before the board.

Have you already signed the DA199, or are you currently working with your assigned legal counsel to appeal those specific findings?

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Exactly right! Also, fyi, I had to edit your post as somehow there was a paragraph at the bottom of the replied section attributed to spammers, I removed it. However, your comment is still pending approval but for whatever reason, its not allowing me to do so. My suggestion would be to copy your section of your response, delete your whole comment (if it allows you to) and repost you comment.

Thank you for you response and the information that you provided, No i have not signed my DA199 yet, it was sent to me for my review and I requested legal council before signing it. I will work on the buddy statements while I wait for the council.