So I received my ratings and every thing looks great expect they did not state it was cobat related. A quick back story deployed to afg. Last deployment was 4 years ago started having very bad breathing issues two years ago. Finally diagnosed with asthma and emphysema never been a smoker, so the only explanation would be my exposures? I gave the lawyers all my paper to include air quality reports and an abnormal EKG about 8 months after my last deployment that suggested pulmonarydisease. My question is do I have a shot in getting it fixed the lawyer suggested a summary review and then formal board... Don't want to the formal Board dick dance
Combat related
- Thread starter rips
- Start date
You can apply for CRSC using DD form 2860
Link to background info
http://www.dfas.mil/retiredmilitary/disability/applyforcrsc.html
You will have the opportunity to submit your evidence.
Link to background info
http://www.dfas.mil/retiredmilitary/disability/applyforcrsc.html
You will have the opportunity to submit your evidence.
There is a difference between combat related and happened on a deployment. Example is tripping on the way to the chow hall and tripping coming out the back ramp of a bradley.
A burn pit is probably not combat related, where radiation from spent DU probably is. I think you need a better story than bad air quality to link it to combat. Breathing in dust that a mortar round kicked up would be closer to the mark. 2 year gap between diagnosis and deployment to me says you're gonna need a pretty decent story, probably with a doc writing to agree with it. The symptoms starting 8 months after helps, but still needs more is my guess.
A burn pit is probably not combat related, where radiation from spent DU probably is. I think you need a better story than bad air quality to link it to combat. Breathing in dust that a mortar round kicked up would be closer to the mark. 2 year gap between diagnosis and deployment to me says you're gonna need a pretty decent story, probably with a doc writing to agree with it. The symptoms starting 8 months after helps, but still needs more is my guess.
Slamming my head on a bunker repeated times when having to egress quickly as part of the PAR team could be combat related right? The closest I got to any life threatening possibilities would be a UXO that I found that was a dud 155 shell. They hit the gym, the motor pool, and in between 2 living areas which were all within a 100 meter circle of the church. I just got done giving a DCS brief when we heard the booms and the loud speaker. The times I banged my head... they had us in the south side of the base. Shorter bunkers... really dumb idea on the construction of that whole part of the base. The offices were built out of plywood.
here's a DoD instruction for implenting CRSC.
https://www.hrc.army.mil/site/crsc/documents/CRSC2_Guidance.pdf
Direct Result of Armed Conflict - The disability is a disease or injury incurred in the
line of duty as a direct result of armed conflict. The fact that a member incurred the
disability during a period of war or an area of armed conflict or while participating in
combat operations is not sufficient to support a combat-related determination. There
must be a definite causal relationship between the armed conflict and the resulting
disability.
Armed conflict includes a war, expedition, occupation of an area or territory, battle,
skirmish, raid, invasion, rebellion, insurrection, guerilla action, riot, or any other action in
which Service members are engaged with a hostile or belligerent nation, faction, force, or
terrorists.
Armed conflict may also include such situations as incidents involving a member while
interned as a prisoner of war or while detained against his or her will in custody of a
hostile or belligerent force or while escaping or attempting to escape from such
confinement, prisoner of war, or detained status.
So, incoming fire would be engagement with the enemy, in my view. I think there is some wiggle room for the services to disagree with that, and there is questions about how close the incoming fire was to you. If as part of that engagement you had to seek cover and were injured, I think there is an argument for combat related. There is no requirement for your life to be in danger, doesn't play in. If there is shrapnel from the indirect fire, that helps make it pretty clearly armed conflict I think. Now, I could see that you might draw a relationship between burn pits only found in the armed conflict and a resulting disability, but it seems harder, after all, burning trash isn't unique to war. Ultimately there is room for the services to make judgement calls on how all this is interpreted, you just have to make the case as clear as possible for them.
You could consider the other criteria, but those don't seem to apply. Maybe you could argue the bunker or burn pits where instrumentality of war... maybe the bunker... maybe.
b. While engaged in hazardous service,
c. In the performance of duty under conditions simulating war, or
d. Through an instrumentality of war.
Now, it does talk about presumptive conditions for the gulf war region are also presumptive for combat related. If you can get the VA to mark the asthma as presumptive because of gulf war service (its not on the list, but they may be more willing to accept air quality and presumptive better than the CRSC folks), then the service has to come back with evidence that it isn't combat related. I have heard of people applying for CRSC based off chronic fatique or IBS, which are listed as presumptive and being turned down. No idea how they presented their argument though. Also, since its service connected asthma, does it even fall under the presumptive rule as stated?
Ultimately, applying is a good idea. Having your case make sense, as far as possible, is also a good idea though. Make sure your argument matches up to the program's criteria, don't assume they will draw the right connection.
Now, this is all assuming you don't need the combat related for the 199, i.e. for non-taxed seperation pay. If that's the case you do need to present these arguments to the PEB instead of the CRSC people. Non-taxed seperation pay can be done based of occuring in a combat zone, which is a loser standard and may be reachable in a easier way. Just needs a doc saying the symptoms were 8 months late in being looked at, something like based off the severity and reported symptoms, the asthma likely started 12 months before the EKG while deployed to Afghanistan. Don't even need to talk about cause, just the date of origin.
https://www.hrc.army.mil/site/crsc/documents/CRSC2_Guidance.pdf
Direct Result of Armed Conflict - The disability is a disease or injury incurred in the
line of duty as a direct result of armed conflict. The fact that a member incurred the
disability during a period of war or an area of armed conflict or while participating in
combat operations is not sufficient to support a combat-related determination. There
must be a definite causal relationship between the armed conflict and the resulting
disability.
Armed conflict includes a war, expedition, occupation of an area or territory, battle,
skirmish, raid, invasion, rebellion, insurrection, guerilla action, riot, or any other action in
which Service members are engaged with a hostile or belligerent nation, faction, force, or
terrorists.
Armed conflict may also include such situations as incidents involving a member while
interned as a prisoner of war or while detained against his or her will in custody of a
hostile or belligerent force or while escaping or attempting to escape from such
confinement, prisoner of war, or detained status.
So, incoming fire would be engagement with the enemy, in my view. I think there is some wiggle room for the services to disagree with that, and there is questions about how close the incoming fire was to you. If as part of that engagement you had to seek cover and were injured, I think there is an argument for combat related. There is no requirement for your life to be in danger, doesn't play in. If there is shrapnel from the indirect fire, that helps make it pretty clearly armed conflict I think. Now, I could see that you might draw a relationship between burn pits only found in the armed conflict and a resulting disability, but it seems harder, after all, burning trash isn't unique to war. Ultimately there is room for the services to make judgement calls on how all this is interpreted, you just have to make the case as clear as possible for them.
You could consider the other criteria, but those don't seem to apply. Maybe you could argue the bunker or burn pits where instrumentality of war... maybe the bunker... maybe.
b. While engaged in hazardous service,
c. In the performance of duty under conditions simulating war, or
d. Through an instrumentality of war.
Now, it does talk about presumptive conditions for the gulf war region are also presumptive for combat related. If you can get the VA to mark the asthma as presumptive because of gulf war service (its not on the list, but they may be more willing to accept air quality and presumptive better than the CRSC folks), then the service has to come back with evidence that it isn't combat related. I have heard of people applying for CRSC based off chronic fatique or IBS, which are listed as presumptive and being turned down. No idea how they presented their argument though. Also, since its service connected asthma, does it even fall under the presumptive rule as stated?
Ultimately, applying is a good idea. Having your case make sense, as far as possible, is also a good idea though. Make sure your argument matches up to the program's criteria, don't assume they will draw the right connection.
Now, this is all assuming you don't need the combat related for the 199, i.e. for non-taxed seperation pay. If that's the case you do need to present these arguments to the PEB instead of the CRSC people. Non-taxed seperation pay can be done based of occuring in a combat zone, which is a loser standard and may be reachable in a easier way. Just needs a doc saying the symptoms were 8 months late in being looked at, something like based off the severity and reported symptoms, the asthma likely started 12 months before the EKG while deployed to Afghanistan. Don't even need to talk about cause, just the date of origin.
Mine would be argued by ABCMR. First I need them to see that NGB screwed up. I highly doubt I would get CRSC but I would like to try for my E-5 retroactively and... hopefully retirement. Yeah, the bunker could be argued, but I think if I were to just have a medical retirement approved I would be content. Even the E-5 and a severance order would be nice. With mTBI, Crohn's, Depression, Anxiety, and PFPS... I should have the 30% needed.