CRSC for drone operators???

[Wally3430]

Congratulations!! Did everything turn out as well as you were hoping for?

Did the re-write by your MH Provider help?

It was a partial award, but I received what I was hoping for. Not sure if it was the re-write or what. I do know I had overwhelming documents supporting it. I attribute this award to not only this forum, but a shithot Wounded Warrior Rep at AFPC. She worked hard on this and got multiple people involved to scrub the package. Drink of her choice coming her way.

 

[Warrior644]

Thought I'd update this. CRSC board just awarded total 60%; 50% for PTSD and 10% for Tinnitus. So, yes, drone operators can get CRSC. Happy Valentines Day.

Indeed, congratulations; good deal for sure! Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!

 

[Wally3430]

Not sure what exactly helped. My Air Force MH guy was a little POS...his letter didn't say much. I had multiple buddy letters from pilots I flew with and my commander (whom i also flew with). Basically, I had multiple pieces of evidence that all supported each other. I was hoping for PDRL, but didn't get it . Hopefully, I'll get on PDRL at first re-eval. My condition is the same, but stable so it "should" happen.

 

[Wally3430]

Indeed, congratulations; good deal for sure! Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!

Warrior...question for you. I just noticed your ratings. You're 100% VA and 70% DoD. I've read that DoD limits percentages to 75% maximum. Do your unfitting conditions add up or round up to 70%? Just wondering if DoD awards 75% retirement in cases where the non-fitting condition ratings add up to that or more.

 

[gsfowler]

DoD is only going to rate you on the "referred" or also known as "unfitting" conditions. You can be rated 100% disabled by the DoD, however the maximum that is paid out though any retirement is 75%.

The reason behind this is that 75% is the maximum retirement that you can receive if you complete a full career of 30 years. A medical retirement will only reimburse you for the replacement of a career that was cut short through an unfitting condition.

 

[Warrior644]

Warrior...question for you. I just noticed your ratings. You're 100% VA and 70% DoD. I've read that DoD limits percentages to 75% maximum. Do your unfitting conditions add up or round up to 70%? Just wondering if DoD awards 75% retirement in cases where the non-fitting condition ratings add up to that or more.

Indeed, I concur with @gsfowler comments above. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!

 

[airbornemedic911]

A little late, however, GSFowler is spot on.

I’m 100% by the Army and VA, and the max I am eligible to receive is 75% of my base pay. I retired with over 20 years.

On a plus, since it related to war time service, my Army retirement is tax free, or I think that’s why it’s tax free.

 

[Wally3430]

A little late, however, GSFowler is spot on.

I’m 100% by the Army and VA, and the max I am eligible to receive is 75% of my base pay. I retired with over 20 years.

On a plus, since it related to war time service, my Army retirement is tax free, or I think that’s why it’s tax free.

Were your unfitting conditions "combat-related" or "combat zone" or both? I believe I heard that if they are "combat zone", then they are tax free...even if they aren't "combat-related".

 

[airbornemedic911]

Were your unfitting conditions "combat-related" or "combat zone" or both? I believe I heard that if they are "combat zone", then they are tax free...even if they aren't "combat-related".

From the orders moving me onto the PDRL, hopefully that explains better..? I’m assuming there’s technical reasons and hopefully the screen shot of my orders will assist to answer your question.

 

[ANG_Reaper]

MQ-9 Sensor Operator here. Is it worth going to FPEB if my DAF Form 356 states the following?

CONDITION IS COMBAT RELATED AS DEFINED IN 26 USC 104?
—NO

DISABILITY WAS INCURRED IN A COMBAT ZONE OR
INCURRED DURING THE PERFORMANCE OF DUTY IN COMBAT-RELATED OPERATIONS AS DESIGNATED BY THE SECRETARY OF DEFENSE (NDAA 2008, Sec
1646)?
—YES

I researched 26 U.S.C. 104 and I do not understand how this is not justified by the instrumentality of war or armed conflict. I submitted an MFR basically saying I reluctantly agree to sign the 1180 (accepting the findings to include the not-combat-related designation, also waiving my right to appeal), but now a Board member is asking for clarification before proceeding to finalize the case to double check that I do NOT want to pursue the FPEB route to appeal the combat related determination.

My question is this— Is it worth going through the FPEB rigmarole to fight this or should I walk away with a med retirement and let DFAS determine my CRSC eligibility post retirement?

 

[chaplaincharlie]

You should talk to free, service provided legal counsel. Often the FPEB will acquiesce to a legal inquiry and thus you get what you want without appearing for the FPEB.

 

[Wally3430]

MQ-9 Sensor Operator here. Is it worth going to FPEB if my DAF Form 356 states the following?

CONDITION IS COMBAT RELATED AS DEFINED IN 26 USC 104?
—NO

DISABILITY WAS INCURRED IN A COMBAT ZONE OR
INCURRED DURING THE PERFORMANCE OF DUTY IN COMBAT-RELATED OPERATIONS AS DESIGNATED BY THE SECRETARY OF DEFENSE (NDAA 2008, Sec
1646)?
—YES

I researched 26 U.S.C. 104 and I do not understand how this is not justified by the instrumentality of war or armed conflict. I submitted an MFR basically saying I reluctantly agree to sign the 1180 (accepting the findings to include the not-combat-related designation, also waiving my right to appeal), but now a Board member is asking for clarification before proceeding to finalize the case to double check that I do NOT want to pursue the FPEB route to appeal the combat related determination.

My question is this— Is it worth going through the FPEB rigmarole to fight this or should I walk away with a med retirement and let DFAS determine my CRSC eligibility post retirement?

It's been about a decade since I went through this clown show, so take what I say with a grain of salt---many things may have changed.

1) In my PEB, my PTSD was found "combat zone, NOT combat related. See my signature block for the break down, just that explains alot.
2) I appealed whenever I could (appealing has the secondary effect of keeping your case going longer and YOU in the service longer, which adds up to more TIS). I worked closely with a rep in the Office of Airman's Council. If I remember correctly, and my memory on it is foggy, my PEB appeal for combat zone/combat related was denied. I then requested an in-person FPEB for the same reason, which was granted. I actually went TDY to the FPEB and my attorney said the board was pulling some bullshit at the last minute--he advised me to withdraw my request to be seen by the FPEB (which was literally in the next room), take TDRL as it stood and re-appeal while on TDRL. So, I did just that and won the appeal later.

That was MY case, yours will likely differ in some or many ways. My best advice is to have ALL documentation ready to go (and have copies of it), work closely with OAC, and try not to burn bridges (like waiving the right to appeal).

P.S. While federal code seems clear that MANY warfighters qualify for the "combat related" disability designation, that doesn't mean the services slap that title on things just willy-nilly. If they did, the DoD would be bankrupt. The key is to dunk on them i.e. cover all the bases, swamp them with irrefutable evidence, and give them no opportunity to interpret a grey area item. Easier said than done, but that's what I did. Years before I had any issues, I received good advice from supervisors to ensure I document EVERYTHIING medical related. Over the years, I did just that. Due to that, I didn't have to scramble for documentation and it was key to me winning in the end. Good luck. ATTACK.

 

[MrEcho]

If med boarded for PTSD and put on the TDRL, can you still apply for CRSC or do you have to wait until they deem your condition as stabilized and permanent?

 

[Wally3430]

If med boarded for PTSD and put on the TDRL, can you still apply for CRSC or do you have to wait until they deem your condition as stabilized and permanent?

I applied for CRSC while on TDRL and was awarded it.

 

[ANG_Reaper]

Thanks for sharing brother. Are you saying that you agreed to waive your right to appeal on the 1180 and then after retirement on TDRL you were able to re-appeal?

 

[Wally3430]

Thanks for sharing brother. Are you saying that you agreed to waive your right to appeal on the 1180 and then after retirement on TDRL you were able to re-appeal?

Honestly, I don't even know what a 1180 is, it's been so long! My signature block timeline is accurate though since I wrote all that as it happened. I do know that while on TDRL I came up for re-evaluation by the FPEB(???) and that's when I appealed again and was awarded. So, to summarize the appeal process it went like this 1) Initial PEB findings-appealed. Appeal denied. Requested and approved for in-person FPEB appeal. On-site pulled my appeal request, which was approved. Went on TDRL. At first re-evaluation, I appealed again and was was awarded the "combat-related" designation as well as being put on PDRL with a higher percentage (since VA % went up while on TDRL).

Apologizes I couldn't answer more specifically. Hope this helps your situation.

 

[anubis]

Good day, Wally3430!

First, thank you for sharing your experience with us. The community doesn't have much to go on with RPA related CRSC cases and having publicly shared stories like this is a huge boost of help and confidence to push our CRSC packages.

I understand its been a good minute since your case, but I have a few questions if possible!

1. Did you wait for your TDRL appeal (to change to combat related) before you submitted for CRSC, or did they grant CRSC without the designation on your PEB paperwork?

2. Which criteria did they grant your PTSD. Was it hazardous duty or instrumentality of war?

Thank you for your time! I recently submitted my package under instrumentality of war awaiting an answer probably in the next week.

 

[Wally3430]

1) If my memory serves me correctly, after two years on TDRL, I was reevaluated. They received my updated VA rating for PTSD for 70% as well as my request to change "not combat related" to "combat related". They found me still unfit while on TDRL, so they retired me---80% DoD with combat related PTSD. When I finally got that, then I applied to CRSC and was awarded it. I felt the "combat related" designation was key to being awarded CRSC. ***Come to think of it, I may have applied for CRSC when first put on TDRL and was denied, likely due to not having that combat related designation for PTSD. Side note: while looking through my final PEB decision, it said "Typically, the Board does not assign combat relation to the medical and mental health conditions incurred as the result of performing duties of Sensor Operator." But due in part to my unique circumstances that occurred downrange in addition to normal stateside SO duties, I was awarded it. Documentation was key---the picture was painted for them.

2) PTSD was awarded CRSC under "armed conflict" (AC). They denied my application for asthma (burn pit connection downrange), which I included in the CRSC application. Interestingly, they awarded me 10% CRSC for tinnitus even though I didn't even list it on the CRSC application . The origin code they used for the tinnitus award was "IN" or Instrumentality of War (even though it started right after a rocket attack explosion close-by).

Good luck. To my knowledge (and that's limited), I'm the only 1U that's received CRSC.

 

[anubis]

1) If my memory serves me correctly, after two years on TDRL, I was reevaluated. They received my updated VA rating for PTSD for 70% as well as my request to change "not combat related" to "combat related". They found me still unfit while on TDRL, so they retired me---80% DoD with combat related PTSD. When I finally got that, then I applied to CRSC and was awarded it. I felt the "combat related" designation was key to being awarded CRSC. ***Come to think of it, I may have applied for CRSC when first put on TDRL and was denied, likely due to not having that combat related designation for PTSD. Side note: while looking through my final PEB decision, it said "Typically, the Board does not assign combat relation to the medical and mental health conditions incurred as the result of performing duties of Sensor Operator." But due in part to my unique circumstances that occurred downrange in addition to normal stateside SO duties, I was awarded it. Documentation was key---the picture was painted for them.

2) PTSD was awarded CRSC under "armed conflict" (AC). They denied my application for asthma (burn pit connection downrange), which I included in the CRSC application. Interestingly, they awarded me 10% CRSC for tinnitus even though I didn't even list it on the CRSC application . The origin code they used for the tinnitus award was "IN" or Instrumentality of War (even though it started right after a rocket attack explosion close-by).

Good luck. To my knowledge (and that's limited), I'm the only 1U that's received CRSC.

Cheers, thank you for the quick reply and sharing your story!

If I'm somehow an outlier for this, I'll be sure to share my story like you did to help others in the RPA realm.

Take care!