CRSC

[AvnSgt]

What do you think they are picking and choosing? Did you highlight to them the vehicle information on page 4, block 1E? That is your meat and potatoes for showing the vehicle you were in was an instrument of war. All your other paperwork fails to point this out. Unless you makes things very clear for them, they are going to come back against you with a denial.

When you state the injury you need to lead with on "X" date I was involved in a motor vehicle accident while driving a LMTV (see MP report page 4, block 1E) from K-16 to ??? to pick up mission critical equipment. I was struck from the rear from another vehicle causing my head, neck and upper body to move forward and back in a "whipping" motion. A MP report was filed (see attachment 1) and I was seen at the TMC for headaches and neck pain the next day (see attachment 2). My neck pain and headaches progressively got worse over the next two years and I was Med boarded because I could no longer perform my military duties.

If you write stuff like that, you "walk the dog" and put their eyes exactly where you want them. Remember they are looking at a lot of cases just like the PEB. If you sent a box full of medical records, with no references to the reason it is CRSC elligable, they more than likely won't see it.

Joe

Joe,

Yes, I did walk them through it on the Memo, but I was told by CRSC that they choose not to pay attention to the document, because it was a written statement from me. The MP Report was sent later in the appeals process, as it took me several months to obtain.

 

[Jason Perry]

What do you think they are picking and choosing? Did you highlight to them the vehicle information on page 4, block 1E? That is your meat and potatoes for showing the vehicle you were in was an instrument of war. All your other paperwork fails to point this out. Unless you makes things very clear for them, they are going to come back against you with a denial.

When you state the injury you need to lead with on "X" date I was involved in a motor vehicle accident while driving a LMTV (see MP report page 4, block 1E) from K-16 to ??? to pick up mission critical equipment. I was struck from the rear from another vehicle causing my head, neck and upper body to move forward and back in a "whipping" motion. A MP report was filed (see attachment 1) and I was seen at the TMC for headaches and neck pain the next day (see attachment 2). My neck pain and headaches progressively got worse over the next two years and I was Med boarded because I could no longer perform my military duties.

If you write stuff like that, you "walk the dog" and put their eyes exactly where you want them. Remember they are looking at a lot of cases just like the PEB. If you sent a box full of medical records, with no references to the reason it is CRSC elligable, they more than likely won't see it.

Joe

I am not sure that just driving an LMTV would suffice- I am thinking that there would need to be a more direct causal factor between the injury and the instrumentality of war....But, overall, the idea is correct as far as laying out the evidence and the argument.

A further "danger" area is the idea (not sure if it was in the original fact pattern) of a period of time passing between combat related event and the disability progressing. This digs into some complicated issues- however, generally, you are better to show a link between a combat related event and an immediate/acute injury. Otherwise, you run into a problem of showing the connection between the two.

Oops. Sorry, Jason, I didn't mean to make you think that the kevlar was the direct cause. This is one of those physics things, and I look it from a different perspective than many other people. The kevlar was merely a factor in the equation.

No problem, I am just pointing out how the CRSC board likely viewed your application. As I read it, I understood that you were retired and that you were injured in a Motor Vehicle accident in Korea. The missing link is clear causation between the disability and the combat related event. In your own words, what is the combat related event and what is the link between the two?

 

[Warrior644]

What do you think they are picking and choosing? Did you highlight to them the vehicle information on page 4, block 1E? That is your meat and potatoes for showing the vehicle you were in was an instrument of war. All your other paperwork fails to point this out. Unless you makes things very clear for them, they are going to come back against you with a denial.

When you state the injury you need to lead with on "X" date I was involved in a motor vehicle accident while driving a LMTV (see MP report page 4, block 1E) from K-16 to ??? to pick up mission critical equipment. I was struck from the rear from another vehicle causing my head, neck and upper body to move forward and back in a "whipping" motion. A MP report was filed (see attachment 1) and I was seen at the TMC for headaches and neck pain the next day (see attachment 2). My neck pain and headaches progressively got worse over the next two years and I was Med boarded because I could no longer perform my military duties.

If you write stuff like that, you "walk the dog" and put their eyes exactly where you want them. Remember they are looking at a lot of cases just like the PEB. If you sent a box full of medical records, with no references to the reason it is CRSC elligable, they more than likely won't see it.

Joe

I apology if my post is off topic, but I wanted to share my pinpointed feedback...

In my opinion as based upon the available documentation, this is an outstanding "walk the dog" example!

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

Best Wishes!

 

[AvnSgt]

I am not sure that just driving an LMTV would suffice- I am thinking that there would need to be a more direct causal factor between the injury and the instrumentality of war....But, overall, the idea is correct as far as laying out the evidence and the argument.

A further "danger" area is the idea (not sure if it was in the original fact pattern) of a period of time passing between combat related event and the disability progressing. This digs into some complicated issues- however, generally, you are better to show a link between a combat related event and an immediate/acute injury. Otherwise, you run into a problem of showing the connection between the two.


No problem, I am just pointing out how the CRSC board likely viewed your application. As I read it, I understood that you were retired and that you were injured in a Motor Vehicle accident in Korea. The missing link is clear causation between the disability and the combat related event. In your own words, what is the combat related event and what is the link between the two?

Jason,

I was assign to a mission critical duty to transport calibrated equipment to and from Camp Humphreys, back to K-16 for operational readiness. I received orders for this duty, and a copy of these orders was sent to CRSC. In the event this mission would not have been carried out 2/2 AVN would not be able to respond to threats posed to the DMZ, as the unit just took over 1/52 mission to patrol the corridors. So, I believe the fact that this was not a leisure drive on the town, so to say, or a non mission related event, should qualify.

 

[usmcgeorge]

So I was looking threw my medical records. And not once it mentions my injury was from carrying my combat gear. But it was staying before my deployment that I was in a MVA. What I do have is my patient travel from when I got medvac from Iraq back to the states. Will this be good information to submit to the CRSC board.
---------------------------FROM THE PEB FINDINGS-------------------------------------------------------------
the PEB considered whether your unfitting disabilty was incurred in a combat zone(czone), during cobat-related operations CR(AC), or was combat-realated (CR-IW,SW,or HZ). inclusion of one of these CR/CZONE annotations to the right of qualifying diagnosis on the first page of the PEB findings indicates an affirmative finding.

 

[usmcgeorge]

Just to give you a look at what the folks who process the CRSC packets can and will do if they are given the chance because they can find a loop hole. In the attached file, I have redacted areas that are sensitive. Now keep in mind that I was originally medically separated from service for these same injuries, and then later retired by the PDBR. Note, that the folks at CRSC ignored the PDBRs finds, by excluding them.

So I was going threw my medical records and I found nothing stating my injuries was caused because of my military gear. In the notes it states that I was in a MVA wy before my deployment. But what I did find was the medvac report from Iraq to Maryland. Will that do anything.

 

[Jason Perry]

Jason,

I was assign to a mission critical duty to transport calibrated equipment to and from Camp Humphreys, back to K-16 for operational readiness. I received orders for this duty, and a copy of these orders was sent to CRSC. In the event this mission would not have been carried out 2/2 AVN would not be able to respond to threats posed to the DMZ, as the unit just took over 1/52 mission to patrol the corridors. So, I believe the fact that this was not a leisure drive on the town, so to say, or a non mission related event, should qualify.

I am not sure that it would or would not qualify. That does not sound like a caused by "combat" event- (i.e., the injuries not caused by enemy action). (Recall, for CRSC, it is not enough that the events occurred during a "mission" or as a result of performing military duties- you need to show "combat related nature" of the event. Those are 1)Caused by combat/direct action of the enemy, 2)Caused by an instrumentality of war, 3) Caused by training for combat, 4) or as a result of extrahazardous duty (like parachute or dive duty). I am not sure which category you are arguing to the CRSC that you fall under).

I am not trying to shoot down your application. If I am wrong about your accident not being one of the above 4 criteria, my main concern is that in looking at the file you provided, it does not lay out your theory or argument. All I could gather from what you posted was that your injuries were the result of a motor vehicle accident. It is as ranger2922 suggested- you should be laying out the facts and the argument and connecting the two so that the CRSC board is likely to come to the same conclusion you are asking them to.

 

[AvnSgt]

I am not sure that it would or would not qualify. That does not sound like a caused by "combat" event- (i.e., the injuries not caused by enemy action). (Recall, for CRSC, it is not enough that the events occurred during a "mission" or as a result of performing military duties- you need to show "combat related nature" of the event. Those are 1)Caused by combat/direct action of the enemy, 2)Caused by an instrumentality of war, 3) Caused by training for combat, 4) or as a result of extrahazardous duty (like parachute or dive duty). I am not sure which category you are arguing to the CRSC that you fall under).

I am not trying to shoot down your application. If I am wrong about your accident not being one of the above 4 criteria, my main concern is that in looking at the file you provided, it does not lay out your theory or argument. All I could gather from what you posted was that your injuries were the result of a motor vehicle accident. It is as ranger2922 suggested- you should be laying out the facts and the argument and connecting the two so that the CRSC board is likely to come to the same conclusion you are asking them to.

Jason,

The claim was filed under Instrumentality. I did as ranger2922 said, but two things occurred. One, I did not have the Provost Marshall report at the original time of filing. In its place a memo was sent detailing the accident and connecting all the medical documentation. This was suggested by a CRSC Ambassador. However, the folks at CRSC ignored the memo, because they consider it a written statement from the affected SM. This is the primary reason I said the walking the dog method does not always work.

Two, when I went into IPERMS via the HRC app to verify the documents the were uploaded. I found that CRSC had uploaded a copy of the DD 2860, and the DD 214. This tells me that they ignored my DD 215, and orders to retirement, as well as knowing that they could pick and choose what docs they want to use. Block 14 of page 4 on the DD 2860 tells the SM what to submit, so it was not to hard.

Anyway, one week after I received the denial, the Provost Marshall's report arrived. At which time, I submitted it directly to the folks at CRSC using the 12e form. And, now it is back in the cycle again awaiting either the yea or neigh. So, here is hoping for the best.

 

[Jason Perry]

@AvnSgt , I hope it works out well for you.

 

[usmcgeorge]

Updated I applied for crsc and I got denied because my injuries was not combat realted on my med board they did not PTSD but I did not have a % I was already award 30% from the va for PTSD before my med board. Is this something I could appeal to get get PTSD approved for crsc and if so how do I go about doing it. Please see attachment.

 

[Jason Perry]

Updated I applied for crsc and I got denied because my injuries was not combat realted on my med board they did not PTSD but I did not have a % I was already award 30% from the va for PTSD before my med board. Is this something I could appeal to get get PTSD approved for crsc and if so how do I go about doing it. Please see attachment.

Is that the only evidence you supplied with your CRSC application? What did the CRSC board state for reason for denial (specifically)?

 

[usmcgeorge]

when i applied for crsc i was just going off my back and neck injury which i submitted only my med vac notes. but in my notes i stated i had ptsd since 2008.

 

[usmcgeorge]

when i applied for CRSC i was only applying for my neck and back injury. in my notes when i was applying for crsc i just stated i had PTSD since 2007. my question to you was should i file an appeal and try to get ptsd awarded for CRSC. which until this day i'm still seeking help for and if so how would i go about doing that. do i need to get a lawyer etc..

 

[Jason Perry]

when i applied for CRSC i was only applying for my neck and back injury. in my notes when i was applying for crsc i just stated i had PTSD since 2007. my question to you was should i file an appeal and try to get ptsd awarded for CRSC. which until this day i'm still seeking help for and if so how would i go about doing that. do i need to get a lawyer etc..

I am still not clear if you claimed PTSD or not in your original application. (That is, you may have mentioned it as a condition you have/had, but if you did not claim it on the CRSC application, they may well have not considered it). Yes, I would appeal. Attached is the form for appealing. I would be hesitant to suggest that you "need" a lawyer. If you cannot navigate the process and need legal assistance, then hiring a lawyer may be a good idea. Still, if you were rated by the VA and you have evidence of combat related nature of the condition, it would be a shame to spend money on an appeal that it sounds like you should clearly win. However, I caveat all of this with the fact that I don't know for sure what you claimed originally, and what the CRSC board stated as a reason for denial. Also, do not know what evidence you submitted. It sounds like you should be awarded CRSC, but, I am necessarily making some educated guesses here.

 

[usmcgeorge]

sorry for over looking the question you ask me.. i never put in for PTSD i only mentioned it as a condition i have. Note i do have a increase claim pending from the va on my ptsd. Should i wait until that claim is final before i send in an appeal just in case i get a higher rating or it don't matter.

 

[Jason Perry]

sorry for over looking the question you ask me.. i never put in for PTSD i only mentioned it as a condition i have. Note i do have a increase claim pending from the va on my ptsd. Should i wait until that claim is final before i send in an appeal just in case i get a higher rating or it don't matter.

I would consider filing an original application for the PTSD. (Hard to say how they will view it- I think since you never specifically claimed PTSD, it should be a new application; especially since any award is backdated to date of eligibility regardless and it may keep open your appeal options). It is your call as to whether or not you should wait, but, I would tend to think that an earlier application would get you money sooner. (I would look at what evidence you have as to "combat-related" nature of the condition- maybe the VA C&P exam stated something about your stressor, maybe there is an LOD, or other documentation- perhaps a medal citation, or evaluation report, or letter of commendation, stating circumstance of the stressor as being combat related).

 

[usmcgeorge]

Jason I was going through my paper work. It looks like the va says its combat

 

[usmcgeorge]

So if I was looking at that paper correct I could file crsc because the va has it down as
Combat. So should I submit all of my PTSD paper when I file

 

[Jason Perry]

Yes, submit any evidence you have that supports that your condition is combat related.

 

[usmcgeorge]

Will all my notes from day one when i started with PTSD treatment until present be good.