Medical retirement

[jeffb]

Does anyone have the law that the military has to accept the VA ratings and determination for medical retirement ?

 

[chaplaincharlie]

The first part of your sentence is correct. The second part is not correct. The military determines is you are fit for duty or unfit.

 

[jeffb]

You wouldnt be sent to the VA by the Military if you were fit now would you ? When going through the IDES program the military sends you to the VA to get rated for your unfit conditions. They have to accept those findings on what the VA said . I am asking for the law they are required to do so. I know there is a law in that regards but dont know it . nothing about my question is incorrect.

 

[jeffb]

I found it thank you .

38 U.S. Code § 1154 b and​

38 CFR § 3.304 Sections C D F Navy is claiming VA doesnt have the authority to make the claim of combat related.​

 

[RonG]

Reference: VA Adjudication Manual, M21-1, Part III, Subpart iv, Chapter 6, Section D - Codesheet Section Article ID: 554400000014207

III.iv.6.D.3.a. Definition: Combat Disability​

The term combat disability applies to any injury incurred in action against an enemy of the United States or as a result of an act of such an enemy. These injuries include wounds by missiles (bullets or shrapnel) psychological trauma or posttraumatic stress disorder experienced in accidents, explosions, or airplane crashes during a period when the Veteran was in combat, and diseases directly attributable to exposure to the elements as a result of action against the enemy or by the enemy, such as exposure following an airplane crash or shipwreck. Reference: For more information on combat-related disabilities, see M21-1, Part IV, Subpart ii, 2.B.3.d.

---

III.iv.6.D.3.b. Description of Combat Status Codes​

The table below contains descriptions for each of the four combat status codes. Code Description 1-None Indicates no combat disabilities. 2-(Comp.) One or more combat disabilities, all of which are compensable. 3-(Noncomp.) One or more combat disabilities, none of which are compensable. 4-(Both) One or more combat disabilities, not all of which are compensable.

Ron
Note: The CRSC board for each service makes decisions pertaining to approval or disapproval of CRSC applications. The VA does not make those decisions. It is my understanding that the Code Sheets discussed above are not routinely sent to the veteran upon approval of their VA claims(s).

 

[RonG]

The first part of your sentence is correct. The second part is not correct. The military determines is you are fit for duty or unfit.

@chaplaincharlie does not need my affirmation, but he is correct about the military determines if one is fit for duty or unfit. That is the purpose of the MEB/PEB.

VA = rates all service connected disabilities
DoD = rates only those disabilities that make a member unfit for continued service.
Often, the two ratings are different since the DoD area of consideration is more restrictive.

Ron

 

[jeffb]

@chaplaincharlie does not need my affirmation, but he is correct about the military determines if one is fit for duty or unfit. That is the purpose of the MEB/PEB.

VA = rates all service connected disabilities
DoD = rates only those disabilities that make a member unfit for continued service.
Often, the two ratings are different since the DoD area of consideration is more restrictive.

Ron

Yes and read my statement I am asking for the LAW pertaining to that . unfit or fit is for retirement purposes only nothing more. Still required to go to the VA for rating and findings of those ratings as your record is gone through its entirety to determine combat related. The paperwork then goes back to the Navy and the separation process starts. Military has stated on my denied CRSC that VA cant determine medical issues combat related which is not true at all as per the law. I cannot find a law saying the military is the defining authority. The procedure if medical retiring from the military is rated by the VA findings. His answer was irrelevant to the question being asked.

 

[chaplaincharlie]

You wouldnt be sent to the VA by the Military if you were fit now would you ? When going through the IDES program the military sends you to the VA to get rated for your unfit conditions. They have to accept those findings on what the VA said . I am asking for the law they are required to do so. I know there is a law in that regards but dont know it . nothing about my question is incorrect.

A member is sent to the VA before the service makes a determination of fit or unfit. Once a member is referred to the PEB process the member meets with the VA's MSC and then the C&P examiner(s). The Informal PEB then looks at the referred condition, narrative summary, non medical statement from command, members statement (if submitted) and all contentions rated by the VA to determine if the member is fit or unfit. If the PEB determines a member if unfit based on one or more conditions the service must use the percentage the VA assigned to those conditions. The PEB is a personnel process. A member can be returned to duty even when the condition clearly does not meet retention standards, if the PEB determines it is in the best interest of the service.

You are correct that the service must use the VA's percentage, but that only applies if the member is found unfit.

 

[RonG]

Related.

General: The PEB is the only board in the Military that can determine whether a Soldier is fit or unfit for continued Military Service. If found unfit, the PEB will determine whether the unfitting disability is compensable.

-------------------

DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 63
63-4 CHAPTER 63 COMBAT-RELATED SPECIAL COMPENSATION (CRSC)

6301 GENERAL
*630101. Purpose CRSC provides special compensation to members of the Uniformed Services who have retired pay reduced because of receiving U.S. Department of Veterans Affairs (VA) disability compensation where a portion of such VA disability compensation is the result of disabilities that are combat-related as determined by the Military Department

630102. Authoritative Guidance The pay policies and requirements established by DoD in this chapter are derived primarily from, and prepared in accordance with the U.S.C., including Titles 10, 31, and 37. Due to the subject matter in this chapter, the list of authoritative sources is extensive. The specific statutes, regulations, and other applicable guidance that govern each individual section are listed in a reference section at the end of the chapter'
https://comptroller.defense.gov/Portals/45/documents/fmr/current/07b/07b_63.pdf <---LINK

Ron

 

[jeffb]

OK my question is going over peoples head. lol . I ASK WHO SAYS THE MILITRAY IS THE DEFINING AUTHORITY ON WHAT IS COMBAT RELATED OR NOT. I WENT THrough THE IDES PROGRAM AND THE MILITARY HAS TO ACCEPT THE FINDINGS For UNFIT conditions . VA states it is combat related . Navy accepted it . now all of a sudden I filed for CRSC and now the Navy is saying it isnt combat related ? WHO is the defining authority based on law ? because apparently it is not these two LAWS.

38 U.S. Code § 1154 b and​

38 CFR § 3.304 Sections C D F​

 

[jeffb]

A member is sent to the VA before the service makes a determination of fit or unfit. Once a member is referred to the PEB process the member meets with the VA's MSC and then the C&P examiner(s). The Informal PEB then looks at the referred condition, narrative summary, non medical statement from command, members statement (if submitted) and all contentions rated by the VA to determine if the member is fit or unfit. If the PEB determines a member if unfit based on one or more conditions the service must use the percentage the VA assigned to those conditions. The PEB is a personnel process. A member can be returned to duty even when the condition clearly does not meet retention standards, if the PEB determines it is in the best interest of the service.

You are correct that the service must use the VA's percentage, but that only applies if the member is found unfit.

Thank you but that wasnt my case nor does it have anything to do with my question. my process was MEB ,PEB ,unfit ,VA then retirement. VA rating determines severance or retirement .

 

[Jason Perry]

I will try to offer some insight. The original question was not clear as to the focus of the VA "determination" being the combat-related issue.

Seems to me that folks are asking good questions, and folks are offering good information. However, also seems that the main point or issue is not being discussed or addressed (on both sides, at least initially).

Here's my 2 (or 43, or other) cents:

Does anyone have the law that the military has to accept the VA ratings and determination for medical retirement ?

The military has to apply the VA ratings for unfitting conditions. This is found at 10 U.S.C Sec. 1216a:

(a)Utilization of VA Schedule for Rating Disabilities in Determinations of Disability.—
(1)In making a determination of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned—
(A)
shall, to the extent feasible, utilize the schedule for rating disabilities in use by the Department of Veterans Affairs, including any applicable interpretation of the schedule by the United States Court of Appeals for Veterans Claims; and
(B)
except as provided in paragraph (2), may not deviate from the schedule or any such interpretation of the schedule.
(2)
In making a determination described in paragraph (1), the Secretary concerned may utilize in lieu of the schedule described in that paragraph such criteria as the Secretary of Defense and the Secretary of Veterans Affairs may jointly prescribe for purposes of this subsection if the utilization of such criteria will result in a determination of a greater percentage of disability than would be otherwise determined through the utilization of the schedule.
(b)Consideration of All Medical Conditions.—
In making a determination of the rating of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned shall take into account all medical conditions, whether individually or collectively, that render the member unfit to perform the duties of the member’s office, grade, rank, or rating.

10 U.S. Code § 1216a - Determinations of disability: requirements and limitations on determinations

www.law.cornell.edu

EDIT: I responded when I was tired, so I also mistook the question. The statute cited requires the military to rate by application of the VA Schedule. The requirement to use VA determined ratings in IDES cases is found in DoDI 1332.18 and various service regulations.

I found it thank you .

38 U.S. Code § 1154 b and​

38 CFR § 3.304 Sections C D F Navy is claiming VA doesnt have the authority to make the claim of combat related.​

Yes and read my statement I am asking for the LAW pertaining to that . unfit or fit is for retirement purposes only nothing more. Still required to go to the VA for rating and findings of those ratings as your record is gone through its entirety to determine combat related. The paperwork then goes back to the Navy and the separation process starts. Military has stated on my denied CRSC that VA cant determine medical issues combat related which is not true at all as per the law. I cannot find a law saying the military is the defining authority. The procedure if medical retiring from the military is rated by the VA findings. His answer was irrelevant to the question being asked.

The VA does not decide the CRSC issue- the military does:

10 U.S. Code § 1413a - Combat-related special compensation

www.law.cornell.edu

General: The PEB is the only board in the Military that can determine whether a Soldier is fit or unfit for continued Military Service. If found unfit, the PEB will determine whether the unfitting disability is compensable.

Yes, generally, this is right....however, the BCMR's can also do so. I just throw this out there for clarification of the fine point. PEB does the vast majority of these cases. However, the BCMR/BCNR also can.

OK my question is going over peoples head. lol . I ASK WHO SAYS THE MILITRAY IS THE DEFINING AUTHORITY ON WHAT IS COMBAT RELATED OR NOT. I WENT THrough THE IDES PROGRAM AND THE MILITARY HAS TO ACCEPT THE FINDINGS For UNFIT conditions . VA states it is combat related . Navy accepted it . now all of a sudden I filed for CRSC and now the Navy is saying it isnt combat related ? WHO is the defining authority based on law ? because apparently it is not these two LAWS.

38 U.S. Code § 1154 b and​

38 CFR § 3.304 Sections C D F​

10 U.S. Code § 1413a - Combat-related special compensation

www.law.cornell.edu

That is the answer to your question.

Thank you but that wasnt my case nor does it have anything to do with my question. my process was MEB ,PEB ,unfit ,VA then retirement. VA rating determines severance or retirement .

Hope this helped. Best of luck with your case!

 

[jeffb]

Thank you . So the VA is the defining authority to rate something as combat related . On my CRSC denial they said the VA wasnt the defining authority on combat related disabilities Thank you so much again for your help and finding me another law on the issue.

 

[Jason Perry]

So the VA is the defining authority to rate something as combat related .

No, under 10 USC 1413a, “the Secretary concerned” is the military Service Secretary. The military determines entitlement to CRSC.

 

[chaplaincharlie]

However, also seems that the main point or issue is not being discussed or addressed (on both sides, at least initially).

The unedited OP was not a question.

 

[Jason Perry]

Edited my post, above.

 

[RonG]

No, under 10 USC 1413a, “the Secretary concerned” is the military Service Secretary. The military determines entitlement to CRSC.

I agree with @Jason Perry , although he does not need my thoughts on the matter.

DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 63

https://comptroller.defense.gov/Portals/45/documents/fmr/current/07b/07b_63.pdf <---LINK

631001. Basis for Determination

A. Determinations of whether a disability is combat-related will be based on the preponderance of available documentary information where quality of information is more important than quantity. All relevant documentary information is to be weighed in relation to known facts and circumstances, and determinations will be made on the basis of credible, objective documentary information in the records as distinguished from personal opinion, speculation, or conjecture

B. The burden of proof that a disability is combat-related rests with the applicant, who is required to provide copies of documents in his or her possession to the best of his or her ability. A record submitted by a member may be used in support of his or her application if that record appears regular on its face and is consistent with Military Service documents and procedures in use at the time, based on the best information available. Military Departments may compile a list of typical documents used in various time periods. If necessary, the Military Departments, under agreement with VA may request copies of certain documents (i.e., DD 214, “Certificate of Release or Discharge From Active Duty”, medical records, final VA ratings) from VA to support CRSC determinations. 631002. Processing of Applications Each Military Department will receive and process applications submitted by members retired from that Military Department on DD 2860, Claim For Combat-Related Special Compensation (CRSC). Applications will be reviewed, and an application will be approved only if the applicant satisfies both preliminary and final CRSC criteria. An application must be received by the military department prior to the member’s death in order to be considered. An application for CRSC submitted by a member’s survivors will not be considered. The DFAS-Cleveland site will be notified of each approved application for payment

A. Initial Review. Each Service Department will review the member’s application to determine if the member meets the preliminary criteria in section 6304. If a member does not satisfy each of the preliminary CRSC criteria, then the application will be denied and no further consideration is necessary. The member may reapply when his or her ratings satisfy the specified thresholds and meet all four preliminary CRSC criteria in section 6304.

B. Final Review. If the member meets all four preliminary criteria in section 6304, then the Military Department will determine whether the member’s disabilities are qualifying combat-related disabilities, as prescribed in section 6306. The Military Department will record each disability determined to be combat-related with assigned medical diagnosis code from VASRD. The Military Department will forward the approved claims with VASRD codes categorized as either combat or Purple Heart to the DFAS-Cleveland site for payment.

631003. Denial and Appeal

A. Denial. When a Military Department denies a CRSC application, they will provide a letter to the member specifying the reasons(s) for the denial. The Military Department will inform the member that he or she may seek reconsideration by submitting additional, clarifying, or new documentary information to the Military Department in support of his or her claim. The Military Department will review the additional or new information and will inform the member of the results of the review. The Military Department will also inform the member that CRSC is subject to the same appeals and correction processes applicable to military pay and allowances, including application to the appropriate Board for Correction of Military Records (BCMR) under the provisions of 10 U.S.C. § 1552.

B. Appeal. The Military Department will provide the member a DD 149, Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, section 1552, and the address of the BCMR, including its website. In considering an application where the issue of whether a disability is combat-related for the purposes of CRSC, BCMR shall seek an advisory opinion from the Director of Compensation Policy, Office of the Deputy Assistant Secretary of Defense (Military Personnel Policy), and comply with the requirements of 10 U.S.C. § 1556. The BCMR will provide the Director of Compensation a copy of any final decision concerning any application involving a determination as to whether a disability is combat-related

---
Ron

 

[knuckle684]

I have a two questions if anyone could provide some experience.

1. When can you appeal during the IDES process if found unfit?

2. Has anyone been placed on assignment after being recently found fit for duty?

 

[Jason Perry]

1. When can you appeal during the IDES process if found unfit?

I am going to respond with generalities here because I am not sure what you would seek to appeal. (It's not clear what you would want to appeal- the unfit finding? Whether there are additional conditions that should be found unfit? The rating for any unfitting conditions? It is not clear what your issue or concern is from the question).

The clearest answer is that after any finding you disagree with as a result of an Informal PEB (which would be the first place where there is a finding of unfitness), your "appeal" would be at the Formal PEB level. If you get an adverse result from the FPEB, then each service has additional reviews and administrative appeals available (with the highest level being the Service's Board for Correction of Military Records).

If it is a rating issue, there is a one-time VA Rating Reconsideration Request (VARR) available while in the IDES system.

2. Has anyone been placed on assignment after being recently found fit for duty?

Others may chime in. I only respond here to say that much would depend on the service, the career field (rate/MOS/AFSC, etc.), and other's experience may not be very helpful due to the specificity of individual circumstances.

I hope this was helpful. Best of luck with your case!