PTSD disqualifying for Diving Duty

Makarov

Makarov

Well-Known Member
PEB Forum Veteran
Registered Member
Hello All.

This is my first post so I’m sorry if I’m asking questions that have already been addressed in other threads. I started receiving treatment this past January which, ultimately, led me to a PTSD diagnoses. My new psychiatrist is suggesting that my symptoms may have originally started from a concussion I had in November 2018 and were triggered by the incident in, December 2019, that caused my PTSD. After being admitted to the ER for suicidal thoughts, I was pulled from diving duty and had my high-risk instructor letter pulled as well. I was transferred to another building for desk duty and put on my first period of LIMDU. However, my Intensive Outpatient Program (IOP) just started and I’m concerned my treatment plan is longer than the amount of LIMDU I’m allowed. My biggest concern is that I will be force-converted to another rate for not being able to maintain the physical qualifications of a diver. If I can’t be a diver, I would rather just be separated. I also have a son in EFMP that has special needs so I’m also concerned about losing tricare coverage. Does anyone know how the MEB process works for special duties like diving? Do I have to do a full year of LIMDU before they recommend separation? I’m at a shore command near a naval hospital but my providers are all civilian now because a military psychiatrist was unavailable and my military psychologist is being deployed for the COVID-19 situation.
 
Hello,

Re: " If I can’t be a diver, I would rather just be separated. I also have a son in EFMP that has special needs so I’m also concerned about losing tricare coverage."

"Just be separated" would be the result of being rated by the DoD at 20% or less. There is no TRICARE in those instances.

Retired at 30% or more = TRICARE eligible.

Good luck,
Ron
ShallowWaterTexan
 
RonG said:
Hello,

Re: " If I can’t be a diver, I would rather just be separated. I also have a son in EFMP that has special needs so I’m also concerned about losing tricare coverage."

"Just be separated" would be the result of being rated by the DoD at 20% or less. There is no TRICARE in those instances.

Retired at 30% or more = TRICARE eligible.

Good luck,
Ron
ShallowWaterTexan
Click to expand...
Oh. I didn’t realize there was a specific threshold. I guess I’ll have to wait and see what they say. I just don’t want to do a year of LIMDU and then another year for the separation process. Especially if it means I’m separated instead of retired. Thanks for the info!
 
Hello,

Additional info:

You will likely receive both a DoD disability rating and a VA rating.

In order to receive VA compensation, one has to agree to waive (lose) retired pay dollar for dollar in the amount of VA compensation. Highly recommend acceptance of VA compensation irrespective of the rating percentage. You would keep any residual retired pay left after the VA offset/waiver. In most cases there is no residual retired pay.

Some disability retirees are eligible for CRSC; see Collection of CRSC Info <---LINK

Ron
 
RonG said:
Hello,

Additional info:

You will likely receive both a DoD disability rating and a VA rating.

In order to receive VA compensation, one has to agree to waive (lose) retired pay dollar for dollar in the amount of VA compensation. Highly recommend acceptance of VA compensation irrespective of the rating percentage. You would keep any residual retired pay left after the VA offset/waiver. In most cases there is no residual retired pay.

Some disability retirees are eligible for CRSC; see Collection of CRSC Info <---LINK

Ron
Click to expand...
I’m sorry. I’m not following what you’re saying. What’s the difference between DoD and VA ratings? Right now no one has told me I’m getting separated but the Navy Diver instruction and the medical readiness standards for diving duty say that any mental, emotional, behavioral, or cognitive disorder is disqualifying. My Undersea Medical Officer is telling me I can only get a waiver if I do the full treatment and then show stability with no side effects for 90 days off of the medication. The doctors are telling me that’s just not going to happen. So, to me, that says they should be recommending me for MEB. Am I wrong about that?
 
DoD ratings = based only on the disabilities for which you were referred to the board. In other words, what makes you possibly unfit for continued military service.

VA ratings = based on ALL service connected disabilities.

I certainly don't mind fielding your questions and those of others for that matter, but I recommend you read as much as you can about the entire IDES process and ratings...and potential benefits. I'll find a couple of recommended sources of info and post them later. Most of it, actually all, is already on this board. You can use the search button at upper right of the page to find things.

Good luck,
Ron
 
Ref: What are the Major Differences between DoD and VA Disability Benefits?

Information is at
this LINK <---

Ron
 
RonG said:
Re: TRICARE for Medical Retirees

See this LINK for TRICARE info <---

Ron
Click to expand...
Thank you for all of the resources. I guess I’m so early in the process that I wasn’t really think about benefits after separation. I just am unsure of what’s going to happen to me. I hope, if they deem me unfit for my rate, then they’ll just separate me entirely. I just read that PTSD is an automatic DoD 50% rating. Do you know if that’s true?
 
DeepSeaTexan said:
Thank you for all of the resources. I guess I’m so early in the process that I wasn’t really think about benefits after separation. I just am unsure of what’s going to happen to me. I hope, if they deem me unfit for my rate, then they’ll just separate me entirely. I just read that PTSD is an automatic DoD 50% rating. Do you know if that’s true?
Click to expand...
I know nothing about the DoD ratings, except how to compute retired pay, CRDP, and CRSC. I had a regular retirement (non-disability). However there are several people who are members of this forum who have that expertise. One or more should be able to answer your questions.

Good luck,
Ron
 
This shows examples: Combat Related Special Compensation; see Collection of CRSC Info <---LINK

Many valid CRSC cases do NOT involve being in a combat zone as you will see. In other words, it is not a firm requirement.

Ron
 
Combat-Related vs. Service-Connected (noncombat-related)
Some examples of CRSC combat-related situations (and corresponding required proof) vs. noncombat-related situations are as follows:

An excerpt:



Simulating WarCombat-RelatedService-Connected
Must be an incident or accident directly contributed to training
for combat
  • Twisted Knee jumping into foxhole
  • Broke arm at Leadership Reaction Course
  • Sprained ankle on tactical road march
  • Dislocated shoulder during Ranger training
  • Twisted knee stepping in hole while on duty
  • Broke arm playing football
  • Sprained ankle in motor pool
  • Dislocated shoulder during physical training
Hazardous ServiceCombat-RelatedService-Connected
Must be an incident or accident linked to hazardous service
  • Flight Duty – Sprained back in hard landing
  • Demolition Duty – Hearing loss due to explosion
  • Parachute Duty – Broke arm during bad PLF
  • Diving Duty – Ruptured eardrum on accent
Disabilities not caused by a specific incident or accident, or attributed to hazardous service by the VA or a Military Treatment Facility.
Instrumentality of WarCombat-RelatedService-Connected
An Instrument of war is a piece of equipment that is unique to the military and used in a
manner for which it is intended
  • Hand crushed by armored vehicle hatch
  • Shot in foot on firing range
  • Injured by shrapnel on grenade range
  • Broke back in civilian vehicle accident
  • Hand crushed while operating fork lift
  • Off-post weapon incident
Armed ConflictCombat-RelatedService-Connected

Injury must have occurred as a direct result of armed conflict.		-Any injury or condition for which a Purple Heart was awarded
  • Gunshot wound from enemy fire
  • Shell fragment wounds sustained in combat
  • Injuries from an aircraft being shot down
  • Wounds from an IED or terrorist bomb
  • Twisted ankle stepping in a hole while in a combat zone, but while not engaged in armed conflict.
  • Injured during a sporting event or recreational activity in a hostile area
  • Diseases of nature are not considered a result of armed conflict (i.e. heart disease, malaria, or high
blood pressure, Asthma, Gout or kidney Stones)
PresumptiveCombat-RelatedService-Connected
A condition that has been recognized by the Veteran’s Affairs as being presumptive
  • Diabetes Type II as presumptive for Agent Orange
  • Fibromyalgia as presumptive for the Gulf War
  • Leukemia as presumptive for radiation exposure
  • A non-presumptive condition that is secondary to a presumptive condition
- Conditions that are not on the recognized VA list as being presumptive
Ron
 
RonG said:
Combat-Related vs. Service-Connected (noncombat-related)
Some examples of CRSC combat-related situations (and corresponding required proof) vs. noncombat-related situations are as follows:

An excerpt:



Simulating WarCombat-RelatedService-Connected
Must be an incident or accident directly contributed to training
for combat
  • Twisted Knee jumping into foxhole
  • Broke arm at Leadership Reaction Course
  • Sprained ankle on tactical road march
  • Dislocated shoulder during Ranger training
  • Twisted knee stepping in hole while on duty
  • Broke arm playing football
  • Sprained ankle in motor pool
  • Dislocated shoulder during physical training
Hazardous ServiceCombat-RelatedService-Connected
Must be an incident or accident linked to hazardous service
  • Flight Duty – Sprained back in hard landing
  • Demolition Duty – Hearing loss due to explosion
  • Parachute Duty – Broke arm during bad PLF
  • Diving Duty – Ruptured eardrum on accent
Disabilities not caused by a specific incident or accident, or attributed to hazardous service by the VA or a Military Treatment Facility.
Instrumentality of WarCombat-RelatedService-Connected
An Instrument of war is a piece of equipment that is unique to the military and used in a
manner for which it is intended
  • Hand crushed by armored vehicle hatch
  • Shot in foot on firing range
  • Injured by shrapnel on grenade range
  • Broke back in civilian vehicle accident
  • Hand crushed while operating fork lift
  • Off-post weapon incident
Armed ConflictCombat-RelatedService-Connected

Injury must have occurred as a direct result of armed conflict.		-Any injury or condition for which a Purple Heart was awarded
  • Gunshot wound from enemy fire
  • Shell fragment wounds sustained in combat
  • Injuries from an aircraft being shot down
  • Wounds from an IED or terrorist bomb
  • Twisted ankle stepping in a hole while in a combat zone, but while not engaged in armed conflict.
  • Injured during a sporting event or recreational activity in a hostile area
  • Diseases of nature are not considered a result of armed conflict (i.e. heart disease, malaria, or high
blood pressure, Asthma, Gout or kidney Stones)
PresumptiveCombat-RelatedService-Connected
A condition that has been recognized by the Veteran’s Affairs as being presumptive
  • Diabetes Type II as presumptive for Agent Orange
  • Fibromyalgia as presumptive for the Gulf War
  • Leukemia as presumptive for radiation exposure
  • A non-presumptive condition that is secondary to a presumptive condition
- Conditions that are not on the recognized VA list as being presumptive
Ron
Click to expand...
Thanks for the information. I Had a concussion while working on a our dive boat in Mayport, FL and then developed PTSD when 3 of my students were killed in a terrorist attack in Pensacola a few months ago. Not really sure if that qualifies. Does it matter if the PTSD is combat or non-combat?
 
Recommend you apply if you feel you qualify. Approved cases have a nexus (direct association) with combat related circumstances as shown in the collection of info I provided.

Opinion: Developing PTSD as a result of something that happened to others at a location where you were not present is unlikely to be approved. You did not mention if you were present during the attack.


Ron
 
RonG said:
Recommend you apply if you feel you qualify. Approved cases have a nexus (direct association) with combat related circumstances as shown in the collection of info I provided.

Opinion: Developing PTSD as a result of something that happened to others at a location where you were not present is unlikely to be approved. You did not mention if you were present during the attack.


Ron
Click to expand...
I was 2 buildings over at the time of the shooting, about 1100 feet. Students were starting to trickle in. We opened up our doors screaming at people to run and come inside when we heard the gun shots. Eventually, about a third of the class arrived. One girl, in particular, escorted her friend to the branch clinic between us and the building where the shooting happened before coming to us. I’ll never forget the look of absolute terror on her face, the faces of the students whom we taught and are now dead, and the feeling of finally coming home to my wife and kids after a day of lockdown.
I’ve had a hard time accepting that this could be PTSD because I was not in the building where the attack happened at the time of the attack. However, I’ve had 6 doctors tell me it is PTSD and the sooner I get over the stigma, the sooner treatment will start to be effective for me.
 
I think you should apply...the worst case scenario is denial by the board.

I know of one case many years ago where a soldier saw a dead person. The cause of death was never stated online. Just dead. Apparently, just seeing the body of someone she did not know caused her to have PTSD. After years of appeals, etc., she was approved by the VA for PTSD @ xx%. I do not remember the actual percentage. She was not eligible for CRSC.

The case was well-discussed on a veterans site circa 2006.

Your case is dissimilar, but her case is worth mentioning to show the ratings by various agencies can be unpredictable.

Ron

I should add that if memory serves me, she had no knowledge of how the person died. It could have been a person who died of natural causes.
 
RonG said:
I think you should apply...the worst case scenario is denial by the board.

I know of one case many years ago where a soldier saw a dead person. The cause of death was never stated online. Just dead. Apparently, just seeing the body of someone she did not know caused her to have PTSD. After years of appeals, etc., she was approved by the VA for PTSD @ xx%. I do not remember the actual percentage. She was not eligible for CRSC.

The case was well-discussed on a veterans site circa 2006.

Your case is dissimilar, but her case is worth mentioning to show the ratings by various agencies can be unpredictable.

Ron

I should add that if memory serves me, she had no knowledge of how the person died. It could have been a person who died of natural causes.
Click to expand...
Well my psychiatrist thinks that the shooting just triggered mental instability caused from a previous concussion that I had. I think this is important because I’m a Navy Diver and had the concussion while on diving duty, which is considered a hazardous duty. According to the links you shared, an injury in hazardous duty qualifies for it as well. So that seems like 2 nexus-es to me. I’m not sure. I guess I can ask my PEBLO when I eventually get to that point in the process. Things seem to be moving slow right now
 
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