Second Army -retirement/combat disability issues.

Ma Parker. Question up front. Is the DA 199 the documentation OPM and ABC-Civ are looking for to prove "in combat and line of duty"?

I was on an ARTEP training exercise back in 1982. I was working in Explosive Ordnance Disposal (EOD). We left our camp and went out to recon a chemical training site for the next days activities. In the process, we had a jeep roll over accident. I was retired medical from the Army at 60% in 1984. DA Form 199 in block 10C states "did result from a combat related injury as defined in 26 USC 104". It also indicates in block 8, in time of war, or national emergency. And- result of performing duty.

Since that time I have worked for the Army as a civilian. I got ready to retire and needed the 5.5 years of service. I paid the deposit. They sent a note back saying they "did not have documentation proving retired pay was on account of a service connected disability incurrened in combat or caused by an instrumentality of war and incurred in the line of duty during a period of war." They said, I would have to give up retirement check and process through the VA for the disability. Needless to say, processing through the VA is not a desired option. I would rather just keep my retirement check, and retire from Civilian Army.

Will they also need something stating we were on a ARTEP when the accident occurred. (medical records)

Can you help me?
 
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Did you ask them what specific documentation they are looking for?

I would think the 199 would suffice as proof/evidence. Your med retirement orders should state that you are combat related. Moreover, DFAS should have your retirement coded as nontaxable/combat related if you are so; thus, you would be able to get some documentation from them as evidence.

Do you receive CRSC? Do you not receive VA comp?
 
My medical retirement check from the Army is tax free. I played the VA game 30 years ago, to get a measily 20%. I only wanted that to get Voc Rehab from the GI Bill for college. I chose at that time to stick with the retirement check. This new CRSC stuff is new to me, and i'm learning about it now.

I tripped into this site, researching my own retirement situation. After calling ABC-Civ, and OPM "twice" with their mandatory 25 minute wait times, I was beginning to get frustrated. I kept calling, thinking I would get someone new, who would know something. Each time, I received a "un-knowing" employee giving the same message. They basically said, "put something in your OEF file, and we will review it". Each time, I asked for an expert in the matter to tell me what documentation they were looking for to approve me.

After reading some posts from MaParker concerning the DA 199 I started going through my files and found one. I also found a DA 3713 which states most of the same information. I took action yesterday to get these forms added to my OEF. I still don't have an expert, that could tell me that these are in fact are the proof I need to prove LOD, combat, instrument of war. I am also concerned about the term "with an enemy of the US"
 
It takes two months to get something added to your OEF for their review. I am hoping an expert will say, yes, thats what they are looking for. Therefore, I know that I can sit back and chill, until retirement. OR keep playing the VA game to increase disability.
 
Well, I don't think you will qualify for CRSC due to when you were medically retired but it is something worth looking into.

So what or why, exactly, do you need the 'combat related' designation for? I'm not understanding what you need it for.
 
The grammar is pretty much the same as other things concerning CSRS. See FERS handbook Chapter 22 as follows:
Section 22A3.1-3 Condition: Waiver of Military Retired Pay.

Generally, an employee must waive military retired pay in order to receive credit for military service in the computation of the FERS annuity 'unless' he or she is-- Receiving military retired pay awarded:
1. On account of a service connected disability incurred in combat with an enemy of the United States; or
2. On account of a service connected disability caused by an instrumentality of war and incurred in the line of duty during a period of war
 
So, yeh, your 199, retirement orders and statement from DFAS all stating 'combat related' should suffice. Beyond that, there's not really any other documentation that would exist (besides the actual medical records but I wouldn't turn those over) to show 'combat related'.
 
I've only got a copy of one of my DA 199's. The first one only offered 30% and left out two unrated criteria. I appealed that decision, and got it raised to 60% with the two other criteria. I don't have a copy of the second one. Do you happen to know-- How does one get a copy of that?
 
peanut4040 said:
I've only got a copy of one of my DA 199's. The first one only offered 30% and left out two unrated criteria. I appealed that decision, and got it raised to 60% with the two other criteria. I don't have a copy of the second one. Do you happen to know-- How does one get a copy of that?
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I would contact the PEB and ask what they do with their records. However, you should be able to use documentation from DFAS proving combat related status since your retirement is tax-free.
 
I went back to our local State VA office here to request help in getting copies. I "feel" like they don't really know much about their jobs. None of them so far have even heard of a DA Form 199. But that document seems to be an important one concerning Physical Evaluation Board s. Are they hiring vets with no training or something?
 
Unless you submitted a copy of your 199 as part of your medical record before you separated, I doubt the VA will have it on record. That's why I said to contact PEB and ask if they keep those on file.

Were you ever able to find out for sure what they are wanting to prove 'combat related'?
 
I went ahead and sent in a copy of the First DA 199 and the other form "?" to get them inserted into my Civilian Files. They told me it would take a month for the forms to be view-able at Ft Riley, Kansas in e-format. I plan to wait about a week and start the calling process again. That is when I can find out if the DA 199 is what they need for my own situation.

From the visit with the VA counselor. He recommended we request a copy of a "CI" file from the VA. He asertained, that is probably where a DA 199 would be found. Since the VA "supposedly" has a copy of all my medical records, I am hopeful that I will find it there. He also said, that will take approx a month.

Plan C- I am Listening to you. I don't know who the PEB is, or how I can contact them. My Medical Review was 30 years ago. I am open to suggestions.
 
What does PED and MED stand for?

I guess the only thing you can do at this point is to submit something from DFAS claiming combat related and to wait and see if the VA has copy of your 199...
 
PED is Physical Evaluation Board, (Proceedings)
MED is my mistake. Its supposed to stand for Medical Board Proceedings.

Yes, I've finally got through again to ABC-Civ. They requested I fax them the copies to add to retirement package.. This is on top of what they requested last week. Last week, it was get a copy added to my OEF file.
 
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