Anyone in here have any luck with updated combat code?

ksteele1985

PEB Forum Veteran
Registered Member
#1
My husband developed PTSD due to combat and it is in all his medical records about the experiences and events in Afghanistan. Even in his report of outpatient MEB it mentions he deployed his job was a convoy dismount and his time there was kinetic and he experienced frequent reminders that he came very close to killing a child. His VA Rating letter states COMBAT Related as well as on Ebenefits. While he was in therapy during his time in service all his records state he was processing combat traumas. It states in one note he was 20-30 meters from an IED when it exploded killing a Marine and other experiences. During a convey they were nearly hit with 50 Cal fire. I am wondering if any of this information could be helpful in getting him a combat code granted? All these records were in service by BH provider. When we were both getting out of service I know he spoke to a lawyer and he was going to work on this for him but I got no clue what happened just that it was never done so we are wondering since he is ready can we do this now?
 

Warrior644

PEB Forum Veteran
Registered Member
#2
My husband developed PTSD due to combat and it is in all his medical records about the experiences and events in Afghanistan. Even in his report of outpatient MEB it mentions he deployed his job was a convoy dismount and his time there was kinetic and he experienced frequent reminders that he came very close to killing a child. His VA Rating letter states COMBAT Related as well as on Ebenefits. While he was in therapy during his time in service all his records state he was processing combat traumas. It states in one note he was 20-30 meters from an IED when it exploded killing a Marine and other experiences. During a convey they were nearly hit with 50 Cal fire. I am wondering if any of this information could be helpful in getting him a combat code granted? All these records were in service by BH provider. When we were both getting out of service I know he spoke to a lawyer and he was going to work on this for him but I got no clue what happened just that it was never done so we are wondering since he is ready can we do this now?
Hmm, when you say "updated combat code" what do you exactly mean? As such, I am trying to obtain a more in-depth understanding of your inquiry.

That is, are you asking if he should now submit a CRSC claim via his military branch of service at this particular point in time? Or, are you asking how to amend his DoD IDES PEB findings now to reflect a combat-related injury at this particular point in time? Or, is it totally something else?

Moreover, is your husband currently on TDRL, PDRL or received a DSWP from completion of the DoD IDES process?

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

Best Wishes!
 

ksteele1985

PEB Forum Veteran
Registered Member
#3
Hello,
We are asking for both the CRSC and DoD IDES Combat code.
When he was getting out through the IDES process he met with a JAG attorney on base and he was suppose to write a letter up requesting it be changed but we never heard anything about it and he was so ready to leave the service he didn't want to do any follow through at the time.

As far as CRSC we applied for it once he was ready and it was denied because his combat code for PTSD states was not combat but in all of his medical from in service and in VA medical notes post service the notes all state that PTSD due to combat traumas and events and that was what he went to mental health for in service and out of service at the VA, we have not submitted for a reconsideration for PTSD with all these medical documentations. Should we request his combat code be up dated by the DoD PEB? Or resubmit to DoD for CRSC with the medical documentation? In his VA records next to PTSD it states incurred in combat, but the DoD doesn't recognizes it as they have different criteria for incurred in combat is my understanding.

He had his 1st TDRL evaluation and they tried to give him a medical separation, we found out the PEB was never given all medical documentation we sent up via HQMC and in our reconsideration we requested they reevaluate his combat code as his injury was combat related due to his deployment. We heard nothing back regarding his combat code, but they left him on TDRL. He has recently had his 2nd TDRL evaluation recently and we are waiting to see what the out come of that is. I was not with him his mother was but my husband told me the doctor basically attacked him for drinking and asked nothing or knew nothing about his history at Bethesda he said the doctor told him he needs to seek treatment at the VA and that if he didn't want to he didn't need to say anything to her, but he did speak to her about some things and said she had no clue. So only time will tell what they PEB decision will be this go around.
 

Warrior644

PEB Forum Veteran
Registered Member
#4
Hello,
We are asking for both the CRSC and DoD IDES Combat code.
When he was getting out through the IDES process he met with a JAG attorney on base and he was suppose to write a letter up requesting it be changed but we never heard anything about it and he was so ready to leave the service he didn't want to do any follow through at the time.

As far as CRSC we applied for it once he was ready and it was denied because his combat code for PTSD states was not combat but in all of his medical from in service and in VA medical notes post service the notes all state that PTSD due to combat traumas and events and that was what he went to mental health for in service and out of service at the VA, we have not submitted for a reconsideration for PTSD with all these medical documentations. Should we request his combat code be up dated by the DoD PEB? Or resubmit to DoD for CRSC with the medical documentation? In his VA records next to PTSD it states incurred in combat, but the DoD doesn't recognizes it as they have different criteria for incurred in combat is my understanding.

He had his 1st TDRL evaluation and they tried to give him a medical separation, we found out the PEB was never given all medical documentation we sent up via HQMC and in our reconsideration we requested they reevaluate his combat code as his injury was combat related due to his deployment. We heard nothing back regarding his combat code, but they left him on TDRL. He has recently had his 2nd TDRL evaluation recently and we are waiting to see what the out come of that is. I was not with him his mother was but my husband told me the doctor basically attacked him for drinking and asked nothing or knew nothing about his history at Bethesda he said the doctor told him he needs to seek treatment at the VA and that if he didn't want to he didn't need to say anything to her, but he did speak to her about some things and said she had no clue. So only time will tell what they PEB decision will be this go around.
Hello,

Okay, I believe I have a better comprehension of your husband's situation; thanks!

Since all of my experiences with the DoD IDES MEB/PEB process, and DoD LDES PEB process from placement onto the DoD TDRL are via an U.S. Army perspective, I am not able to provide sound insightful feedback in reference to your husband's combat code for PTSD as applicable to the HQMC policies, regulations and/or guidelines.

As such, I could offer my own experiences with PTSD being considered as a combat-related injury from the PEB when in the DoD IDES process albeit it would be from an U.S. Army perspective. Therefore, those experiences probably won't provide any helpful feedback unfortunately at least in my opinion.

Indeed, you raised a very good question in that while on DoD military TDRL, can the DoD LDES PEB also make a combat-related injury determination finding? It's already known that the PEB/IPEB from the DoD IDES process shall also make combat-related injury determinations, but I haven't any knowledge about the DoD LDES PEB's role (via TDRL re-evaluations) to be capable of making or authorized to make combat-related injury determinations also.

With that all said, maybe @Jason Perry, @Matt Kozyra, and/or other PEB Forum members with targeted knowledge and experiences could potentially offer their feedback so that you could have a better way ahead approach to tackle your husband's particular "combat code for PTSD" situation. To any extent, please continue to fight until the very end; that's what I did until placement onto the DoD PDRL with favorable results! Take care!

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

Best Wishes!
 

Matt Kozyra

PEB Forum Veteran
Registered Member
#5
So, there's a whole mess of good news for you on this one. The first is that the PEB is absolutely able to make a combat-related or combat-zone (CR/CZ) determination on TDRL reevaluation. In fact, there's a section of the SECNAV Instruction that the Marine Corps Board is required to follow which says that the PEB is allowed to give a CR/CZ designation on TDRL reevaluation, but is not allowed to take one away if he previously had one.

Now, the reality is that they don't typically change the CR/CZ determination one way or the other on TDRL reevaluation. They're allowed to, but they normally don't.

The other good news is that the PEB isn't the only organization who's able to do that. There's a branch of the Office of the Judge Advocate General, OJAG Code 13, that is also able to make CR/CZ determinations. They're located at the Pentagon, and it's just two guys up there who make the decisions. One's an attorney, former Navy JAG, good guy. The other's a retired Marine paralegal, who is absolutely awesome. Loves his brother Marines to death.

You can submit a Code 13 appeal instead of appealing your IPEB results, or in addition to appealing your IPEB results. It's a totally separate process. We have a lot of luck at Code 13; in fact, in my time as a Formal Board attorney, I don't think I ever lost a Code 13 appeal.

Your detailed government lawyer can file that appeal for you. The Navy and Marine Corps are currently farming out all of the Code 13 appeals to a dedicated team of Reservists who handles them exclusively. They're very good. That lawyer is going to want to see evidence that you served in combat. That includes write-ups from any CAR or valorous awards, any combat FITREPs, buddy statements, etc. etc. Anything you've got showing that he served in a combat role.
 

Warrior644

PEB Forum Veteran
Registered Member
#6
@Matt Kozyra,

Indeed, this is definitely excellent news for sure! :D

As such, thanks for providing sound insightful feedback to the OP as well to others who may have a similar USN/USMC CR/CZ situation! :) Take care! :cool:

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

Best Wishes!
 

ksteele1985

PEB Forum Veteran
Registered Member
#7
Thank you so much for all this information. On the bright side we got my husbands results back from his second TDRL reevaluation they are placing him on PDRL and lowered him from 50% to 30% DoD side, but on VA side he is 70% for his PTSD he went from 50% to 70%. The WWR DISC is telling us to sign he is good it doesn't mean anything since he is getting his VA pay in lieu of DoD retirement. Any insight?
 

Warrior644

PEB Forum Veteran
Registered Member
#8
Thank you so much for all this information. On the bright side we got my husbands results back from his second TDRL reevaluation they are placing him on PDRL and lowered him from 50% to 30% DoD side, but on VA side he is 70% for his PTSD he went from 50% to 70%. The WWR DISC is telling us to sign he is good it doesn't mean anything since he is getting his VA pay in lieu of DoD retirement. Any insight?
Indeed, I would agree if your husband's DoVA disability compensation is higher than his DoD (USMC) disability retirement pay, and if he isn't' eligible for DFAS CRDP.

Nonetheless, congratulations on the TDRL IPEB findings with a recommendation for placement onto the DoD military PDRL! Take care, enjoy and happy 4th of July!

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

Best Wishes!
 
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