CRSC AND FIBROMYALGIA

I posted this in the Fibromyalgia forum also. I am thankful for any guidance anybody can give me on the following!
BLUF:
In order to receive CRSC, does the PEB or VA paperwork HAVE to say combat-related, or will the CRSC make their own determination as to being combat-related? According to United States Code, fibromyalgia is a presumptive condition due to service in Southwest Asia. I developed fibro shortly after (or maybe during) my deployment to Iraq.
DETAILS:
I received my ratings through the IDES process, 60% Army, 80% VA. I have been rated 40 percent by the VA for fibromyalgia. I have to answer by 16 July. I may want to appeal the fact it does not reflect fibromyalgia as combat-related.
Section V of my DA Form 199, dated 20140701, states, “The disability disposition is not based on disease or injury incurred in the line of duty in combat with an enemy of the UnitedStates and as a direct result of armed conflict....”.
I have read sections of Chapter 38 United States Code and sections of the VA website, in where they speak to certain chronic diseases, such as fibromyalgia, being connected to Gulf War service. I believe that my fibromyalgia should have been rated as combat related for the following reasons:
a. A Gulf War Veteran is defined, on the VA’s Gulf War Veterans page, as a Soldier “who served on active duty from August 2, 1990, to present”, qualifying me as a Gulf War Veteran.
b. Fibromyalgia being related to Gulf War Service is explained on the VA’s Public Health page, under Military Service Connection. Additionally, Gulf War connection for my disability is talked about on the VA’s Fibromyalgia page.
c. In accordance with the VA’s Compensation page, I meet the eligibility requirements for Gulf War connection.
d. 38 U.S. Code § 1112 (a)(1) states that any veteran who served for 90 days, during a period of war, with a chronic disease becoming manifest to a degree of 10% or more, shall be considered to have been incurred in or aggravated by such service.
e. 38 CFR 3.317 (a)(1)(i) explains that compensation for chronic illnesses, such as Fibromyalgia, will be paid by the VA IAW chapter 11, 38 U.S. Code, if the disease became manifest in the Southwest theater of operations, or to a degree of 10% or more, not later than December 31, 2016.
 
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Service connection is not necessarily combat related.

Combat related and combat zone are not one in the same.

You should apply for CSRC regardless. The only benefit you will never receive is the one you do not apply for.

Disabilities that may be considered combat related include injuries incurred as a direct result of:
  • Armed Conflict
  • Hazardous Duty
  • An Instrumentality of War
  • Simulated War
What you will need to do is draw a parallel between the FM and how it is related to the above.

Here are some examples:
  • Training that simulates war (e.g., exercises, field training)
  • Hazardous duty (e.g., flight, diving, parachute duty)
  • An instrumentality of war (e.g., combat vehicles, weapons, Agent Orange)
  • Armed conflict (e.g., gun shot wounds [Purple Heart], punji stick injuries)
 
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gsfowler said:
Service connection is not necessarily combat related.

Combat related and combat zone are not one in the same.

You should apply for CSRC regardless. The only benefit you will never receive is the one you do not apply for.

Disabilities that may be considered combat related include injuries incurred as a direct result of:
  • Armed Conflict
  • Hazardous Duty
  • An Instrumentality of War
  • Simulated War
What you will need to do is draw a parallel between the FM and how it is related to the above.

Here are some examples:
  • Training that simulates war (e.g., exercises, field training)
  • Hazardous duty (e.g., flight, diving, parachute duty)
  • An instrumentality of war (e.g., combat vehicles, weapons, Agent Orange)
  • Armed conflict (e.g., gun shot wounds [Purple Heart], punji stick injuries)
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Thank you for your reply GSFOWLER! 38 USC has already drawn the parallel for me by designating these chronic illnesses as presumtive and connected to armed conflict. However, my DA Form 199 says not related to.

I think that CRSC doesn't care what the VA or PEB says because they make there own determination anyway. In other words, the PEB/VA can say not combat-related and the CRSC can say it is and award the CRSC.

If that is the case, maybe it is not worth my time to appeal to have them change it to say combat related.
 
FIBRO2 said:
Thank you for your reply GSFOWLER! 38 USC has already drawn the parallel for me by designating these chronic illnesses as presumtive and connected to armed conflict. However, my DA Form 199 says not related to.

I think that CRSC doesn't care what the VA or PEB says because they make there own determination anyway. In other words, the PEB/VA can say not combat-related and the CRSC can say it is and award the CRSC.

If that is the case, maybe it is not worth my time to appeal to have them change it to say combat related.
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Apply regardless, however I think you will have an easier time drawing a parallel to FM and instrumentality of war, I cannot fathom how it can be connected to armed conflict (armed conflict typically implies bullet wounds, shrapnel from IED or mortar round, hand to hand combat with the enemy, burns from explosions)

Since Agent Orange has been tied to instrumentality of war, perhaps whatever the VA considers the parallel between FM and service connection may be an instrumentality of war. I do not have enough information myself to draw a parallel and would have to research how and why Gulf War Vets are getting FM.
 
FIBRO2 said:
I posted this in the Fibromyalgia forum also. I am thankful for any guidance anybody can give me on the following!
BLUF:
In order to receive CRSC, does the PEB or VA paperwork HAVE to say combat-related, or will the CRSC make their own determination as to being combat-related? According to United States Code, fibromyalgia is a presumptive condition due to service in Southwest Asia. I developed fibro shortly after (or maybe during) my deployment to Iraq.
DETAILS:
I received my ratings through the IDES process, 60% Army, 80% VA. I have been rated 40 percent by the VA for fibromyalgia. I have to answer by 16 July. I may want to appeal the fact it does not reflect fibromyalgia as combat-related.
Section V of my DA Form 199, dated 20140701, states, “The disability disposition is not based on disease or injury incurred in the line of duty in combat with an enemy of the UnitedStates and as a direct result of armed conflict....”.
I have read sections of Chapter 38 United States Code and sections of the VA website, in where they speak to certain chronic diseases, such as fibromyalgia, being connected to Gulf War service. I believe that my fibromyalgia should have been rated as combat related for the following reasons:
a. A Gulf War Veteran is defined, on the VA’s Gulf War Veterans page, as a Soldier “who served on active duty from August 2, 1990, to present”, qualifying me as a Gulf War Veteran.
b. Fibromyalgia being related to Gulf War Service is explained on the VA’s Public Health page, under Military Service Connection. Additionally, Gulf War connection for my disability is talked about on the VA’s Fibromyalgia page.
c. In accordance with the VA’s Compensation page, I meet the eligibility requirements for Gulf War connection.
d. 38 U.S. Code § 1112 (a)(1) states that any veteran who served for 90 days, during a period of war, with a chronic disease becoming manifest to a degree of 10% or more, shall be considered to have been incurred in or aggravated by such service.
e. 38 CFR 3.317 (a)(1)(i) explains that compensation for chronic illnesses, such as Fibromyalgia, will be paid by the VA IAW chapter 11, 38 U.S. Code, if the disease became manifest in the Southwest theater of operations, or to a degree of 10% or more, not later than December 31, 2016.
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FIBRO2 said:
...I think that CRSC doesn't care what the VA or PEB says because they make there own determination anyway. In other words, the PEB/VA can say not combat-related and the CRSC can say it is and award the CRSC.

If that is the case, maybe it is not worth my time to appeal to have them change it to say combat related.
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Welcome to the PEB Forum! :)

Indeed, each military branch of DoD shall make their own determination as to the validity of any potential CRSC award!

That said, you should ask yourself "exactly what benefits are gained from appealing a non combat-related determination" by the USAPDA PEB?

For certain, a "combat-related" determination by the PEB shall definitely assist the US Army to validate a combat-related determination for any potential award of a CRSC application.

In retrospect, my stance is to never default acceptance to potential injustice; fight then continue to fight some more until receipt of your desired expectations supported by medical evidence while in the DoD IDES MEB/PEB process! Take care!

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

Best Wishes!
 
What was the final result on this? I am quite curious as it may impact my case.

Thanks,

-lance
 
FIBRO2:

Disabilities that may be considered combat related include injuries incurred as a direct result of:
  • Armed Conflict
  • Hazardous Duty
  • An Instrumentality of War
  • Simulated War
 
FIBRO:
Disabilities that may be considered combat related include injuries incurred as a direct result of:
  • Armed Conflict
  • Hazardous Duty (This should have qualified us or why else would we be getting the HD Pay!)
  • An Instrumentality of War (This Is A "No Brainer"!)
  • Simulated War (Exercises Done at qualified locations. This is also a "No Brainer")
 
gsfowler said:
Service connection is not necessarily combat related.

Combat related and combat zone are not one in the same.

You should apply for CSRC regardless. The only benefit you will never receive is the one you do not apply for.

Disabilities that may be considered combat related include injuries incurred as a direct result of:
  • Armed Conflict
  • Hazardous Duty
  • An Instrumentality of War
  • Simulated War
What you will need to do is draw a parallel between the FM and how it is related to the above.

Here are some examples:
  • Training that simulates war (e.g., exercises, field training)
  • Hazardous duty (e.g., flight, diving, parachute duty)
  • An instrumentality of war (e.g., combat vehicles, weapons, Agent Orange)
  • Armed conflict (e.g., gun shot wounds [Purple Heart], punji stick injuries)
Click to expand...
I do propose another question for you. I was diagnosed On Active Duty at 18 1/2 years. I was blessed to have a good flight doc who looked at the number of Airmen from all different job positions at our base- and he sent the medical records to San Antonio to be reviewed. From what I remember the Flight Doc's nurse stating was that the 'combination of pre-deployment and concurrent immunizations' lead to diagnosis of Fibro, Chronic Pain and CFS.

With that being said- The VA has conveniently lost my medical records on BLUE BUTTON to pull that line in my records. I have 5 volumes of records at home- but I do not understand how they are arranged. Not in chronological order and I'm lost trying to find it again. I had also read an Article in 2015ish from the National Board of Immunizations that linked immunizations to Fibro with 9/11.

Has anyone else had documentation of the connection with Fibro and Immunizations? I am fighting the AF for CRSC - and I want to ensure that the connections are made. So much of the CRAP I live with now stems from Fibro. It is more than a 40% VA claim. Seriously more!!
 
Immunizations no, but all your pain every where? Your parasthesia? Your CFS? All that can be claimed with the VA as secondary to your fibro. You cannot pyramid your CFS and fibro but they will pick the higher of the to and CFS can be 60% or 100% by itself. Anything that you feel is connected to your Fibromyagia you should claim with the VA. It may take some time but your rating can be bumped up.

Source: me with 100% P&T VA rating that started with a 40% Fibro. Over 35 rated conditions.
 
I believe the guidelines for CRSC approval of presumptive conditions, and only presumptive conditions, is that the VA has to determine they are presumptive (toxic exposure) for the rated condition before it's can be considered by the CRSC reviewer. This is where what the VA says can make or break an approval of a presumptive condition. That may be why you got denied. After reading many threads of vets getting denied for presumptive conditions I realized most of them weren't listed as presumptive by the VA because they had been rated years ago. I talked my husband into submitting a supplementary claim with a statement of support of claim and supporting documentation and requested the VA to review specific rated conditions to determine if they were presumptive toxic exposure Southwest Asia. He requested the narratives of those conditions state presumptive toxic exposure Southeast Asia. He requested rate increases for those that where underrated and also submitted a new claim listing all secondary conditions related to the presumptive conditions. He had to go through the whole rating process but the VA changed his narratives and listed them as presumptive combat toxic exposure Southwest Asia along with the secondary conditions. Once they changed his narratives stating presumptive toxic exposure it was no problem getting him approved. The only hiccup I ran into was Rheumatoid arthritis. I think even though the VA determined its as caused by Toxic Exposure Southwest Asia, it is not on the presumptive list outlined by the law. But within that law the VA can used their discretion about the presumptive conclusion for illnesses outside the list but I think HRC needs the C&P examination doctor's notes drawling the nexus in order for CRSC approval. I'm sure if you talk with a decent VSO there is a much quicker process or a specific form and way to change the narrative and coding to reflect presumptive without opening a claim. I could never find that out no matter how many VSO's I talk to so after the last guy we spoke to was such an asshole laughing at us we had to do it the hard way. Your Fibromyalgia should be approved once it's determined presumptive. It's in the law.
 
What is hard to suss out and figure out the "right" answer is that the original post was from ten years ago.

So, the more recent posts may not be tracking the difference between the law (and what the military branches did, regardless of the law) back then vice now.
maggie0298 said:
VA has to determine they are presumptive (toxic exposure) for the rated condition before it's can be considered by the CRSC reviewer. This is where what the VA says can make or break an approval of a presumptive condition.
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This piece has me a bit confused. The PEB makes a determination of "combat-related" findings. This finding makes the military retirement disposition tax-free and qualifies the retiree for Federal Civil Service "points." The specific military branch then can grant (or deny) CRSC. Not quite sure what step of this really involves a decision by the VA (except for the fact that there has to be a VA disability rating to "restore" from offset of military retirement compensation.
 
However, if it helps, it seems that the Military Departments are not treating PACT Act presumptive conditions the same as what the VA "rules" say.
 
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