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Bull

PEB Forum Regular Member
Registered Member
My husband was medically retired on 01/2014 with a permanent physical disability and a rating of 50%. My husband occurred a back injury while deployed for Operation Iraqi Freedom . He was injured while carrying a 50 Cal, wearing his Kevlar and helmet. This injury also caused him to have stomach issues as he medicated with Tylenol and ibuprofen which in turn messed up his stomach. I feel he also has ptsd but he will NOT claim it. He is not the same man that left when deployed, he came back broken.

The Orders to medically retire him state that under :

1. "Disability is based on injury or disease received in LOD as a direct result of Armed Conflict or caused by an instrumentality of war and incurred in the LOD during a war period as defined by law"

It states this is a NO.

2. "
Disability resulted from a combat related injury as defined in 26 USC 204": NO


We feel because he was at OIF his injury was caused by an instumentality of war but they say NO. Not sure what "combat related injury" means . If that statement was changed to a "YES" would his percentage of disability be safe and would he qualify for other benefits if the #1 statement above was a "YES".

Should we pursue getting it changed to "yes" ? We do not have the funds to hire a lawyer but thought maybe we could get help from a VSP.

Any help or direction would abe appreciated!
THANK YOU ALL FOR YOUR SELFLESS SERVICE! I ADMIRE YOU ALL!
 

RonG

Super Moderator
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PEB Forum Veteran
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Hello,

How does the VA characterize those disabilities? Probably the same, but it warrants review.

See the initial VA award letter which shows the percentages (and narrative) for service connected disabilities.

Note: Not all disabilities that occur in a combat zone are considered combat related.

Ron
 

Bull

PEB Forum Regular Member
Registered Member
Hello,

How does the VA characterize those disabilities? Probably the same, but it warrants review.

See the initial VA award letter which shows the percentages (and narrative) for service connected disabilities.

Note: Not all disabilities that occur in a combat zone are considered combat related.

Ron
He has a VA rating of 80% . I feel a few of his conditions have become worse. He is in constant pain 24/7.
 

RonG

Super Moderator
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PEB Forum Veteran
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Re: "He has a VA rating of 80% . I feel a few of his conditions have become worse. He is in constant pain 24/7. "

What are the combat related remarks, if any? How did the VA characterize those disabilities (not percentages)?

Please see your forum mail box.

Ron
 

Bull

PEB Forum Regular Member
Registered Member
Re: "He has a VA rating of 80% . I feel a few of his conditions have become worse. He is in constant pain 24/7. "

What are the combat related remarks, if any? How did the VA characterize those disabilities (not percentages)?

Please see your forum mail box.

Ron
They are characterized as service connected. There are no combat related remarks.
 

Bull

PEB Forum Regular Member
Registered Member
We feel that at least the f statement should be a "YES" -
"Disability is based on injury or disease received in LOD as a direct result of Armed Conflict or caused by an instrumentality of war and incurred in the LOD during a war period as defined by law"
It states this is a
NO.

I think it would help us apply for CRSC
 

RonG

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
If the VA award stated "Yes" then it would have facilitated the approval of CRSC.

The items that would require repair are two and possibly more. In my opinion, the VA award letter/determination is the most important document in a CRSC application.

I suspect an application for correction to military records would be required for the orders to be changed; however, the personnel office did not pull that determination out of the air. There was a medical basis/determination for their characterization.

The VA award would require a change as well. That would be secondary to the correction to military records for your orders.

I suspect you will need an attorney to assist you in this complicated case. I offered some advice in the private message I sent to you.

Jason Perry, the site owner, is an excellent attorney.

Ron
 

RaiderX

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I am going to throw a few things out there. First the CRSC definition is different then the VA\Disability definition of combat related, if he has a copy of the LOD and medical paperwork associated with the injury? Second, has he registered with the Gulf War/Burn Pit Registry? Third, you mentioned stomach issues. If they started during or after his return from Iraq, it may be some thing else as well related to gulf war/OIF and not the meds. The link below has the conditions that my be linked.
If this is all the case apply for the added conditions to the VA and an upgrade, once complete then apply for CSRC with the added conditions if approved and let HRC decide. they are taking about 20 days per case at the moment.
 

RonG

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
I agree with raising the flag and see who salutes (i.e., file an application etc.).

Related:

“Qualifying Disability Ratings (Percentages)
A. A member must be entitled to compensation for service-connected disabilities under 38 U.S.C., as rated by the VA. The rating must be awarded prior to the member’s date of death.
B. Disability ratings by the Secretary of the Military Department concerned (or designee), as of the date on which the member retired, may be used to help make determinations of whether the member meets preliminary CRSC criteria. The actual computation of the amount of CRSC payable to an eligible retiree is based solely on VA disability determinations and the amount of VA compensation paid, without regard to any disability that is not combat-related. Military retirement decisions may be used to determine whether such disabilities are combat- related.”
Ref: 630404. DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 63

Ron
 

Guardguy11

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
@Bull , I know it is a bit of a sticker shock seeing how much attorneys cost for this stuff. I would highly consider you at least consult Jason Perry (800-576-5648) to see what he can do for your situation. The consulations are typically very low in cost (under $500), but the overall benefit should be financially beneifical in the end.

Best of luck!
 
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