Submitting to Code 13 for change to "combat related"

S

Swimbs43

PEB Forum Regular Member
Registered Member
As the title says, I am submitting to Code 13 in order to have my non-combat related condition on my medical retirement changed to combat related.
I am a medically retired Marine. I was med boarded back in 2020-2021 and retired with 30% due to chronic migraines from TBIs sustained from IED blasts in a combat zone, specifically Afghanistan. I went through two TBI clinics at two different bases, treated with Botox for migraines, and several other evaluations. In the med board process my neurologist and commander both checked down the box for combat related. All my medical documentation for anything TBI related, or migraines, all state due to IEDs on deployments.
However, the med board official came back and stated that they could not determine if my "issue" was combat related. Due to conflicting information, specifically my post deployment health assessments where I stated "no" to any injuries sustained. Honestly, I don't remember doing those things after each deployment, and truthfully no one I know ever did those things correctly or answered them truthfully, because we just wanted to deploy again.
I have gathered my medical records, peb results, letters from friends who also were on the deployments and involved in the IED blasts, as well I am waiting on my previous neurologist who assigned me to the med board to complete a letter stating yes it should be combat related.

Has anyone had experience doing this? I just want to make sure I am gathering everything I need as well how the process might go, such as timeline, likelihood that the designation can change. Anything to help. I understand it has been a few years however, at the time I was not concerned with the designation. But now that I have secured a government position, I would really like not to give up my CRSC and have the best chance of maintaining what I have now if I chose to buy back my military towards civilian retirement.
 
Swimbs43 said:
As the title says, I am submitting to Code 13 in order to have my non-combat related condition on my medical retirement changed to combat related.
I am a medically retired Marine. I was med boarded back in 2020-2021 and retired with 30% due to chronic migraines from TBIs sustained from IED blasts in a combat zone, specifically Afghanistan. I went through two TBI clinics at two different bases, treated with Botox for migraines, and several other evaluations. In the med board process my neurologist and commander both checked down the box for combat related. All my medical documentation for anything TBI related, or migraines, all state due to IEDs on deployments.
However, the med board official came back and stated that they could not determine if my "issue" was combat related. Due to conflicting information, specifically my post deployment health assessments where I stated "no" to any injuries sustained. Honestly, I don't remember doing those things after each deployment, and truthfully no one I know ever did those things correctly or answered them truthfully, because we just wanted to deploy again.
I have gathered my medical records, peb results, letters from friends who also were on the deployments and involved in the IED blasts, as well I am waiting on my previous neurologist who assigned me to the med board to complete a letter stating yes it should be combat related.

Has anyone had experience doing this? I just want to make sure I am gathering everything I need as well how the process might go, such as timeline, likelihood that the designation can change. Anything to help. I understand it has been a few years however, at the time I was not concerned with the designation. But now that I have secured a government position, I would really like not to give up my CRSC and have the best chance of maintaining what I have now if I chose to buy back my military towards civilian retirement.
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Did you appeal while you where going through the medical retirement? If not, they won't approve you since you didn't fight it while serving. Also, you mention CRSC. A combat related finding by the PEB doesn't have any direct affect on CRSC. CRSC is designated by a completely different set of regulations. You can have the PEB find a condition combat related and the CRSC can deny it and vice versa. Don't get me wrong. A PEB designed combat related designation can help with trying to get CRSC as they review all information submitted but they are not bound by that finding to approve you for CRSC.
 
I did not appeal at the time. It wasn't a concern of mine and frankly wasn't even educated on the matter. But if you're saying they won't approve it then why would they even allow you to submit to code 13 to have the determination changed? That sounds completely ridiculous. Also with the CRSC that is regarding me taking a government position and if I want to buy back my time I would have to forfeit that pay in order to buy that time back for government retirement.
I called the code 13 office and the lady stated they appeal these regularly, specifically the annotation that the issue or injury was not combat related.
 
Swimbs43 said:
I did not appeal at the time. It wasn't a concern of mine and frankly wasn't even educated on the matter. But if you're saying they won't approve it then why would they even allow you to submit to code 13 to have the determination changed? That sounds completely ridiculous. Also with the CRSC that is regarding me taking a government position and if I want to buy back my time I would have to forfeit that pay in order to buy that time back for government retirement.
I called the code 13 office and the lady stated they appeal these regularly, specifically the annotation that the issue or injury was not combat related.
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Let me reword my last answer. Not appealing when you had the opportunity hurts your case. You are allowed to submit a request now. As far as CRSC even if approved they can not give you CRSC. If they make the change then you can appeal your CRSC claim with this new evidence.
 
I'm already receiving CRSC. I'm receiving it for plenty of other issues besides the main issue that I was med boarded for. So CRSC is not my concern. My only concern with it as of now is if I chose to buy back my service time towards government retirement, I would have to give it up. Which I do not want to do, because my med board paperwork does not say combat related.

So this is why I am inquiring about changing my designation to combat related. I spoke with Mr. Gateley and as of right now the only process would be to submit to BCNR. I just find it frustrating as to why they would not find my unfitting issue, which is chronic migraines from TBIs induced from ied blasts non combat related. Which in all my medical records, TBI clinics, and neurology reports they all state as such.

Now during my med board I was not entirely educated about this and was just happy to be med retired. But now moving into government, this is an issue without the combat related designation. So I reiterate, I am receiving CRSC for combat related issues that are not TBI or CHRONIC MIGRAINE related, which u was med boarded for. My question is not about the CRSC. It is about getting my med board determination to be combat related.
 
Swimbs43 said:
I'm already receiving CRSC. I'm receiving it for plenty of other issues besides the main issue that I was med boarded for. So CRSC is not my concern. My only concern with it as of now is if I chose to buy back my service time towards government retirement, I would have to give it up. Which I do not want to do, because my med board paperwork does not say combat related.

So this is why I am inquiring about changing my designation to combat related. I spoke with Mr. Gateley and as of right now the only process would be to submit to BCNR. I just find it frustrating as to why they would not find my unfitting issue, which is chronic migraines from TBIs induced from ied blasts non combat related. Which in all my medical records, TBI clinics, and neurology reports they all state as such.

Now during my med board I was not entirely educated about this and was just happy to be med retired. But now moving into government, this is an issue without the combat related designation. So I reiterate, I am receiving CRSC for combat related issues that are not TBI or CHRONIC MIGRAINE related, which u was med boarded for. My question is not about the CRSC. It is about getting my med board determination to be combat related.
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Look. It is what it is. a BCNR will be tough to win because you didn't challenge it while when you could have. You just concurred with the findings that it wasn't combat related. There is nothing more I can do to help. If you choose to try to get it changed it will be a long battle going through the BCNR route and in my opinion your chances are slim.
 
I get what you are saying, I think we might have had a disconnect through this thread. I was simply stating for the CRSC purposes that I due currently collect it. This whole thing is me gauging weather it is worth it to submit to the BCNR. I know I didn't fight it three years, being uneducated in this entire process and frankly just dumb. It's just frustrating being in this type of position, wishing PEBLOs were more active in someone's case then simply just submitting and saying hey man you got retired, not breaking everything down for future possibilities, etc. So, to fight for the BCNR is the question i suppose as of right now. Or I just start government service over with 4 hours of PTO, possibly 6 if they count my contracting time. Or give up my CRSC all together just to retire in 7-8 years and wait another 25+ years to collect retirement. I appreciate your insight, and thank you for making the time.
 
Swimbs43 said:
I get what you are saying, I think we might have had a disconnect through this thread. I was simply stating for the CRSC purposes that I due currently collect it. This whole thing is me gauging weather it is worth it to submit to the BCNR. I know I didn't fight it three years, being uneducated in this entire process and frankly just dumb. It's just frustrating being in this type of position, wishing PEBLOs were more active in someone's case then simply just submitting and saying hey man you got retired, not breaking everything down for future possibilities, etc. So, to fight for the BCNR is the question i suppose as of right now. Or I just start government service over with 4 hours of PTO, possibly 6 if they count my contracting time. Or give up my CRSC all together just to retire in 7-8 years and wait another 25+ years to collect retirement. I appreciate your insight, and thank you for making the time.
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I hear you. The PEBLO's only job is to be a paper pusher. Legal's only job is to be there if you want to utilize them or have any questions. You are not alone. That is why I have always advocate for hiring a dedicated private attorney. BTW, I am in the same boat. I concurred with findings and didn't challenge anything at PEB many years ago when it was LDES. My MEB said one thing and the PEB ruled the opposite of what my MEB stated. MEB stated permanently aggravated and PEB ruled opposite so I got out without severance or pension. I am not going to try to change something that is my own fault. I was ignorant at the time and I can only blame myself.
 
Following as I’m in a similar situation with the federal government.
USMC ;Med TDRL to PDRL receiving crsc.
Did not fight the findings, was fighting for my life to get past it all as the command was trying their hardest to burn me to the max.
 
following, similar situation too and 100% follow up, there's a cascade of things that potentially occur
- CHP 61 DOD PDRL / Unfit CMBT-LOD /
- VA didn't combat code > DFAS didn't combat code
Disability retirement being taxed, VA disability offsetting retired pay, crsc being denied, dependents indemnity compensation, CHP35 dependent education, dependents CHAMPVA,

combat disabled veteran medically retired
 
Code 13 Combat-related appeals are a uniquely Navy/USMC appeal mechanism in which one submits a brief with supporting exhibits to the Administrative Law Branch (Code 13) of Navy OJAG, specifically appealing either an adverse decision by the PEB on this issue or when you accepted your PEB fnidngs but wish to have a no-risk appeal of the combat-related issue without jeopardizing your PEB findings.

If granted, then Code 13 will send a transmittal to the Navy PEB directing them to issue new findings granting you the combat-related finding. While this process used to take between 2 and 4 months, it is now taking 6 months or more. For those who will ask about how this favorable decision would be implemented if you have already been medically retired, it is simply done through updating your DD-214 to reflect this fact, along with forwarding a copy of this decision to DFAS.

Procedural Note: very few people at DFAS know how to implement thes decisions and will blithely tell you to just apply for CRSC. While this finding is a great step toward receiving CRSC, the CRSC Board makes its own determinations, and you may have to appeal an adverse finding.

However, this abject lack of knowledge on the part of DFAS personnel regarding combat-related findings being exempt from Federal Income Tax Withholding will require you to forward them a copy of their own regulation to support your contention that your Chapter 61 retired pay (less VA Offset) should not be subject to withholding. For your convenience, I have attached a copy of this regulation below.

All the best,

Jack Gately
([email protected])
 

Attachments

You’ve got a strong case, your main hurdle is the discrepancy in post-deployment assessments, so your goal is to clearly override that with consistent medical and witness evidence. The “why” is simple: boards prioritize contemporaneous records, so you need nexus letters (neurologist) and buddy statements to firmly tie TBIs to IED events.
 
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