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NorthCoasty

Ptsd Meb/peb Crsc Help

Question

So I'm new, been searching everywhere and it seems most relevant information is on a case by case information. Any help would be greatly appreciated.

My situation:

Currently active duty less than 4 years of service. In the early stages of getting MEB, package hasn't been sent off yet. In past year there was incident on duty out at sea shots fired, and a death, i wasnt physically harmed but did develop PTSD and depression. The base doc sent me to the VA to get an assessment, VA initally said 30% confirmed PTSD, now in process of discharging me due to PTSD( over 6 months now), im fine with that. My life is completely different or at least I am.

I think VA doc said 30% for like longterm but there is absolutely no way I can function at work.

My questions:

1.If being medboarded out for PTSD is it an automatic 50%

2.Since my disability is directly related to duty and i would say probably (armed conflict?) would I qualify for CRSC, I'm in CG so not sure how that affects anything.

3. Since my situation is pretty clear cut should i worry about the military trying to lowball me at PEB, should i get a lawyer or is JAG sufficent.

Im sure I have plenty of other questions just wanted to learn as much a possible before it happens. I'm messed up, my marriage is struggling due to me being a wreck, I just want what Im entilted to.

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4 answers to this question

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if you are med boarded and the decision is to release you, you will be awarded 50% temporary. You will then be brought back for an additional evaluation for your mental condition between 6-9 months after getting out.

As for CRSC, actually that would depend on what exactly is written in your medical records. Also depends upon the incident where shots were fired. What was the cause of the shots? What was your duties/responsibilities during the shots fired?

Once your 199 is returned, you have 7 days to obtain an appointment with Jag so they can go over your claim with you. if you fell that you are not receiving what you should, the jag officer has a 38 CFR and will be able to tell you exactly what the VA used to make their determination.

Your case manager should have explained all this to you.

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Meg is right on the mark here with her advise.

I had forgotten the 50% Temp comp for PTSD,when MEBbed, and am glad she explained that.

As to CRSC, this is the eligibility criteria:

“Combat-Related Special Compensation Eligibility

The following CRSC eligibility requirements apply:

Retired veterans with combat-related injuries must meet all of the following criteria to apply for CRSC:
1. Active, Reserve with 20 years of creditable service or * Chapter 61 medically retired with less than 20 years.
2. Receiving military retired pay
3. Have 10% or greater VA rated injury
4. Military retired pay is reduced by VA disability payments (VA Waiver)

*CRSC Updates: The 2008 National Defense Authorization Act (NDAA) was signed into law on January 28, 2008. It expanded the eligibility of CRSC to include anyone recieving military retired pay. This includes: Medical Chapter 61, Temporary Early Retirement Act (TERA) and Temporary Disabled Retirement List (TDRL) retirees. These new eligible components for CRSC went into effect January 1, 2008. Medical and TERA retirees must still provide documentation that shows a causal link between a current VA disability and a combat related event.

AND? must be able to provide documentary evidence that your injury was a result of one of the following:

  • 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) “

http://www.military.com/benefits/military-pay/special-pay/combat-related-special-compensation.html

There is more info on both CRSC and CRDP at this link.

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Thanks very much! As far as possible combat related do you think this qualifies under any of those guidelines and which one? We were on patrol looking for a panga the helo had spotted, we found them they rammed our small boat which I wasn't on, shots were fired, 2 our guys knocked in the water one with massive head trauma, brought them back onboard, eventually made it back to land where he was pronounced dead.

Also put me on probation for weight gain(trying to work on it its struggle just to function) and not recommended for advancement after the incident, are those just easy way to kick me out before medboard goes through. Would I have any recourse?

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my own opinion, I don't think so, but you are more entitled to submit your claim to CRSC. Remember, you have to wait until you receive your rating back from VA to submit for CRSC. The CRSC has a separate list and the evaluation for this benefit is completely different from VA.

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