Army CRSC Briefing 30 Jan 08

[brianwl]

This is copied from a PowerPoint presentation I received.


Legislation Overview
• Designed to offset the VA disability compensation subtracted from retired pay

• The 2008 National Defense Authorization Act (NDAA) was signed into law on January 29, 2008.

• The NDAA expanded Combat-Related Special Compensation (CRSC) eligibility to include those who were medically retired under Chapter 61 with less than 20 years of service, effective January 1, 2008.

• A Chapter 61 retiree is anyone who was medically retired from military service.

• Chapter 61 is a new component for CRSC. Medically retired Veterans must still provide documentation that shows a causal link between a current VA disability and a combat-related event.

Other than YOS requirement for Ch 61, eligibility remains the same

• AC, RC, NG with 20 years of service or permanent medical retirement
• 10% or greater VA rated injury
• Receiving military retired pay
• Military retired pay is reduced by VA disability payments (VA Waiver)
• Combat Related is:
– Simulating War (SW)
– Hazardous Service (HS)
– Instrumentality of War (IN)
– Armed Conflict (AC)

Required Documentation

• Signed claim form
• Chapter 61 Board results
• ALL VA rating decisions which include the letter and the narrative summaries

• ALL DD214’s
• Medical records that support “HOW” the injury occurred for each claimed disability that meets the criteria for combat-related

DO NOT SEND ORIGIONAL PAPERWORK EXCEPT THE CLAIM FORM
Chpt. 61 Claims Processing

• We will not begin processing claims until the DoD provides program implementation instructions. Please continue to check our website for receipt of the DoD implementation instructions.

• Potentially eligible retirees can begin to gather the required documentation (VA rating decision, DD214, medical records) needed to submit their claim.

Eligible Claimants

• Chapter 61 claimants that opt for a severance package are not eligible since they are not receiving retired pay, therefore there is nothing to offset

• TERA Retirees were not included in the bill, although they are eligible for CRDP

• IU has never effected CRSC eligibility or award ratings, although it could effect payments through DFAS

Payment Amounts

• Payment amounts are determined by DFAS and are unique for each service member based on years of service, retirement pay, and more. If you have any questions regarding the amount payment, contact DFAS directly.

• 1-800-321-1080 or DFAS -- HOME
• Provided for FYI only – Bill language regarding payments:
…the amount of the payment under paragraph (1) for any month shall be reduced by the amount (if any) by which the amount of the member's retired pay under chapter 61 of this title exceeds the amount equal to 2 1/2 percent of the member's years of creditable service multiplied by the member's retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member

Discussion Notes

• Those who are medically retired must have at least a 30% disability. Those that leave service with 20% or less are considered medically separated and offered a severance package and are not eligible (since they are not receiving military retired pay).

• The DoD guidance for submitting a claim, documentation requirements, etc., along with the updated claim form (if required by DoD) will be e-mailed or mailed via USPS as soon as we have that information.

• IU, is not determined by CRSC and has no effect on the percentage of disability that is determined to be combat related. A retiree can apply for IU through the VA if he/she has a single disability of 60% or greater or a combined disability of 70% or greater. Questions re: IU should be directed to your local VA.

All VA Rating decisions and code sheets (if available) should be submitted with a CRSC claim

• For a copy of your Ch61 Board Record contact Archives: National Archives and Records Administration and fill out an SF180 or Form 21-4138 for your claims folder. Your VA Regional Office should also be able to get copies of medical records, etc.

• An updated Roster will be sent out on January 31.
• Your local Veterans’ Service Organization is a great resource for forms, etc.

• If a secondary condition is being claimed, make sure the VA rating decision has them listed as such. If it is not, the veteran will need a doctor’s letter from a military doctor, on VA or MTF letterhead, stating that the condition is in fact secondary to the combat-related disability.

• If a reconsideration is approved, can the veteran select CRSC or CRDP outside of open season (Jan 1-31) the way they can with an original application? ***We are waiting for confirmation from DFAS and may not get that until next week, but will keep you posted on that.

[Jason]

Good CRSC info, Brian. Thanks!

[damagedgoods]

Brian,

Excellent information. Please post any other updates you get. I am going to be passing this along to other veterans that I know.

Thanks,
Damagedgoods

[cacti6466]

i have a DA form 3713 -1 apr 71, data for retired pay. block 30 retired for disability caused by an instrumentality of war and incurred in the line of duty during a period of war. the box is left blank.

[Jason]

It seems they are saying your injuries were not combat-related. Is that true? If so, you may need to file a DD149 with Board for Correction of Military Records to update this.

[brianwl]

Originally Posted by cacti6466

i have a DA form 3713 -1 apr 71, data for retired pay. block 30 retired for disability caused by an instrumentality of war and incurred in the line of duty during a period of war. the box is left blank.

It doesn't matter.

What the folks at the CRSC want to see is all of your disabilities, not just the one(s) that you were put out on Ch61 for. They will make the determination which one's qualify for CRSC.

Also, make sure you spell out the circumstances surrounding the disability if needed.

On my application I put a cover letter on it spelling out everything. I was put out on Ch61 for bad knees, but my CRSC related disability is my MH issue because I grounded for it long before I was put out on Ch61.

[Jason]

Actually, brianwl is right that they don't need the PEB or DD214 in order to show combat related nature of injuries. Having it is good evidence, as is a Purple Heart, but not strictly neccesary.

Attached is the DD Form 2860 that you can use to file for CRSC.

[brianwl]

"All VA Rating decisions and code sheets (if available) should be submitted with a CRSC claim"

This is the key statement as far as I'm concerned. Many folks will short change themselves just like they do with their VA claims by second guessing what is needed for submittal.

[msk]

I have a quick question that someone here may be able to answer. I am in the PEB process - about to head to a final PEB (next week). However, since the CRSC law changed, I don't know if it is worth going to a final PEB. First, some background:

I was in a helicopter crash in May 2006, which is considered hazardous duty, and identified as such by the PEB. I broke my back and had open compound fractures of both tibias and fibulas. I have some serious ROM issues and chronic pain in both legs, as well as my back. Also, I have a non-union of my right fibula. The IPEB awarded me 30% for my right leg non-union and TDRL. The reconsideration added 10% for my Spinal Fusion (although it is by far the worst of my three injuries). I am going to the final PEB in an attempt to rate my left leg. However, the case for my left leg is very shaky as I do not have the same amount of ROM issues and a lot less medical evidence. So, its a long shot - I'm aiming for a 0% unfit rating for the left leg.

However, my question is whether or not the PEB is relevant any longer since I have already been found unfit and have a total rating of 40% ($1600/month). I have approximately 12 years on active duty and a retired base pay of about $4000. If I understand the language of the law, this equates to retired pension portion of about $1200 with the rest being considered disability and offsets the CRSC. Any amount over $1200 would reduce the CRSC entitlement by the offset amount. So, in essence, the most pension I can receive is $1200, which I've already surpassed with my current rating.

Basically, any increase over $1200 in my Chap 61 retirement will just offset CRSC and cancel it out? Do I understand this correctly? If so, are there any advantages to having a higher Chap 61 rating if nearly all of my VA disabilities will be considered combat related? Also, I am assuming the CRSC uses the VA disability amounts - is this correct?.


On another note, I want to thank Jason and the contributors to this forum. It has been an unbelievably valuable avenue to understanding the DES process. Thanks again for the great information and advice.

[brianwl]

Assuming you are awarded full CRSC you will receive $1200.00 tax free plus your VA Disability Compensation. Forget about your Ch61 pay, you'll never see it again whether you get CRSC or not.

With that said, TDRL will pay you the 50% rate until such time you are moved to PDRL or receive a severance.