The military makes the combat related determination but the amount of VA pay for those conditions drives the amount of CRSC received. CRSC replaces LOS based retirement offset by VA compensation for combat related conditions. Clear as mud.

So the PEB has deemed your 50% unfitting condition combat related. I assume the Army CRSC authorities of the Army will follow suit when you apply for CRSC. It is possible for you to have other conditions not found unfitting by the PEB (or even considered by the DES) that are compensated by the VA that the Army CRSC authorities will also deem combat related. All your combat related conditions are factored into your CRSC determinations regardless if they were found unfitting or even part of your MEB/PEB.

CRSC is limited in three areas. It can't exceed your LOS retirement amount nor can it exceed the amount of compensation by the VA for combat related conditions which are legitimate constraints of CRSC law. In some cases, CRSC can also be limited by the CRSC glitch which is not a legitimate constraint.

So, with the information posted above and what the VA pays you for a 50% rated condition (assuming the VA rates the condition at 50% as well), I can figure your CRSC amount. I assume this is the only combat related condition you have and the VA rates it at 50%. I am also using your current AD pay of $4,740. I need to use your high three retirement amount which will be less – a lot less if you have been promoted in the last three years and/or have had YOS based pay increases. High three retirement amount = highest 36 months of base pay divided by 36.

Assuming a VA single rate with no dependents (and a boat load of other assumptions), the numbers look as follows:

1. Total amount of DoD disability retirement: $2,370 (50% of $4,740)

2. Minus DoD retirement amount based on years of service: $1,363 ($4,740 x 28.75%*)

3. Equals DoD "Disability Compensation": $1,007

4. Amount of VA compensation due for combat related disabilities: $770

5. Minus DoD "Disability Compensation” (line 3): ($-237)

6. Equals Maximum CRSC amount: $0

*2.5% per year x 11.5 years active duty

So, using the numbers and assumptions outlined above you will not get any CRSC. Are you a victim of the glitch? No.

CRSC is designed to replace your LOS based retirement offset by VA compensation for combat related conditions. Under concurrent receipt, you should get an amount (between DoD and the VA) that is at least the total of your VA and your retirement based on LOS. With a 50% VA single rate, your VA is $770 and your LOS retirement is $1,363 for a total of $2,133. However, your DoD retirement of $2,370 exceeds this amount by $237. You are a minority case where you get more in DoD disability retirement than your total VA and your LOS based retirement amount. (Again, based on a boat load of assumptions)

As the assumptions turn into hard facts and numbers, the truth will likely change. The key information that is still based on assumptions is:

Your high three retirement amount

Your total VA rating and compensation

The amount of VA compensation that will be deemed combat related by Army CRSC officials. (Although unlikely, the Army CRSC officials could disagree with the PEB combat related determination.)

Do you have a VA rating yet?

Mike