Hello,

smith6769

Registered Member
#1
I was wondering if anyone has ever seen a CRSC app get approved for diabetes? Also, is anyone familiar with the manuals used to rate/approve/disapprove CRSC conditions?

If you do have anything useful would you please email me or share it here.

[email protected]

Thank you in advance
 

RonG

PEB Forum Veteran
Registered Member
#2
For Vietnam veterans, diabetes II is presumptively caused by exposure to herbicides such as Agent Orange. It was one of my disabilities approved for CRSC .

Per DFAS (and most have already seen this):
Disabilities that may be considered combat related include injuries incurred as a direct result of:

—Armed Conflict
—Hazardous Duty
—An Instrumentality of War
—Simulated War

I have never seen an instruction manual for making those determinations.

Each service has a CRSC web site and examples of valid and invalid applications are
shown within the pages. Recommend the Army’s page.

Ron
 

smith6769

Registered Member
#3
For Vietnam veterans, diabetes II is presumptively caused by exposure to herbicides such as Agent Orange. It was one of my disabilities approved for CRSC .

Per DFAS (and most have already seen this):
Disabilities that may be considered combat related include injuries incurred as a direct result of:

—Armed Conflict
—Hazardous Duty
—An Instrumentality of War
—Simulated War

I have never seen an instruction manual for making those determinations.

Each service has a CRSC web site and examples of valid and invalid applications are
shown within the pages. Recommend the Army’s page.

Ron
Thank you for the quick response. What is this army page you speak of and I think I'm using the incorrect verbiage. Like the VA use manuals and the CFR to rate I'm trying to determine what the board uses to rate the disabilities applied for by veterans.
 

RonG

PEB Forum Veteran
Registered Member
#4
See the links within https://www.hrc.army.mil/content/CRSC Contact Us

All my CRSC approved disabilities received the same percentage that they received from the VA. Combined percentages are computed in the same manner as the VA. See the VA web site for additional info on combined ratings. Google will lead you to it as it will to other service CRSC sites.

Chapter 61 retirees with less than 20 yrs AD receive the LESSER of
a. Dollar amount of longevity portion of retired pay
OR
b. Dollar amount of the CRSC percentage/ rate approved by their service. That percentage is the same as the VA comp rate shown in the VA comp tables.

CRSC will be reduced by any left over (residual) Retired Pay after the VA Offset/waiver.

Ron
 

smith6769

Registered Member
#5
See the links within https://www.hrc.army.mil/content/CRSC Contact Us

All my CRSC approved disabilities received the same percentage that they received from the VA. Combined percentages are computed in the same manner as the VA. See the VA web site for additional info on combined ratings. Google will lead you to it as it will to other service CRSC sites.

Chapter 61 retirees with less than 20 yrs AD receive the LESSER of
a. Dollar amount of longevity portion of retired pay
OR
b. Dollar amount of the CRSC percentage/ rate approved by their service. That percentage is the same as the VA comp rate shown in the VA comp tables.

CRSC will be reduced by any left over (residual) Retired Pay after the VA Offset/waiver.

Ron
Oh okay I really appreciate the feedback. I'm 100% SC but I don't receive retirement because my VA comp was higher than my retirement
 

gsfowler

Staff Member
PEB Forum Veteran
#6
Your branch of service does not "rate" a condition for the purpose of CRSC determination. They use the established rating that is derived from the VA C&P examination (38 CFR Book C).

Your branch of service does make a determination as to whether or not each individual condition meets the guidelines for CRSC based upon the established definition in P.L. 107-314, sec. 636 and subsequent revisions in 2004 and 2008.

Here are links to each of the branches of service.

DFAS: https://www.dfas.mil/retiredmilitary/di ... /crsc.html
Army: https://www.hrc.army.mil/content/CRSC
Air Force: http://www.afpc.af.mil/Combat-Related-S ... mpensation
Navy/USMC: http://www.secnav.navy.mil/mra/CORB/Pag ... fault.aspx
 

smith6769

Registered Member
#7
Your branch of service does not "rate" a condition for the purpose of CRSC determination. They use the established rating that is derived from the VA C&P examination (38 CFR Book C).

Your branch of service does make a determination as to whether or not each individual condition meets the guidelines for CRSC based upon the established definition in P.L. 107-314, sec. 636 and subsequent revisions in 2004 and 2008.

Here are links to each of the branches of service.

DFAS: https://www.dfas.mil/retiredmilitary/di ... /crsc.html
Army: https://www.hrc.army.mil/content/CRSC
Air Force: http://www.afpc.af.mil/Combat-Related-S ... mpensation
Navy/USMC: http://www.secnav.navy.mil/mra/CORB/Pag ... fault.aspx[/QUOTEThis is what I needed and just wasn't sure how to word it. Thank you!!!
 

oddpedestrian

PEB Forum Veteran
Registered Member
#8
I have never seen someone get CRSC from the instrumentality or simulated war definitions I did follow some people who tried and bitterly fought them through appeals but do not know the final determination of their cases.
 

RonG

PEB Forum Veteran
Registered Member
#10
I have never seen someone get CRSC from the instrumentality or simulated war definitions I did follow some people who tried and bitterly fought them through appeals but do not know the final determination of their cases.
This is the definition of “instrumentally of war” as used in an AF Board for Correction to Military Records decision:

“ b. Instrumentality of War (E3.P5.2.2.4): Incurrence during a period of war is not required. A favorable determination is made if the disability was incurred during any period of service as a result of such diverse causes as wounds caused by a military weapon, accidents involving a military combat vehicle, injury, or sickness caused by fumes, gases, or explosion of military ordnance, vehicles, or material. However, there must be a direct causal relationship between the instrumentality of war and the disability. For example, an injury resulting from a Service member falling on the deck of a ship while participating in a sports activity would not normally be considered an injury caused by the instrumentality of war (the ship) since the sports activity and not the ship caused the fall. “
The definition is not limited to that decision.

Another case of interest involves injuries claimed to have been incurred during “simulated war.” Within the discussion is the comment, “ c. The number one reason CRSC denies claims is due to the lack of combat-related evidence supporting the injury or illness. The official documentation that explains "how" the applicant received his illness or injury is not available to the CRSC staff.”
This particular case included statements from physicians long after the pertinent event. It gives gives a view of how such cases are considered. http://boards.law.af.mil/ARMY/BCMR/CY2015/20150009223.txt

Ron
 

RonG

PEB Forum Veteran
Registered Member
#11
Re: "Oh okay I really appreciate the feedback. I'm 100% SC but I don't receive retirement because my VA comp was higher than my retirement"

Combat Related Special Compensation (CRSC) is a monthly entitlement that allows eligible military retirees to recover some or all of their retired pay that was offset by their Department of Veterans Affairs (VA) disability compensation.

An application to one's service is required. See the links provided by gsfolwler above.

Ron
 

nyrakoel

Registered Member
#12
This is the definition of “instrumentally of war” as used in an AF Board for Correction to Military Records decision:

“ b. Instrumentality of War (E3.P5.2.2.4): Incurrence during a period of war is not required. A favorable determination is made if the disability was incurred during any period of service as a result of such diverse causes as wounds caused by a military weapon, accidents involving a military combat vehicle, injury, or sickness caused by fumes, gases, or explosion of military ordnance, vehicles, or material. However, there must be a direct causal relationship between the instrumentality of war and the disability. For example, an injury resulting from a Service member falling on the deck of a ship while participating in a sports activity would not normally be considered an injury caused by the instrumentality of war (the ship) since the sports activity and not the ship caused the fall. “
The definition is not limited to that decision.

Another case of interest involves injuries claimed to have been incurred during “simulated war.” Within the discussion is the comment, “ c. The number one reason CRSC denies claims is due to the lack of combat-related evidence supporting the injury or illness. The official documentation that explains "how" the applicant received his illness or injury is not available to the CRSC staff.”
This particular case included statements from physicians long after the pertinent event. It gives gives a view of how such cases are considered. http://boards.law.af.mil/ARMY/BCMR/CY2015/20150009223.txt

Ron
We’re new to this forum trying to get info on CRSC, had an Agent Orange claim for Prostate Cancer in 2012 rated at 100%, was reduced to 0 by the VA without exam, sent NOD 2/2017 just revceived packet with 40% rating. They told us that his residuals and there are plenty need to go in as new claims, we were never told about this CRSC could this go in to the Army back to initial rating? And do you know how they rate these claims/residuals? Or is there a web page that would tell us? We had no clue that DoD awarded this for agent orange illness’. TIA
 

gsfowler

Staff Member
PEB Forum Veteran
#13
You would need to apply for CRSC with the branch of service.

CRSC may not have ever been mentioned because you must be entitled to and/or be receiving military retired pay. Unless you husband has either 1.) a medical retirement from the Army, or 2.) and length of service retirement, CRSC would not apply to him.
 

nyrakoel

Registered Member
#14
You would need to apply for CRSC with the branch of service.

CRSC may not have ever been mentioned because you must be entitled to and/or be receiving military retired pay. Unless you husband has either 1.) a medical retirement from the Army, or 2.) and length of service retirement, CRSC would not apply to him.
 

nyrakoel

Registered Member
#15
He 20 yrs retired, with 2 years in Vietnam. I guess maybe because he was at 100% rating until they reduced him to 0, we then sent a NOD and finally after 19 months we heard something. He was given 40% and we just did the paperwork for a new claim on his residuals from prostate cancer treatment.... I just printed the CRSC form and will get that in as soon as his new rating hits the system... Thank you.
 

RonG

PEB Forum Veteran
Registered Member
#16
Nyrakoel,

CRSC (DFAS)

Ref: https://www.dfas.mil/retiredmilitary/disability/crsc.html

Retroactive Payment
In addition to monthly CRSC payments, you may be eligible for a retroactive payment. DFAS will audit your account to determine whether or not you are due retroactive payment. An audit of your account requires researching pay information from both DFAS and VA.

If you are due any money from DFAS, you will receive it within 30-60 days of receipt of your first CRSC monthly payment. If DFAS finds that you are also due a retroactive payment from the VA, we will forward an audit to the VA. They are responsible for paying any money they may owe you.

Your retroactive payment date may go back as far as June 1, 2003, but can be limited based on:
—your overall CRSC start date as awarded by your Branch of Service
—your Purple Heart eligibility
—your retirement date
—your retirement law (disability or non-disability)
—six-year barring statute

Disability retirees with less than 20 years of service will be automatically limited to a retroactive date of January 1, 2008 as required by legislation passed by Congress effective 2008.

***All retroactive pay is limited to six years from the date the VA awarded compensation for each disability.

———

Procedures for CRSC Applications:

Army: https://www.hrc.army.mil/TAGD/CRSC

Air Force: http://www.afpc.af.mil/Benefits-and-Ent ... pensation/

Navy and USMC: http://www.secnav.navy.mil/mra/CORB/pag ... fault.aspx

USCG: http://www.dcms.uscg.mil/Our-Organizati ... C-PSD-MED/


Ron
 
Last edited:

nyrakoel

Registered Member
#17
Nyrakoel,

CRSC (DFAS)

Ref: https://www.dfas.mil/retiredmilitary/disability/crsc.html

Retroactive Payment
In addition to monthly CRSC payments, you may be eligible for a retroactive payment. DFAS will audit your account to determine whether or not you are due retroactive payment. An audit of your account requires researching pay information from both DFAS and VA.

If you are due any money from DFAS, you will receive it within 30-60 days of receipt of your first CRSC monthly payment. If DFAS finds that you are also due a retroactive payment from the VA, we will forward an audit to the VA. They are responsible for paying any money they may owe you.

Your retroactive payment date may go back as far as June 1, 2003, but can be limited based on:
—your overall CRSC start date as awarded by your Branch of Service
—your Purple Heart eligibility
—your retirement date
—your retirement law (disability or non-disability)
—six-year barring statute

Disability retirees with less than 20 years of service will be automatically limited to a retroactive date of January 1, 2008 as required by legislation passed by Congress effective 2008.

***All retroactive pay is limited to six years from the date the VA awarded compensation for each disability.

———

Procedures for CRSC Applications:

Army: https://www.hrc.army.mil/TAGD/CRSC

Air Force: http://www.afpc.af.mil/Benefits-and-Ent ... pensation/

Navy and USMC: http://www.secnav.navy.mil/mra/CORB/pag ... fault.aspx

USCG: http://www.dcms.uscg.mil/Our-Organizati ... C-PSD-MED/


Ron
Thank you Ron for this info...
 

gsfowler

Staff Member
PEB Forum Veteran
#19
He 20 yrs retired, with 2 years in Vietnam. I guess maybe because he was at 100% rating until they reduced him to 0, we then sent a NOD and finally after 19 months we heard something. He was given 40% and we just did the paperwork for a new claim on his residuals from prostate cancer treatment.... I just printed the CRSC form and will get that in as soon as his new rating hits the system... Thank you.
With a 20Y length of service retirement, your husband would have been entitled to concurrent receipt of his retirement pay as well as his compensation and pension award from the VA.

There would be no VA offset to restore. CRSC would make a portion of his DoD retirement pay tax fee if granted by his branch of service.

If your husband is having difficulties with his activities of daily living due to the residuals from his service connected illnesses, you may want to consider applying for aid and attendance for him.
 

RonG

PEB Forum Veteran
Registered Member
#20
gsfowler’s remarks are accurate about CRDP; there would no waived retired pay to restore (while rated 100%) since CRDP would have caused full Concurrent Receipt in the case described.

It is my understanding that his rating was decreased to zero and later awarded a 40% rating for residuals.

If my inference is correct and the 40% is retroactive, the following will likely occur:
1. Since his previous rating was zero during the retro period, there was no waiver/VA offset; he received his retired pay. Consequently, since retired pay was not waived, the VA cannot pay retro VA comp @ 40% for the retro period.

2. An approved CRSC percentage could result in future replacement (some or all) of waived retired pay where there was an actual VA offset.

3. The situation might result in an opportunity to file amended tax returns as described at https://vetsbenefits.net/amended-tax-returns-due-to-retroactive-payment-of--t85091.html

Ron
 
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