What conditions qualify for CRSC?

F

faoman

PEB Forum Regular Member
Registered Member
It seems like the guidelines for what qualifies for CRSC are pretty wide but I cannot find a list of conditions that are frequently designated as qualifying? For instance, if I have back pain that I say is a result of wearing body armor for three years, is that enough? I have ankle, knee, shoulder, and back pain that I am hoping will all be considered combat related (because they 100 percent are). Any ideas?
 
Combat-Related Special Compensation (CRSC) provides military Retirees a tax-free monthly compensation that is intended to replace some or all of the retired pay that is withheld due to receipt of VA compensation. CRSC is payable for disabilities that are found to be related to combat, including disabilities that were incurred in actual combat, while engaged in hazardous service, in the performance of duty simulating war, training for combat or as a result of an instrumentality of war. The amount of CRSC payable is directly related to the evaluation(s) assigned to combat-related disabilities, but cannot exceed the amount of withheld retired pay. Retirees cannot receive benefits simultaneously under both, CRSC and Concurrent Retirement and Disability Payments (CRDP), programs.

DFAS began deducting Survivor Benefit Plan (SBP) premiums from Combat-Related Special Compensation (CRSC) when retired pay is not sufficient to cover the full amount of the premiums in April 2018. This deduction is due to a change in the law which requires DFAS to deduct SBP premiums from CRSC. Click here for more information.
Eligibility

Army Retirees (including chapter 61 Retirees) are qualified to receive CRSC if they have a Combat-Related VA service-connected disability rating of 10% or higher and are drawing retirement pay which is reduced by a VA waiver.

In addition, the 2008 National Defense Authorization Act (NDAA) expands CRSC eligibility to cover those who were medically retired under Chapter 61, Temporary Early Retirement Act (TERA), and Temporary Disable Retirement List (TDRL) Retirees with less than 20 years of service. Medical and TERA Retirees must still provide documentation that shows a causal link between a current VA disability and a combat related event.
Note: Currently—There is a Six Year Statute of Limitations: CRSC is subject to the 6-year statute of limitations, 31 U.S.C., Section 3702(b). In order to receive the full retroactive CRSC entitlement, you must file your CRSC claim within 6 years of the date of any VA rating decision that could potentially make you eligible for CRSC or the date you become entitled to retired pay, whichever is more recent. If you file your claim more than 6 years after initial eligibility, you will be restricted to 6 years of any retroactive entitlement. Any questions relating to the payment of this claim must be addressed to Defense Finance and Accounting Service (DFAS) who is the pay authority for CRSC.
*The six-year statute of limitations extends backwards from the original date of application where the retiree meets all eligibility requirements.

Benefit Highlights
CRSC Programs: The Combat-Related Special Compensation (CRSC) program was enacted by Congress on 2 December 2002. In accordance with specific guidance, the CRSC program provides compensation for certain Uniformed Service Retirees with combat-related disabilities. The original CRSC program (CRSC I) began 1 June 2003 for active duty Retirees with 20 years of service. The CRSC II program was created 1 January 2004 to offer compensation for a larger group of combat-disabled Retirees, including reserve Retirees at the age of 60.

Ron
 
Combat-Related vs. Service-Connected (noncombat-related)
Some examples of CRSC combat-related situations (and corresponding required proof) vs. noncombat-related situations are as follows:



Simulating War
Must be an incident or accident directly contributed to training
for combat
Hazardous Service
Must be an incident or accident linked to hazardous service
Instrumentality of War
An Instrument of war is a piece of equipment that is unique to the military and used in a
manner for which it is intended
Armed Conflict

Injury must have occurred as a direct result of armed conflict.
Presumptive
A condition that has been recognized by the Veteran’s Affairs as being presumptive
Combat-Related
  • Flight Duty – Sprained back in hard landing
  • Demolition Duty – Hearing loss due to explosion
  • Parachute Duty – Broke arm during bad PLF
  • Diving Duty – Ruptured eardrum on accent
Combat-Related

  • Hand crushed by armored vehicle hatch
  • Shot in foot on firing range
  • Injured by shrapnel on grenade range
Combat-Related
-Any injury or condition for which a Purple Heart was awarded
  • Gunshot wound from enemy fire
  • Shell fragment wounds sustained in combat
  • Injuries from an aircraft being shot down
  • Wounds from an IED or terrorist bomb
Combat-Related
  • Diabetes Type II as presumptive for Agent Orange
  • Fibromyalgia as presumptive for the Gulf War
  • Leukemia as presumptive for radiation exposure
  • A non-presumptive condition that is secondary to a presumptive condition
Service-Connected
  • Twisted knee stepping in hole while on duty
  • Broke arm playing football
  • Sprained ankle in motor pool
  • Dislocated shoulder during physical training
Service-Connected
Disabilities not caused by a specific incident or accident, or attributed to hazardous service by the VA or a Military Treatment Facility.
Service-Connected

  • Broke back in civilian vehicle accident
  • Hand crushed while operating fork lift
  • Off-post weapon incident
Service-Connected
  • Twisted ankle stepping in a hole while in a combat zone, but while not engaged in armed conflict.
  • Injured during a sporting event or recreational activity in a hostile area
  • Diseases of nature are not considered a result of armed conflict (i.e. heart disease, malaria, or high
blood pressure, Asthma, Gout or kidney Stones)
Service-Connected


- Conditions that are not on the recognized VA list as being presumptive
 
@webby808

Below is a quote directly from the DoD regarding CRSC:

With respect to VA awards of service-connection based on presumptive conditions under the provisions of sections 1112(b)-(c), 1116, 1117, and 1118 of title 38, United States Code, and of 38 CFR 3.316, CRSC determinations will presume such disability to also be combat-related if the VA Initial Rating Form (or other substantiating documentary information) indicates that the VA rating for the disability is based on such presumption. Thus, disabilities rated by the VA on the basis of POW status, exposure to radiation, mustard gas or lewisite, Agent Orange, and those disabilities associated with Persian Gulf service that are presumed by the VA to be service-connected shall be presumed by the Military Department to be combat-related absent documentary information that the disability was incurred under circumstances that were not combat-related.

I hope this helps.

S/f,

Joel

Disclosure: I was a Marine JAG, Active Duty and Reserve IPEB & FPEB attorney, federal government civilian FPEB & TDRL-focused attorney at the Navy PEB, and now a private attorney focused solely on IDES cases. This post is meant as procedural insight only and should not be construed as legal advice related to a specific case or a legal analysis of facts thereof.
 
JoelPettit said:
@webby808

Below is a quote directly from the DoD regarding CRSC:

With respect to VA awards of service-connection based on presumptive conditions under the provisions of sections 1112(b)-(c), 1116, 1117, and 1118 of title 38, United States Code, and of 38 CFR 3.316, CRSC determinations will presume such disability to also be combat-related if the VA Initial Rating Form (or other substantiating documentary information) indicates that the VA rating for the disability is based on such presumption. Thus, disabilities rated by the VA on the basis of POW status, exposure to radiation, mustard gas or lewisite, Agent Orange, and those disabilities associated with Persian Gulf service that are presumed by the VA to be service-connected shall be presumed by the Military Department to be combat-related absent documentary information that the disability was incurred under circumstances that were not combat-related.

I hope this helps.

S/f,

Joel

Disclosure: I was a Marine JAG, Active Duty and Reserve IPEB & FPEB attorney, federal government civilian FPEB & TDRL-focused attorney at the Navy PEB, and now a private attorney focused solely on IDES cases. This post is meant as procedural insight only and should not be construed as legal advice related to a specific case or a legal analysis of facts thereof.
Click to expand...
Thats awesome. Presumptive without stating its not combat related is presumed. Thanks
 
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