wyntrout
08-23-2010, 01:44 PM
Combat Related Special Compensation (CRSC)
Filing a CRSC Claim:
Q: What are the eligibility requirements for CRSC?
A: To be eligible for CRSC, servicemembers must meet all four of the following eligibility criteria:
o Active, Reserve or medically retired with 20 Years of Military Service *(Chapter 61 medical and TERA retirees with less than 20 years are now eligible.)
o Have 10% or greater VA rated injury
o Receiving military retired pay
o Military retired pay is reduced by VA disability payments (VA Waiver)
*Note: The National Defense Authorization Act of 2008 changed the CRSC laws to allow retirees who retired for medical reasons (under chapter 61 of USC 10) with less than 20 years of service to receive CRSC.
Combat Related Special Compensation FAQs - Military Benefits - Military.com (http://www.military.com/benefits/military-pay/retired-pay/combat-related-special-compensation-faqs)
Q: I receive 80% compensation from the Department of VeteranĀ’s Affairs (VA) but when I received my CRSC Approval Letter I was only determined to be 40%. Why?
A: Combat-Related Special Compensation is only awarded for disabilities directly related to combat related operations. In order to receive CRSC your disabilities must be the result of activities in one or more of the four categories by law:
* Conditions Simulating War
* Instrumentality of War
* Hazardous Service
* Armed Conflict
Wynn: "It's not necessary to have a Purple Heart of combat injuries. There are very broad categories like the four listed above. See info below.
I got the CRSC for my tinnitus (10%)... caused by gunfire(no ear protection at firing range in basic training!), explosions, aircraft ground equipment (ground power carts are essentially jet turbine engines), and training flights in the B52's ... VERY noisy inside during flight, let alone outside with engines running.
It's all services and you must be retired and receiving VA compensation offset from your retirement pay >= 10%. Check it out. You can download forms and apply... it can't hurt to try.
They've been begging people to apply for this whether you think you're eligible or not.
Retroactive to date awarded VA disability or 1 Jan 2004 which ever is later. $123 a month tax free for 10% rating. It's worth checking out... unless you just don't need the money.
I applied January 9, 2008 regarding VA disabilities awarded in 1996 and got paid retroactive to 1 Jan 2004... a tidy sum of about $5,800 by the time I got the lump sum.
Wynn"
More info:
Attachment 1-1 Determinations of Combat-Relatedness
The following criteria, terms, definitions, explanations will apply to making combat-related determinations in the CRSC program.
Direct Result of Armed Conflict - The disability is a disease or injury incurred in the line of duty as a direct result of armed conflict. The fact that a member incurred the disability during a period of war or an area of armed conflict or while participating in combat operations is not sufficient to support a combat-related determination. There must be a definite causal relationship between the armed conflict and the resulting disability.
Armed conflict includes a war, expedition, occupation of an area or territory, battle, skirmish, raid, invasion, rebellion, insurrection, guerilla action, riot, or any other action in which Service members are engaged with a hostile or belligerent nation, faction, force, or terrorists.
Armed conflict may also include such situations as incidents involving a member while interned as a prisoner of war or while detained against his or her will in custody of a hostile or belligerent force or while escaping or attempting to escape from such confinement, prisoner of war, or detained status.
While Engaged in Hazardous Service - Such service includes, but is not limited to, aerial flight, parachute duty, demolition duty, experimental stress duty, and diving duty. A finding that a disability is the result of such hazardous service requires that the injury or disease be the direct result of actions taken in the performance of such service. Travel to and from such service, or actions incidental to a normal duty status not considered hazardous are not included.
In the Performance of Duty Under Conditions Simulating War - In general this covers disabilities resulting from military training, such as war games, practice alerts, tactical exercises, airborne operations, leadership reaction courses, grenade and live fire weapons practice, bayonet training, hand-to-hand combat training, repelling, and negotiation of combat confidence and obstacle courses. It does not include physical training activities such as calisthenics and jogging or formation running and supervised sport activities.
Instrumentality of War - Incurrence during an actual period of war is not required. However, there must be a direct causal relationship between the instrumentality of war and the disability. The disability must be incurred incident to a hazard or risk of the service.
An instrumentality of war is a vehicle, vessel, or device designed primarily for Military Service and intended for use in such Service at the time of the occurrence or injury. It may also include such instrumentalities not designed primarily for Military Service if use of or occurrence involving such instrumentality subjects the individual to a hazard peculiar to Military Service. Such use or occurrence differs from the use or occurrence under similar circumstances in civilian pursuits.
A determination that a disability is the result of an instrumentality of war may be made if the disability was incurred in 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.
For example, if a member is on a field exercise and is engaged in a sporting activity and falls and strikes an armored vehicle, the injury will not be considered to result from the instrumentality of war (armored vehicle) because it was the sporting activity that was the cause of the injury, not the vehicle. On the other hand, if the individual was engaged in the same sporting activity and the armored vehicle struck the member, the injury would be considered the result of an instrumentality of war.
Filing a CRSC Claim:
Q: What are the eligibility requirements for CRSC?
A: To be eligible for CRSC, servicemembers must meet all four of the following eligibility criteria:
o Active, Reserve or medically retired with 20 Years of Military Service *(Chapter 61 medical and TERA retirees with less than 20 years are now eligible.)
o Have 10% or greater VA rated injury
o Receiving military retired pay
o Military retired pay is reduced by VA disability payments (VA Waiver)
*Note: The National Defense Authorization Act of 2008 changed the CRSC laws to allow retirees who retired for medical reasons (under chapter 61 of USC 10) with less than 20 years of service to receive CRSC.
Combat Related Special Compensation FAQs - Military Benefits - Military.com (http://www.military.com/benefits/military-pay/retired-pay/combat-related-special-compensation-faqs)
Q: I receive 80% compensation from the Department of VeteranĀ’s Affairs (VA) but when I received my CRSC Approval Letter I was only determined to be 40%. Why?
A: Combat-Related Special Compensation is only awarded for disabilities directly related to combat related operations. In order to receive CRSC your disabilities must be the result of activities in one or more of the four categories by law:
* Conditions Simulating War
* Instrumentality of War
* Hazardous Service
* Armed Conflict
Wynn: "It's not necessary to have a Purple Heart of combat injuries. There are very broad categories like the four listed above. See info below.
I got the CRSC for my tinnitus (10%)... caused by gunfire(no ear protection at firing range in basic training!), explosions, aircraft ground equipment (ground power carts are essentially jet turbine engines), and training flights in the B52's ... VERY noisy inside during flight, let alone outside with engines running.
It's all services and you must be retired and receiving VA compensation offset from your retirement pay >= 10%. Check it out. You can download forms and apply... it can't hurt to try.
They've been begging people to apply for this whether you think you're eligible or not.
Retroactive to date awarded VA disability or 1 Jan 2004 which ever is later. $123 a month tax free for 10% rating. It's worth checking out... unless you just don't need the money.
I applied January 9, 2008 regarding VA disabilities awarded in 1996 and got paid retroactive to 1 Jan 2004... a tidy sum of about $5,800 by the time I got the lump sum.
Wynn"
More info:
Attachment 1-1 Determinations of Combat-Relatedness
The following criteria, terms, definitions, explanations will apply to making combat-related determinations in the CRSC program.
Direct Result of Armed Conflict - The disability is a disease or injury incurred in the line of duty as a direct result of armed conflict. The fact that a member incurred the disability during a period of war or an area of armed conflict or while participating in combat operations is not sufficient to support a combat-related determination. There must be a definite causal relationship between the armed conflict and the resulting disability.
Armed conflict includes a war, expedition, occupation of an area or territory, battle, skirmish, raid, invasion, rebellion, insurrection, guerilla action, riot, or any other action in which Service members are engaged with a hostile or belligerent nation, faction, force, or terrorists.
Armed conflict may also include such situations as incidents involving a member while interned as a prisoner of war or while detained against his or her will in custody of a hostile or belligerent force or while escaping or attempting to escape from such confinement, prisoner of war, or detained status.
While Engaged in Hazardous Service - Such service includes, but is not limited to, aerial flight, parachute duty, demolition duty, experimental stress duty, and diving duty. A finding that a disability is the result of such hazardous service requires that the injury or disease be the direct result of actions taken in the performance of such service. Travel to and from such service, or actions incidental to a normal duty status not considered hazardous are not included.
In the Performance of Duty Under Conditions Simulating War - In general this covers disabilities resulting from military training, such as war games, practice alerts, tactical exercises, airborne operations, leadership reaction courses, grenade and live fire weapons practice, bayonet training, hand-to-hand combat training, repelling, and negotiation of combat confidence and obstacle courses. It does not include physical training activities such as calisthenics and jogging or formation running and supervised sport activities.
Instrumentality of War - Incurrence during an actual period of war is not required. However, there must be a direct causal relationship between the instrumentality of war and the disability. The disability must be incurred incident to a hazard or risk of the service.
An instrumentality of war is a vehicle, vessel, or device designed primarily for Military Service and intended for use in such Service at the time of the occurrence or injury. It may also include such instrumentalities not designed primarily for Military Service if use of or occurrence involving such instrumentality subjects the individual to a hazard peculiar to Military Service. Such use or occurrence differs from the use or occurrence under similar circumstances in civilian pursuits.
A determination that a disability is the result of an instrumentality of war may be made if the disability was incurred in 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.
For example, if a member is on a field exercise and is engaged in a sporting activity and falls and strikes an armored vehicle, the injury will not be considered to result from the instrumentality of war (armored vehicle) because it was the sporting activity that was the cause of the injury, not the vehicle. On the other hand, if the individual was engaged in the same sporting activity and the armored vehicle struck the member, the injury would be considered the result of an instrumentality of war.