Unemployability & CRSC

[Shawnkatt1]

Hi folks,

My husband recently received his appeal award letter, which reflected an increase from 40% to 70% retroactive to Feb, 2016.

He’s preparing to file for Unemployability, and we have an appt with a rep in  early February to do so.

It was recently suggested by a different rep that my husband apply for CRSC which is confusing to me....

Does this avenue only apply to veterans who are currently rated at less than 50%?

Or, is this form necessary (as an audit) to try to retrieve back-pay of retirement monies that were offset by a rating of less than 50% after a rating’s increase (which would be the case with my husband)?

DFAS confirmed that there is an audit that’s processing now.

Am I correct in assuming DFAS would automatically look at retirment monies that are owed to him retroactively since his rating changed from 40% to 70% effective 2/16....?

So should we apply for CRSC AND Unemployability?

And,

Do we need to get an employment verifcation form 21-4192 filled out for the Unemployability application??

Thank you everyone - we really appricate the help!

Sent from my iPad

[Richard1954]

First rest assured Combat related Special Compensation  applies to any retired veteran  , that has what is called a combat related injury. This does not mean the injury or disease must actually happen in Combat. For example, if your husband was in a military vehicle in the US and was involved in an accident and got hurt, this is a combat related injury. In order to qualify, you husband must submit an application to his branch of service, and he must at the same time submit any VA paperwork that shows an award of disability. Depending on the rating, and how it was acquired or  were he was at the time, he could get a combat related compensation that is tax free .  If he received wounds in combat that is combat related, if he has PTSD related to combat that is combat related. There is no limit of what can be related to combat. In my case, I have a serious back injury that is combat related at 60%, I also have a TBI that is combat related at 40%, and a drop foot that is rated loss of use that is combat related and part and parcel of my back injury that I receive a k award for.  Now I sent all of this paperwork  to the US Army Combat related Compensation in 2007,  and I was awarded all of my retirement pay  as CRSC. Now,  in my case I was medically retired, and I was not receiving any of my retirement pay for over 21 years because it was offset by my VA compensation. In my case my disabilities that were considered for combated related special compensation pay were actually would  and would have  netted me more pay that my actual retirement pay,  but by law I cannot receive more than the actual retirement pay based on my years of service. I was lucky because I was  retired based on longevity  @ 2.5% for over 15 years service....and at the time of retirement it was a tax free retirement based on medical retirement. So either way my compensation was tax free. Now I do receive all of my  retirement as combat related compensation tax fee. I also receive va compensation   at 100% rate, with A%A, K awards and other benefits. I can say, that my monthly va and combat related compensation is well into 6 figures....as to an audit.. I don't know much about that  so can't help you there..... Best of Luck , For TDIu you  must fill out the form, and wait and see. Its not automatic, your husband must show that he is unable to maintain gainful employment. If he was let go or forced into medical retirement at a civilian job because of military related disability, that is a confirmation that he cannot perform gainful work. The VA is not about saying go work at McDonald's if  the veteran has a degree in computers, so they will not force employment into a field that does not provide gainful employment based or recent work or education. I was forced to medically retire from civil service based on military disability, I was granted TDIU in less than 6 months, that was the old days 1999 to be exact,  I later became 100% in 2007. Again best of luck, hope I have aided you some and if I did , pass it on... if not let me know so I don't steer anyone else wrong..  I've been in the system for over 30 years but along the way things do change and I may have missed some changes....

Edited January 28, 2019 by Richard1954

[Berta]

We have a lot of CRSC CRDP info here under a hadit search that will answer your questions-

Richard is correct.

"It was recently suggested by a different rep that my husband apply for CRSC which is confusing to me...."

It seemed to me you said a DFAS audit was being done? That would be for CRDP- however the CRSC might be the larger DOD benefit and must be applied for.

Searc for CRSC CRPD Berta and I am sure the info from DFAS and Military.co will pop up and he can determine if he fits into the CRSC criteria.