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CRSC Question

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Vync

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  • Content Curator/HadIt.com Elder

I'm not an expert on Combat Related Special Compensation (CRSC), but wanted to ask others for their thoughts on it in relation to a veteran who retired after almost 25 years of service. While serving, the veteran had a number of injuries and also served in Vietnam (although not engaging in combat). After retiring in the early 90s, he was awarded 10% for a joint disability and 0% for heart. Of course, he only gets his military retirement pay because he does not meet the 50% rating for concurrent receipt of both. The 0% was for a heart rhythm disorder which at the time did not meet 10% or higher criteria. During a 5pm Retreat ceremony, he stood too close to the cannon and was knocked out cold. Of course, he woke up in the hospital diagnosed with a heart rhythm disorder. Apparently, CRSC can be awarded if it was due to "instrumentality of war".

Questions:

Is it possible for him to qualify for CRSC given the fact that his heart rhythm disorder was caused by a cannon (an instrumentality of war)?

If he has a chance of getting this applied, is there any way to request retroactive payments of the 10% VA compensation that was never paid to him?

 

Thanks!

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Anything is possible.  I know a Veteran who got CRSC for hearing loss because his unit (Navy vessel) was engaged in maneuvers which he claimed were "Participating in war simulation activities. . ." because the ship fired it's gun.  I think that a "retreat ceremony" would not fit any of the evidence you must show as listed in the CRSC requirements ( https://www.va.gov/resources/combat-related-special-compensation-crsc/ ).  If he were to succeed in being awarded CRSC they may make it retroactive.  

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  • Content Curator/HadIt.com Elder

@toddtI am hoping to find a way to help the veteran with it and he meets most of the criteria listed in the link you posted. Although it was a ceremony, it was in the line of duty and may qualify under the "Exposed to instruments of war (like a military vehicle, weapon, or chemical agent)" criteria.

I found this, which might be out of date: https://militarypay.defense.gov/Portals/3/Documents/CRSC_Guidance_104.pdf
 

Quote

 

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

 

It was a real cannon which might fall under "wounds caused by a military weapon". He said that when fired, the cannon generated shock waves which struck and rendered him unconscious.

 

On the bright side, the branch of service will be the ones to review the application, not the VA. I told him it would be a long shot, but we are still going through his service treatment records to see if he received treatment for any injuries while engaged in hazardous service or in the performance of duty under conditions simulating war.

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"Life is like a box of chocolates." BY FORREST GUMP. But being serious, I am not an expert, but I had worked in the administration field for well over 25 years and the bottom line is you will never know unless you try. In the Army, we called it an exception to the policy, the VA calls it an administrative review, or a reconsideration, the SSA calls it a good cause and life calls it shit happens, but you will never know until you file the claim. Let the VA/Military Records/DFAS or whom ever do their job and when they make their decision, if you don’t agree with their reasoning then file an appeal.

When I first heard about VA benefits, I found out that a veteran was getting benefits for sinuses. Please don't get me wrong, that's fine but at the time I knew nothing, but I needed help, so I started filing my claims. I am not trying to take benefits from any veteran, they just need to file their claims. 

 

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  • Content Curator/HadIt.com Elder

@pacmanx1You are indeed correct! The only way to find out is to try.

When I first heard of VA benefits I was still on active duty. While at the rifle range, one of our training sergeants said, "The VA don't pay for hearing loss. Wear your earplugs!" I knew about the VA from movies like Article 99, but that was the first time I heard about the VA paying anything. When I left the service in 1995, they made us go to a week-long training course called Army Career Alumni Program (ACAP) where a civilian lady taught us about transitioning from military to civilian life. A lot of it was a no-brainer, but some of it was interesting like, "Don't take a U.S. Government Skillcraft ink pen to fill out your job application because it tells them that you steal from your employer." During the course, they strongly encouraged we contact our state VA rep, or another VSO, to file any disability claims. I was like, "What?" It is not like it is today where service members are offered C&Ps before leaving the service. Coincidentally, one of the things I filed for was sinuses because they had gotten way worse while in the service. 

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If I understand it he had heart rhythm disorder diagnosed after he pasased out when  the cannon was fired.  I don't think that it would qualify  as an instrument of war because he was not actually hurt by the cannon, and it would be very hard to prove the cannon caused the disorder.  Even if he filed for CRSC and it was awarded he wouldn't get a dime because its based on the medical condition clamed to have happend due to an instrument of war and the VA rating for the condition. He would have to file to his branch of service and see what they tell him. 

 

Example:  if he was in a military vehicle during a field exercise and was in an accident and received injuries, that would be an instrument of war,  If he was injured by any military item that was created to conduct war he could get CRSC,  his injury does not have to have been caused in war. 

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