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CRSC Question

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Vync

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  • Content Curator/HadIt.com Elder

Have any of you tried to apply for CRSC since the VA conceded AO? 

This is a follow up question regarding the topic linked below "CRSC Question" and the changes the VA and the Army made regarding presumptives related to Agent Organge.

Here's the prior question:

 

The veteran I am helping is retired Army  20 years, honorable discharge, existing 10% SC rating, plus served boots on the ground in Vietnam. He applied for SC for hypothyroidism and is currently SC for it, too.

Since the earlier question, the VA site https://www.va.gov/resources/combat-related-special-compensation-crsc/ has been updated to include 

Quote

What the evidence must show about your combat-related disability

The evidence must show that your injury happened while you were:

  • Engaged in armed conflict (in combat or during an occupation or raid), or 
  • Engaged in hazardous duty (like demolition, flying, or parachuting), or
  • Participating in war simulation activities (like live fire weapons practice or hand-to-hand combat training), or
  • Exposed to instruments of war (like a military vehicle, weapon, or chemical agent), or
  • Engaged in an activity you received a Purple Heart for

They added "instruments of war" to include "...or chemical agent".

 

Also, over on the Army site https://www.hrc.army.mil/content/Combat Related Special Compensation CRSC Eligibility

Quote

In order to be eligible for Combat Related Special Compensation (CRSC), you MUST meet all of the following criteria;

1. Receiving military retired pay examples include: 20 year Retiree, Medical Chapter 61, Temporary Early Retirement Act, and Temporary Disabled Retirement List Retiree

2. Have 10% or greater VA rated injury that is combat-related

3. Military retired pay is reduced by VA disability payments (VA Waiver)

AND… must be able to provide documentary evidence that your injury was a result of one of the following:

  • Training that simulates war (e.g., exercises, field training)
  • Hazardous duty (e.g., flight, diving, parachute duty)
  • An instrumentality of war (e.g., combat vehicles, weapons, Agent Orange)
  • Armed conflict (e.g., gun shot wounds [Purple Heart], punji stick injuries)

They added "instrumentality of war" to include "...Agent Orange".

 

Given the fact that he previously met all the criteria except a clearly defined "instruments of war" aspect, since the VA and the Army have updated that to include "chemical agent/Agent Orange", would that be sufficient?

I ask because I called the Army Human Resources command to ask about it regarding his qualifications. They told me he would qualify for it. I don't want to get too excited for him until I learn more about it and see if anyone else has filed for CRSC since they added chemical agent or Agent Orange.

Thoughts?


 

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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Applied for CRSC several years ago this is what resulted:

1. Your application for Combat-Related Special Compensation (CRSC) was reconsidered using the additional, clarifying, or new information provided. Your application remains approved, and is amended, as indicated below:

 

COMBAT RELATED:

 

Diagnosis

VASRD

VA%

Determination

B/L Factor

Claim Date

CRSC Eff Date

Ischemic heart diease

7006

 

100

Combat-related; Instrumentality of War - Agent Orange

No

07/21

03/12*

Obstructive sleep apnea

6847

 

50

Combat-related; Instrumentality of War - Agent Orange

No

04/18

09/13

Residual scar

7800

 

30

Combat-related; Instrumentality of War - Agent Orange

No

04/18

03/13

Glenohumeral joint instability R arm

5201

 

30

Combat-related; Instrumentality of War - Agent Orange

No

04/18

03/14

Damage of cranial nerve V / horner's syndrome

8205

 

10

Combat-related; Instrumentality of War - Agent Orange

No

04/18

11/14

Damage of cranial nerve VII

8207

 

10

Combat-related; Instrumentality of War - Agent Orange

No

04/18

11/14

Damage of cranial nerve XI

8211

 

10

Combat-related; Instrumentality of War - Agent Orange

No

04/18

11/14

Anisocoria

6099
6000

 

0

Combat-related; Instrumentality of War - Agent Orange

No

04/18

01/15

* Note: The VA backdated his effective date to 3/1/2012 due to BVA

appeal outcome.

You are receiving Concurrent Retirement and Disability Pay (CRDP) at the 100% rate ($2108.00--capped at gross retirement pay). If CRDP exceeds the amount of your CRSC entitlement, you will continue to receive CRDP in lieu of CRSC. Concurrent payments of both CRDP and CRSC are prohibited by Public Laws 107-314 and 108-136. If CRSC is more beneficial than CRDP, DFAS will effect CRSC payment to you within 120 days of receipt of this letter. CRSC payments will be made in the same manner as your retired pay (i.e. EFT or check). For more information on CRDP, please visit the DFAS website link below:

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  • Content Curator/HadIt.com Elder

@toddt Thank you for the information. Couple of quick questions for you:

1. Around when did you retire?

2. Around when did you submit a claim for VA benefits?

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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@Vnyc - Retired Aug 1980 entered service Feb 1959.  Claims were started December 2011 (hearing loss and tinnitus).  Found Hadit and started reading alot.  A Grahm  answered a couple of my questions and I was off and running.  The Ischemic Heart disease claim was filed March 2013 and back dated one year.

Edited by toddt
Got a "No result" for a name I mentioned so i miss spelled it
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  • Content Curator/HadIt.com Elder

@toddt Thank you very much for the good info! 

The veteran I am trying to help is retired Army, served in Vietnam, has his retirement pay reduced by the VA disability compensation amount, plus is SC at 10% (10% for a knee injury, 0% heart rhythm, and 0% for hypothyroidism but if filing a supplemental to get that increased). His initial 10% was from 1990 when he filed right after retirement, but I have no idea if the CRSC would go back that far. What is your take on it?

 

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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Statute of limitations: You must file your claim within six years of the date of a VA rating decision that could make you eligible for CRSC, or the date you became eligible for retired pay, whichever is more recent. If you file after the six-year limit, you will only be eligible for up to six years of retroactive payments

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  • Content Curator/HadIt.com Elder
On 6/29/2024 at 9:03 AM, toddt said:

Statute of limitations: You must file your claim within six years of the date of a VA rating decision that could make you eligible for CRSC, or the date you became eligible for retired pay, whichever is more recent. If you file after the six-year limit, you will only be eligible for up to six years of retroactive payments

He submitted a number of claims under the PACT Act related to Agent Orange. The VA conceded AO, but everything else got denied because they somehow did not receive any non-VA medical records. Should have a supplemental out next week with more records, release of medical to VA auth forms, buddy letters, etc... 

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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