This article is the final part of a four-part series articles on Combat-Related Service Compensation (CRSC).
As stated on the VA’s CRSC website found at https://bit.ly/3JqLexq, a military retiree (Regular, National Guard, or Reserves) may be eligible to apply for CRSC if the military member is retired (and entitled to or receiving military retirement pay), and 2. the military retiree has a VA disability rating of at least 10%, and 3. the military retiree currently has their DoD retirement payments reduced by the amount of their VA disability payments, and 4. the military retiree files a CRSC application with their branch of military service.
As mentioned in the earlier articles, military retirees and their family members and anyone assisting (VSOs, Accredited Lawyers, and other Accredited Representatives) a military retiree to file for CRSC must closely read and follow the instructions on the Claim For Combat Related Special Compensation DD Form 2860. The mistakes that military retirees frequently make in filing for CRSC include, but are not limited to:
1. In the Line of Duty May Not be Enough. Retirees do not understand that even though an injury or illness may be “In-the Line-of-Duty”, that does not automatically make the disability eligible for CRSC. A military member who becomes sick or injured while on active duty or during an excused absence is entitled to certain benefits, including pay and allowances, if the military injuries or illness are not the results of the Soldier’s intentional misconduct or willful negligence or in other words, In-the-Line-of-Duty. However, to be eligible for CRSC the criteria in Block 13.g. and Appendix A of the CRSC Form must be met.
2. Military Service Connected May Not be Enough. Retirees do not understand that even though an injury or illness may be “Military Service-Connected”, that does not automatically make the disability eligible for CRSC. For example, if a military retiree hurt his or her knee while running in formation as part of the Military Service Physical Fitness/Training Program or while participating in supervised sports (football, softball, basketball, etc.) activities and after retiring, the military retiree filed for and received a VA service-connected disability award of 20% for the knee injury, he or she is still not eligible for CRSC.
3. CRSC Award Falls Under 8 Categories. Retirees do not understand that CRSC awards must fall under one of the eight Combat Related Codes (categories) of PH (Purple Heart), AC (Armed Conflict), HD Hazardous Duty), SW (Simulating War, IN (Instrument of War), AO (Agent Orange – includes all herbicides), DE (Radiation), or GW or MG (Gulf War or Mustard Gas).
4. Must Read the Fine Print in Appendix A of DD Form 2860. Retirees do not read the fine print in Appendix D of DD Form 2860 before sending their CRSC Claim in, thus leaving out required evidence, documents (documented secondary medical conditions, service records, medical records, dates, evaluations, decoration citations, travel vouchers, PCS orders, lay witness statements, etc.). Some of the fine print in Appendix A states (paraphrased by author):
a. Purple Heart (PH). Retirees must provide a copy of the Purple Heart Citation and DD214 reflecting the award and injury, or the Purple Heart Citation, and excerpts from the Service Medical Record that corresponds to the date and document the treatment of the Purple Heart injury.
b. Direct Result of Armed Conflict (AC). Disabilities must have been incurred in the line of duty as a result of armed conflict. There must be a definite, documented, causal relationship between the armed conflict and the resulting disability (injury, wound, condition, disease, etc.). Armed conflict includes a war, expedition, occupation, battle, skirmish, raid, invasion, assault, insurrection, guerilla action, riot, or other action in which service members are engaged with a hostile or belligerent nation, faction, force, or terrorists. Includes incidents involving POWs.
c. In Performance of Duty Under Conditions Simulating War (SW). Paraphrased – Must have incurred in the line of duty as a result of simulating armed conflict. The fact that a military member (retiree) incurred the disability during a period of simulating war or in an area of simulated armed conflict or while participating in simulated armed conflict operations is NOT sufficient by itself to support a combat-related determination. Examples of qualifying disabilities resulting from simulated combat activities during combat training include war games, practice alerts, tactical exercises, airborne operations, live fire exercises, bayonet training, hand-to-hand combat training, rappelling, and negotiating obstacle courses, while in full gear. Physical training such as calisthenics, jogging, formation running, and supervised sports are NOT included.
d. While Engaged in Hazardous Service (HS). There must be a definite, documented, and causal relationship between the hazardous service and the resulting disability. Includes activities like flight, parachute duty, demolition, experimental stress duty, diving duty, and rescue missions.
e. Instrumentality of War (IN). Must be in the line of duty as a result of an instrument of war (vehicles, vessels, weapons, aircraft, devices, etc. designed primarily for military service). The disability must be caused by the device itself. Injuries caused by HAZMAT (like fumes, gases, explosions, etc.) are included. This is a long section, so retirees need to read the entire explanation and definition on the DD Form 2860.
f. Agent Orange (AO). The disability was incurred as a result of Agent Orange and other rainbow herbicides used in the Vietnam War. Must be determined by the VA as presumptive to Agent Orange (or other herbicides). Must show more than service-connected but also the specific causes of the condition, such as, the retiree has Diabetes caused by Agent Orange (herbicides) exposure. For secondary disabilities to be CRSC approved, they must be granted by the VA, as secondary to Agent Orange (herbicides).
g. Radiation Exposure (RE). The disability must be a result of combat-related radiation exposure. includes participation in nuclear testing/detonation, the nuclear bombing of Japan, POWs in Japan in WWII, or service in Paducah, Ky., Portsmouth, Ohio, or the K25 area at Oak Ridge, Tenn., for at least 250 days before Feb 1, 1992.
h. Gulf War (GW), Mustard Gas, or Lewisite (MG). Disabilities awarded by the VA on the basis of presumption relating to service in the Persian Gulf War or exposure to Mustard Gas or Lewisite, even though there is no direct connection and the disability did not occur immediately. Retirees must show not just service connection but that the specific cause of the condition, such as Fibromyalgia from service in the Persian Gulf War.
The bottom line is, “If you are a military retiree with VA-awarded service-connected disabilities, that qualify under the CRSC program, you should apply for any CRSC compensation that qualifies under the CRSC guidelines.”
Larry Dandridge is a Vietnam War wounded warrior, disabled veteran, ex-Enlisted Infantryman, ex-Warrant Officer Pilot, and retired Lt. Colonel. He is a past Veterans Service Officer, a Patient Adviser at the RHJ VA Hospital, the Fisher House Charleston Good Will Ambassador, and the VP for Veteran Affairs for the local Army Association Chapter. Larry is the author of the award-winning book Blades of Thunder and a contributing freelance writer with the Island News. Contact him at LDandridge@earthlink.net or 843-276-7164.ili
