RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 July 2005
DOCKET NUMBER: AR20050001766
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun
Director
Mr. Edmund P. Mercanti
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Mr. Patrick H. McGann Jr.
Member
Mr. Leonard G. Hassell
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. In effect, the applicant requests that his Department of Veterans Affairs (VA) rated disability for traumatic arthritis, and his hearing loss and sleep apnea be approved for Combat-Related Special Compensation (CRSC).
2. The applicant states that he never went on sick call, he was never awarded a Purple Heart, and snoring wasnt considered a problem. However, hearing loss and sleep apnea worsen with age.
3. The applicant provides documents which he lists on his request.
CONSIDERATION OF EVIDENCE:
1. CRSC, as established by Section 1413a, Title 10, United States Code, as amended, states that eligible members are those retirees who have 20 years of service for retired pay computation (or 20 years of service creditable for reserve retirement at age 60) and who have disabilities that are the direct result of armed conflict, specially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war. Such disabilities must be compensated by the VA and rated at least 10% disabling. For periods before 1 January 2004 (the date this statute was amended), members had to have disabilities for which they have been awarded the Purple Heart and are rated at least 10% disabled or who are rated at least 60% disabled as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war. CRSC benefits are equal to the amount of VA disability compensation offset from retired pay based on those disabilities determined to be combat-related.
2. On 10 January 2005, the U.S. Army Physical Disability Agency (USAPDA) Combat Related Special Compensation (CRSC) Branch determined that the applicants diabetes mellitus was combat related and awarded him a 20 percent CRSC rating for that condition. However, the USAPDA CRSC Branch determined that the applicants traumatic arthritis was not combat related and denied his request for CRSC for that condition.
3. In the processing of similar cases, advisory opinions were obtained from the Office of the Under Secretary of Defense (OUSD), Military Personnel Policy. The OUSD has maintained in these opinions that in order for a condition to be
considered combat related, there must be evidence of the condition having a direct, causal relationship to war or the simulation of war.
DISCUSSION AND CONCLUSIONS:
1. CRSC was passed into law as a legislative initiative to eliminate the prohibition of military retirees from receiving VA disability benefits. Due to cost constraints, only those military retirees who have disabilities incurred in combat, or in conditions simulating combat (which includes hazardous duties), are eligible for CRSC.
2. As stated above, the CRSC criteria is specifically for those military retirees who have combat related disabilities. Incurring disabilities while in a theater of operations is not, in and of itself, sufficient to grant a military retiree CRSC. The military retiree must show that the disability was incurred while engaged in combat, while performing duties simulating combat conditions, or while performing specially hazardous duties such as parachuting or scuba diving.
3. While the applicant has submitted evidence to show that he was treated for recurrent dislocation of his right shoulder and lumbosacral discomfort while he was on active duty, he has not submitted any evidence that those conditions were combat related.
4. As for the applicants hearing loss and sleep apnea, there is no evidence that he had those conditions while he was on active duty; there is no evidence that they are combat related; and he has not been awarded a VA disability rating for them. As such, these conditions cannot be approved for CRSC.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____lds__ ____lgh _ ___phm _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_____Linda D. Simmons_________
CHAIRPERSON
INDEX
CASE ID
AR20050001766
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20050726
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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