RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 February 2008
DOCKET NUMBER: AR20070011859
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.
Ms. Catherine C. Mitrano
Director
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Ms. Margaret K. Patterson
Chairperson
Ms. Sherri V. Ward
Member
Mr. Jeffrey C. Redmann
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. The applicant requests, in effect, that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC).
2. The applicant states, in effect, that his left knee was injured while participating in an obstacle course exercise.
3. The applicant provides a CRSC Decision, dated 9 July 2007 in support of this application.
CONSIDERATION OF EVIDENCE:
1. Combat-Related Special Compensation (CRSC), as established by Section 1413a, Title 10, United States Code, as amended, provides for the payment of the amount of money a military retiree would receive from the VA for combat related disabilities if it wasnt for the statutory prohibition for a military retiree to receive a VA disability pension. Payment is made by the Military Department, not the VA, and is tax free. 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. Military retirees who are approved for CRSC must have waived a portion of their military retired pay since CRSC consists of the Military Department returning a portion of the waived retired pay to the military retiree.
2. On 9 July 2005, the U.S. Army Physical Disability Agency (USAPDA) Combat Related Special Compensation (CRSC) Branch denied the applicants request for reconsideration of his previous request for CRSC for the following disabilities:
a. 10 percent for Arthritis (Right Shoulder),
b. 10 percent for Arthritis (Right Knee),
c. 10 percent for Arthritis (Left Hand),
d. 20 percent for Arthritis (Left Shoulder), and
e. 10 percent for Arthritis (Right Shoulder).
3. There is no evidence in the available records which show that the VA Rated disabilities above were incurred as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or were caused by an instrumentality of war.
4. The CRSC Branch further determined that the applicant was entitled to 10% CRSC for Arthritis (Left Knee).
5. The Under Secretary of Defense (OUSD), Military Personnel Policy has provided policy guidance on the processing of CRSC appeals. In that guidance it was stated 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. The CRSC criteria is specifically for those military retirees who have combat related disabilities. Incurring disabilities while in a theater of operations or in training exercises 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.
2. Evidence shows that the applicant was awarded CRSC benefits for Arthritis (Left Knee); however, the other disabilities identified by the VA were determined not to have been incurred as a result of hostile action in a theater of operations or during a training exercise.
3. Without evidence to show that the non qualifying disabilities were in fact incurred as a result of a combat-related situation, there is insufficient basis in which to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_MKP_ _ _SVW___ _JCR____ 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.
_Margaret K. Patterson _
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
ARMY | BCMR | CY2005 | 20050006389C070206
The applicant requests that his nine Department of Veterans Affairs (VA) rated disabilities for degenerative arthritis be approved for Combat- Related Special Compensation (CRSC). Even if the applicant had submitted documentation showing that he was injured in the Gulf War, he would still have to show that the injury was combat related and that it caused his nine VA rated disabilities for degenerative arthritis. Without evidence to establish a direct, causal relationship to the applicant’s...
ARMY | BCMR | CY2005 | 20050003492C070206
He treated the applicant for back and knee injuries that were caused when he fell from his tank during combat training; and c. The applicant injured his shoulders in 1994 when he was bounced around in his tank. Due to cost constraints, while all military retirees will eventually receive concurrent receipt of VA disability compensation, only those military retirees who have disabilities incurred in combat, or in conditions simulating combat (which includes hazardous duties), are eligible for...
ARMY | BCMR | CY2009 | 20090001574
The applicant requests, in effect, that his records be corrected to show his injuries were determined to have been incurred as the direct result of armed conflict, specially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war. Incurring disabilities while in a theater of operations or in training exercises is not, in and of itself, sufficient to grant a military retiree CRSC. Without evidence to establish a direct, causal relationship...
ARMY | BCMR | CY2006 | 20060000867C070205
The applicant requests that his Department of Veterans Affairs (VA) rated disabilities for his knees be approved for Combat-Related Special Compensation (CRSC). 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. Without evidence to establish a direct, causal relationship to the applicant’s VA rated disabilities to war or the...
ARMY | BCMR | CY2007 | 20070011913
The applicant requests, in effect, that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). Combat-Related Special Compensation (CRSC), as established by Section 1413a, Title 10, United States Code, as amended, provides for the payment of the amount of money a military retiree would receive from the VA for combat related disabilities if it wasnt for the statutory prohibition for a military retiree to receive a VA...
ARMY | BCMR | CY2005 | 20050002666C070206
Richard T. Dunbar | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides the partial denial of his CRSC application, a VA disability rating decision, orders showing that he attended the Combat Diver’s Course, a description of the Combat Diver’s Course, and two pages from his military medical records. In that record it is recorded that the applicant was experiencing pain in his left shoulder that began the...
ARMY | BCMR | CY2009 | 20090002403
The applicant requests, in effect, that his records be corrected to show his malignant schwannoma [nerve sheath tumor] was determined to have been incurred as a direct result of armed conflict, specially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war and that this disability is eligible for award of Combat-Related Special Compensation (CRSC). Incurring disabilities while in a theater of operations or in training exercises is not, in and...
ARMY | BCMR | CY2015 | 20150003688
He was asked to provide evidence on how these conditions occurred, such as a line of duty investigation, medical documentation, and/or VA rating decision: * VASRD Code 5009, Arthritis, left knee, No evidence in his claim to show that a combat-related event caused this condition * VASRD Code 5099, Bone Condition, right knee, No evidence in his claim to show that a combat-related event caused this condition * VASRD Code 5201, Limited motion of arm, right shoulder, No evidence in his claim to...
ARMY | BCMR | CY2005 | 20050001766C070206
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). 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. As for the applicants hearing loss and sleep apnea, there is no evidence that he had...
ARMY | BCMR | CY2005 | 20050001766C070206
Leonard G. Hassell | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. As for the applicant’s 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...