RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 February 2008
DOCKET NUMBER: AR20070011913
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:
Mr. John T. Meixell
Chairperson
Ms. Carmen Duncan
Member
Ms. Rea M. Nuppenau
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 all of his VA claims were determined to be "Gulf War incurred." The applicant continues that during his military service he was either in a combat environment or training in a simulated combat environment.
3. The applicant provides CRSC Decision, dated 20 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 20 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.
3. The applicant's record shows that he is currently receiving compensation from the VA for the following non-combat-related disabilities: 10 percent for Bone Condition (left Shoulder), 20 percent for Diabetes Mellitus, and 50 percent for Sleep Apnea Syndromes. There is no evidence in the available records which show that the applicant sustained a VA rated disability as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war.
4. 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. The applicant has not stated that a particular injury caused any of his VA rated disabilities. As stated above, the fact that a disability was incurred in a theater of operations or during a training exercise is insufficient, in and of itself, to warrant approval of CRSC.
3. Without evidence to establish a direct, causal relationship between the applicants VA rated disabilities and war or the simulation of war, there is insufficient basis in which to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_JTM___ __CD___ __RMN___ 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.
___John T. Meixell___
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 | CY2007 | 20070009699
The applicant requests, in effect, that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). The applicant has not stated that a particular injury caused any of his VA rated disabilities. Without evidence to establish a direct, causal relationship between the applicants VA rated disabilities and war or the simulation of war, there is insufficient basis in which to grant his request.
ARMY | BCMR | CY2006 | 20060014360
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 | CY2007 | 20070011859
The applicant requests, in effect, that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). 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. 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...
ARMY | BCMR | CY2006 | 20060000884C070205
Peguine M. Taylor | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. Without evidence to establish a direct, causal relationship to the applicant’s VA rated disabilities to war or the simulation of...
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 | 20060007947C070205
Scott W. Faught | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). CRSC determinations require evidence of a direct, causal relationship to the military retiree’s VA rated disabilities to war or the simulation of war.
ARMY | BCMR | CY2009 | 20090001912
The applicant requests, in effect, that his records be corrected to show his schizophrenia 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 of itself, sufficient to...
ARMY | BCMR | CY2005 | 20050003955C070206
The applicant requests that his Department of Veterans Affairs (VA) rated disabilities for impaired hearing (100 percent) and tinnitus (10 percent) be approved for Combat-Related Special Compensation (CRSC). The applicant provides the denial of his request to reconsider his CRSC application, excerpts from his military records, and VA rating decisions. Without evidence to establish a direct, causal relationship to the applicant’s hearing loss and tinnitus to war or the simulation of...
ARMY | BCMR | CY2009 | 20090002235
The applicant requests, in effect, that his records be corrected to show his leukemia 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 his disabilities are qualifying for award of Combat-Related Special Compensation (CRSC). Notwithstanding the applicant's contention, there is no evidence in the available record and the applicant has not provided...
ARMY | BCMR | CY2009 | 20090003937
The applicant requests, in effect, that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). There is no evidence in the available record and the applicant has not provided evidence which shows that he sustained a VA rated disability as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war. Without evidence to establish a direct,...