IN THE CASE OF:
BOARD DATE: 9 December 2008
DOCKET NUMBER: AR20080013772
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (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 hypertension and cardiomyopathy are combat related. The applicant argues that the CRSC Agency is refusing to grant 100 percent compensation for these condition and that he has medical documentation that supports his claim.
3. The applicant provides copies of all of his CRSC decisions including the final CRSC Reconsideration Decision with associated medical documentation and a letter from a cardiologist 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. Records show the VA rated the applicant's disabilities at 30 percent for Eczema, 70 percent for Post-Traumatic Stress Disorder, and 10 percent for Residuals of frostbite. These conditions were determined to be eligible for CRSC. These records further show that the cardiomyopathy and hiatal hernia could not be verified as combat-related illnesses.
3. On 11 July 2008, the U.S. Army Physical Disability Agency (USAPDA) CRSC Branch denied the applicants request for reconsideration of his previous request for CRSC. Specifically, the VA informed the applicant that his disabilities were previously awarded CRSC and verified the percentage and effective date. The applicant was advised that his cardiomyopathy and hiatal hernia conditions were unable to be verified as combat-related. It was also determined that the total combined percentage for combat-related disability previously awarded would not be changed.
4. The applicant provided a letter from a cardiologist which essentially stated that the applicant was a patient with a history of hypertension dating back to his return from the Republic of Vietnam. The cardiologist further stated that the applicant's condition has progressed over the years and the applicant has developed hypertensive heart disease. In closing, the cardiologist recommended that the applicant's disability rating be amended to show 100 percent.
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's records clearly show that the USAPDA determined that he is entitled to some CRSC benefits. However, there is no evidence and the applicant has not provided sufficient evidence to show that he is entitled additional CRSC benefits based on his heart condition. Additionally, there is no evidence in the available records and the applicant has not submitted sufficient evidence showing that his heart condition is a combat-related disability. Absent such evidence, there is no basis to grant relief in this case.
3. Although, there is insufficient evidence to grant the relief requested this by no means diminishes the applicants dedicated service to and sacrifices for a grateful nation.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ __X____ 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.
_______ _ _X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080014508
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ABCMR Record of Proceedings (cont) AR20080013772
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