IN THE CASE OF:
BOARD DATE: 11 June 2009
DOCKET NUMBER: AR20080018357
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 his records be corrected to show his medical conditions were 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 disability be considered eligible for award of Combat-Related Special Compensation (CRSC).
2. The applicant states, in effect, that he developed numerous medical conditions while in a combat zone.
3. The applicant provides a CRSC Reconsideration Decision, dated 18 August 2008, and medical documentation in support of this application.
CONSIDERATION OF EVIDENCE:
1. CRSC, as established by Title 10, U.S. Code, section 1413a, as amended, provides for the payment of the amount of money a military retiree would receive from the Department of Veterans Affairs (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 percent 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 percent disabled or who are rated at least 60 percent disabled as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war.
2. On 18 August 2008, the U.S. Army Physical Disability Agency (USAPDA) CRSC Branch informed the applicant that his diabetes, erectile dysfunction, hemorrhage of the eye, hypothyroidism, limited extension of right knee, limited motion of left ankle, cervical strain, major depressive disorder, paralysis of external popliteal nerve, paralysis of median nerve, and tinnitus were not qualifying conditions because there was no evidence to show that a combat-related event caused the condition.
3. There is no evidence in the available records which indicate the applicant's medical conditions were sustained as a result of a combat-related event.
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 stated that his numerous medical conditions were incurred while he was in a combat-related situation. Notwithstanding the applicant's contention, there is no evidence in the available records and the applicant has not provided sufficient evidence which shows that his medical conditions were sustained during combat action or simulation of war. 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. Unfortunately 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
___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) AR20080018357
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080018357
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080017498
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 percent disabled or who are rated at least 60 percent disabled as a direct result of armed conflict, specially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war. Notwithstanding the applicant's contention, there is no evidence in the available record and the applicant has...
ARMY | BCMR | CY2011 | 20110025239
The applicant states the people who made the decision on his CRSC claim did not take training for combat into account which is actually a simulation of war. This guidance states that 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 disability to war or the simulation of war, there is insufficient basis...
ARMY | BCMR | CY2006 | 20060006010C070205
The applicant requests that his Department of Veterans Affairs (VA) rated disabilities for impaired hearing and tinnitus be approved for Combat- Related Special Compensation (CRSC). By the time he returned from Vietnam his hearing had deteriorated to the point where he had to be issued hearing aids. Without evidence to establish a direct, causal relationship to the applicant’s VA rated disabilities to war or the simulation of war, there is insufficient basis in which to grant his request.
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 | CY2005 | 20050003005C070206
Kenneth W. Lapin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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 CRSC. However, medical records must establish that a military retiree was...
ARMY | BCMR | CY2005 | 20050001736C070206
The applicant provides the denial of his request for reconsideration of his CRSC application, his VA disability ratings, and excerpts from his military records. 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. Due to cost constraints, while all military retirees who are rated 50 percent or more disabled by the VA will...
ARMY | BCMR | CY2005 | 20050001736C070206
The applicant requests that his Department of Veterans Affairs (VA) rated disability for condition of the nervous system be approved for Combat- Related Special Compensation (CRSC). The applicant provides the denial of his request for reconsideration of his CRSC application, his VA disability ratings, and excerpts from his military records. Due to cost constraints, while all military retirees who are rated 50 percent or more disabled by the VA will eventually receive concurrent receipt of...
ARMY | BCMR | CY2011 | 20110011116
The VA Rating Decision, dated 14 February 2009, indicates the applicant's PTSD was not incurred in or caused by military service and, therefore, was not considered to be service connected. The VA Rating Decision, dated 5 November 2010, indicates the applicant was granted service connection for PTSD rated at 30-percent disabling. The available evidence clearly shows the applicant's requests for CRSC were denied because the available evidence failed to show his medical conditions were...
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 | 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...