IN THE CASE OF:
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100015325
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 that the U.S. Army Physical Disability Agency (USAPDA) determination be corrected to show he is eligible for Combat-Related Special Compensation (CRSC) for his arteriosclerotic heart disease.
2. The applicant states the Department of Veterans Affairs (VA) determined his arteriosclerotic heart disease was related to Agent Orange. He states that when his medical conditions were reviewed on 8 April 2004, Agent Orange was not on the list of diseases for CRSC.
3. The applicant provides a letter from the USAPDA, dated 8 April 2004, and a letter from the VA, dated 28 April 2010.
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 VA for combat-related disabilities if it weren't 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, especially 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. 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 8 April 2004, the USAPDA CRSC Branch verified that the applicant's diabetes mellitus was caused by a combat-related situation and awarded a total 20-percent combat-related disability. The USAPDA informed the applicant that he was receiving combat-related special monthly compensation for this disability. The USAPDA CRSC further indicated they were unable to verify as a combat-related disability the following conditions: arteriosclerotic heart disease, kidney involvement in systemic disease, circulatory condition, and hypertension. Specifically, the VA informed the applicant that service connection for ischemic heart disease and coronary artery disease were previously established as hypertensive vascular disease status post-coronary artery bypass graft associated with hypertension and rated at 100 percent.
3. There is no evidence in the available record which shows the arteriosclerotic heart disease was sustained as a direct result of armed conflict, especially hazardous duty, training exercises that simulate war, or caused by an instrumentality of war.
4. The Under Secretary of Defense for Military Personnel Policy provided policy guidance on the processing of CRSC appeals. The guidance states 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 especially hazardous duties such as parachuting or scuba diving.
2. The applicant stated his arteriosclerotic heart disease was directly caused by Agent Orange. Notwithstanding the applicant's contention, there is no evidence in the available record and the applicant has not provided sufficient evidence which shows his medical condition is the result of exposure to Agent Orange.
3. Without evidence to establish a direct, causal relationship between the applicant's 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 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) AR20080017498
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100015325
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130003774
He provides: * a self-authored statement, dated 13 February 2013 * his DA Form 199 (PEB Proceedings), convened on 2 March 2010 * his Department of Veterans Affairs (VA) Rating Decision, dated 8 December 2011 * a letter from U.S. Army human Resources Command (HRC) CRSC Branch, dated 13 December 2012 * two letters of support, dated 12 July and 27 August 2012 CONSIDERATION OF EVIDENCE: 1. Eligible members are those retirees who have 20 years of service for retired pay computation (or 20 years...
AF | BCMR | CY2011 | BC-2011-04675
While service connection for disabilities is required for initial eligibility for CRSC consideration, CRSC criteria is more stringent and requires documentation to support a qualifying combat-related event as the direct cause of a disability. For hypertension to qualify for CRSC, it must be either secondary to a combat-related condition (such as diabetes or a heart condition contracted by exposure to Agent Orange) or presumptive to Prisoner of War (POW) internment and this must be so...
ARMY | BCMR | CY2005 | 20050004846C070206
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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...
ARMY | BCMR | CY2004 | 2004095679C070208
The applicant requests that his Department of Veterans Affairs (VA) rated disability for coronary heart disease be considered combat related. As such, without specific evidence that the applicant’s coronary artery disease was the direct, sole result of his diabetes, there is no basis for granting his request. The denial of the applicant’s request does not mean he will not be compensated for his service related disabilities.
AF | BCMR | CY2013 | BC-2013-00884
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00884 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His service connected disabilities of high blood pressure and coronary artery disease (CAD) be re-evaluated under the Combat Related Special Compensation (CRSC) program. As such, we agree with the opinion and recommendation of the Air Force office...
AF | BCMR | CY2006 | BC-2004-03549
On 9 Oct 69, a Physical Evaluation Board (PEB) recommended he be placed on the Temporary Disability Retired List (TDRL) with a combined compensable rating of 70%, with a diagnosis of arteriosclerotic heart disease and gout. Since the 1994 NAS Report, the DVA does not grant presumptive service connection for atherosclerotic heart disease unless it has been medically established that the heart disease was due to non-insulin dependent diabetes mellitus associated with Agent Orange. For...
ARMY | BCMR | CY2005 | 20050010813C070206
Rea M. Nuppenau | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his Department of Veterans Affairs (VA) rated disability for arteriosclerotic heart disease be approved for Combat- Related Special Compensation (CRSC). The applicant provides the partial denial of his request to reconsider his CRSC application; his separation document; a statement from a military physician who states that the...
ARMY | BCMR | CY2005 | 20050011369C070206
Linda D. Simmons | |Member | The Board considered the following evidence: Exhibit A - Application for correction of 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. The CRSC criteria is specifically for those military retirees who have combat related disabilities.
ARMY | BCMR | CY2015 | 20150002524
The applicant provides: * Congressional correspondence * Medical Evaluation Board (MEB) Proceedings * Character reference letter * Physical Evaluation Board (PEB) Proceedings * Retirement orders * CRSC applications * Denial letters from HRC COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. On 26 March 2014, he again applied for reconsideration providing additional documentation from his service medical records and the relevant VA disability rating decisions showing the deviated septum condition...
ARMY | BCMR | CY2008 | 20080018831
The applicant requests, in effect, that all of his Department of Veterans Affairs (VA) rated disabilities be approved for Combat-Related Special Compensation (CRSC). Specifically, the VA determined the following conditions to be service-related but there is insufficient evidence to show that they were combat-related: a. Without evidence to establish a direct, causal relationship to the applicants VA rated disabilities to war or the simulation of war, there is insufficient basis in which...