IN THE CASE OF:
BOARD DATE: 2 September 2014
DOCKET NUMBER: AR20130020773
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, the widow of a deceased former service member (FSM), requests, in effect, correction of the FSM's records to show he applied for Combat-Related Special Compensation (CRSC) for Parkinson's disease at the time Parkinson's disease was added to the presumptive disease list in 2010.
2. The applicant states:
a. The FSM was diagnosed with Parkinson's disease in 2006; however, this disease was not added to the presumptive disease list for Agent Orange until 2010.
b. Her husband passed away in October 2011.
c. She just wants payment for the time Parkinson's disease was added to the list of presumptive diseases until the time of his horrible death.
d. She is not claiming survivor benefits. She finds the ruling to be in error because she is only claiming payment for the time her husband was alive and did not know about CRSC. She claims the FSM had the right to file a claim up until his death on 25 October 2011.
e. Her husband was very sick and was a very proud man and didn't even know to file a claim for his Parkinson's disease until her son came home from Afghanistan and made the FSM aware of the fact that Parkinson's disease had recently been added to the list of presumptive diseases.
3. The applicant provides a CRSC Reconsideration Request Form, dated 12 November 2013.
CONSIDERATION OF EVIDENCE:
1. After completing over 21 years of service in the Regular Army, the FSM retired in the rank of lieutenant colonel in 1984.
2. The FSM's death certificate shows he died on 25 October 2011 of respiratory failure, cardiac failure, electrolyte imbalance, and Parkinson's disease.
3. The applicant provided Department of Veterans Affairs (VA) documentation, dated September 2012, which shows the FSM was granted the following service-connected disability compensation for:
* Parkinson' disease (30 percent) effective 31 August 2010
* hearing loss (9 percent)
4. On 29 October 2013, the U.S. Army Human Resources Command (HRC) CRSC Branch disapproved the applicant's claim for CRSC for Parkinson's disease. The letter stated although the VA may retroactively award disabilities to the estate of the deceased veteran, these payments are made as a lump sum to the estate of the veteran and no VA offset amount is deducted from military retired pay. Therefore, the FSM is not entitled to receive CRSC payments for these newly-granted disabilities.
5. On 18 November 2013, the HRC CRSC Branch disapproved the applicant's request for reconsideration for CRSC for Parkinson's disease. The letter stated:
* CRSC is not subject to any of the survivor benefit provisions
* that office cannot process requests for CRSC that were submitted subsequent to the date of the veteran's death
6. CRSC, as established by Title 10, U.S. Code, section 1413a, as amended, states that 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. CRSC benefits are equal to the amount of VA disability compensation offset from retired pay based on those disabilities determined to be combat-related.
7. The VA website states the VA has recognized certain cancers and other health problems as presumptive diseases associated with exposure to Agent Orange or other herbicides during military service. Veterans and their survivors may be eligible for benefits for these diseases. Parkinson's disease is on the list.
DISCUSSION AND CONCLUSIONS:
1. The HRC CRSC Branch disapproved the applicant's request for CRSC for Parkinson's disease because that office cannot process requests for CRSC that were submitted subsequent to the date of the veteran's death.
2. It appears the applicant disagrees with the CSRC determination. She contends the FSM didn't know about CRSC prior to his death on 25 October 2011. He died, among other ailments, of Parkinson's disease.
3. After the FSM's death, the VA granted the FSM service-connected disability compensation for Parkinson's disease effective 31 August 2010.
4. As a matter of equity, it would be appropriate to correct the FSM's records to show he applied for CRSC for Parkinson's disease at the time Parkinson's disease was added to the presumptive disease list in 2010.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing the FSM applied for CRSC at the time Parkinson's disease was added to the presumptive disease list in 2010 and
b. paying the applicant any monies due as a result of this correction if otherwise eligible.
____________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) AR20130020773
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ABCMR Record of Proceedings (cont) AR20130020773
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