CONCURRENT RECEIPT &
Combat Related Special Compensation (CRSC)
The whole issue of non-concurrent receipt of Military Medical Retirement Pay and Department of Veterans’ Affairs Disability Compensation is rooted in Title 38 of the United States Code—“Prohibition against duplication of benefits”
Title 38, Part IV, Chapter 53, Section 5304 outlines the role of Veterans' Benefits
The specific portion of this is found in: Title 38 Veterans’ Benefits; Part IV General Administrative Provision; Chapter 53 Special Provision Relating to Benefits; Section 5304 Prohibition against duplication of benefits which says:
“(a) (1) Except as provided in section 1414 of title 10 or to the extent that retirement pay is waived under other provisions of law, not more than one award of pension, compensation, emergency officers’, regular, or reserve retirement pay, or initial award of naval pension granted after July 13, 1943, shall be made concurrently to any person based on such person’s own service or concurrently to any person based on the service of any other person.
(2) Notwithstanding the provisions of paragraph (1) of this subsection and of section 5305 of this title, pension under section 1521 or 1541 of this title may be paid to a person entitled top receive retired or retirement pay described in section 5305 of this title concurrently with such person’s receipt of such retired or retirement pay if the annual amount of such retired or retirement pay is counted as annual income for the purposed of chapter 15 of this title.”
However, with our Warriors in Transition Wounded Warriors (WT WWs) there is an exception to Title 38 provisions against duplication of benefits ”concurrent receipt.” It is the Combat-Related Special Compensation (CRSC) Program.
CRSC
Program History
Since the late 1800's, retired veterans with disabilities waived their regular retired pay to receive Veterans Administration (VA) disability compensation. This system has been unique to military retirement, since all other Federal service retirees are entitled to receive their full regular retirement and disability compensation.
Enacted by Congress on December 2, 2002, the Combat-Related Special Compensation (CRSC) program restores military retired pay to eligible retired veterans with combat-related injuries.
The logic for full concurrent receipt (without a CRSC work-around) is:
1) Each military member “deposits” monies from that FY’s MPA Appropriations Act into the Department of Defense Military Retirement Fund. It is much like an IRA account except the deposits are not tied to a specific individual. So the money to pay full retirement benefits is there!
2) All other Federal employees (e.g., DoD civilians) automatically draw FULL concurrent receipt of their retired pay and any disability compensation payments.
However Congress has been wrestling for full concurrent for the military for a number of years—at least back to 2002—and has yet to pass legislation that authorizes full concurrent receipt for military retirees. Usually the proposed legislation (a “Bill”) is titled “Retired Pay Restoration Act of ____” and there are several versions in both the House of Representatives (HR 1234) and Senate (S. 1234).
The CRSC program is a special part of a larger legislative initiative to restore military retirement compensation that is on par with Federal service benefits.
As a result of this legislation, Congress authorized the CRSC Program for disabled retired veterans: Combat-Related Special Compensation (CRSC) Program.
That legislation is codified in Public Law, Chapter 71 of Title 10 Unites States Code (USC).
What is CRSC?
Combat-Related Special Compensation (CRSC) is a form of concurrent receipt which is paid monthly. It restores military retired pay that is offset when a Military Retiree accepts compensation from the Department of Veterans Affairs (VA) for a disability or condition that can be attributed to a combat-related event as defined by the Department of Defense (DoD) program guidance. This allows eligible Retirees to concurrently receive an amount equal to or less than their length of service retirement pay and their VA disability compensation, if the injury is combat-related.
What are the benefits of CRSC?
| Benefit Information |
CRSC |
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Full Concurrent Receipt
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Yes
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VA Rating Starts At
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10%
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Federal Tax
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Tax Free
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File Claims
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Must Apply
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Qualified Injury
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Combat-Linked
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Subject to Uniform Services Former Spouse Protection Act (USFSPA)
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No
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SBP (Survivor Benefit Plan)
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No
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Available to medical retirees with less than 20 years of service
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Yes
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Available to TERA Retirees
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Yes
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What are the eligibility requirements for to receive CRSC?
To be eligible for CRSC, you must meet all of the following:
- You are eligible to receive Retired military pay.
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You elected to have your military retired pay reduced by the amount of the VA disability payment (VA Waiver).
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You were awarded a 10% or greater service connected disability or condition from the VA that meets the definition of combat-related as defined by DoD guidance.
Overview: CRSC is designed to offset the VA disability compensation subtracted from retired pay due to the law against concurrent receipt.
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Includes military service members with less than 20 years service. The National Defense Authorization Act (NDAA) for Fiscal Year 2008 expanded Combat-Related Special Compensation (CRSC) eligibility to include those who were medically retired under Title 10 U. S. Code, Chapter 61 and TERA retirees with less than 20 years of service, effective January 1, 2008.
- The 2008 National Defense Authorization Act (NDAA) was signed into law on January 28, 2008.
- Definition: A Chapter 61 retiree is anyone who was medically retired from military service under Chapter 61, Title 10 US Code. This includes TDRL retirees.
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Documentation Required: Medically retired Veterans must still provide official documentation that shows a causal link between a current VA disability and a combat-related condition.
o AC, RC, NG with 20 credible years of service or permanent medical retirement or TERA retiree (not disability serverance)
o 10% or greater VA rated injury, which meets the criteria for combat-related per program guidance
o Receiving military retired pay
o Military retired pay is reduced by VA disability payments (VA Waiver)
- Combat Related includes:
- Simulating War (SW) – i.e. tactical road march
o Hazardous Service (HS) – i.e. parachute or Airborne operations
o Instrumentality of War (IN) – i.e. military vehicles
o Armed Conflict (AC) – i.e. enemy fire
Chapter 61 of Title 10 U.S.C.—retirees with less than 20 years credible service for retirement:
The 2008 National Defense Authorization Act (NDAA) was signed into law on January 28, 2008. It expanded the eligibility of CRSC to include anyone receiving military retired pay. This includes: Medical Chapter 61, Temporary Early Retirement Act (TERA) and Temporary Disabled Retirement List (TDRL) retirees. These new eligible components for CRSC went into effect January 1, 2008. Medical and TERA retirees must still provide documentation that shows a causal link between a current VA disability and a combat related event.
APPLICATION:
All retirees who believe that they may have a Combat-Related disability are encouraged to apply for “COMBAT-RELATED SPECIAL COMPENSATION (CRSC)” through their parent service provided they meet the following two basic eligibility criteria”
(1) Be in receipt of or be entitled to retired pay regardless of years of service (Reserves and National Guard must be of retirement age, “IF” NOT RETIRED FOR DIABILITY—Reserves and National Guard personnel retired for Disability (Military Medical Retirement) are eligible regardless of age or “points” accumulated.
(2) Have a combined Department of Veteran Affairs Disability rating of at least 10 percent with some or all military retired pay waived to receive VA Disability Compensation.
A CRSC information paper provides program and includes service points of contact (POCs): http://www.defenselink.mil/phrome/docs/CRSC_Info_Paper_May_08.pdf
If the retired WW needs assistance completing this form, have them consult with the agency from which they retired (or another agency, as appropriate). For our WT WWs, have them go through the AW2, AFW2, Navy Safe Harbor representative.
CRSC applications cannot be submitted until the service member is retired.
Army: 1-866-281-3254 http://www.crsc.army.mil/
Navy & Marine Corps: 1-877-366-2772 http://www.hq.navy.mil/corb/crscb/combatrelated.htm OR http://www.donhq.navy.mil/corb/crscb/crsc,aom[age.htm
Air Force: 1-800-525-0102 http://ask.afpc.randolph.af.mil OR http://www.afpc.randolph.af.mil/library/combat.asp DoD: http://www.defenselink.mil/prhome/crsc.html
DFAS: http://www.dod.mil/dfas/retiredpay/combat-relatedspecialcompensationcrsc.html
Coast Guard: http://www.uscg.mil/hq/cgpc/adm/adm1.htm
ARMY:
U.S. Army Human Resources Command U.S.
ATTN: AHRC-DZB-CRSC
200 Stovall Street
Alexandria, VA 22332-0470
COAST GUARD:
Commander (PSC-PSD-de)
Personnel Service Center
U.S. Coast Guard Stop 7200
4200 Wilson Boulevard, Suite 1100
Arlington, VA 20598-7200
NAVY AND MARINE CORPS:
Secretary of the Navy
Council of Review Boards
ATTN: Combat Related Special Compensation Branch
720 Kennon Street SE, Suite 309
Washington Navy Yard, DC 20374-5023
NOAA CORPS:
Director, Commissioned Personnel Center
8403 Colesville Road, Suite 500
Silver Spring, MD 20910-6333
AIR FORCE:
United States Air Force
Disability Division (CRSC)
HQ AFPC/DPPDC
550 C Street West, Suite 6
Randolph AFB, TX 78150-4708
PUBLIC HEALTH SERVICE:
United States Public Health Service
Compensation Branch
Program Support Center, ESS
5600 Fishers Lane, Room 4-50
Rockville, MD 20857-0001
Additional Information:
The Defense Finance Accounting Service (DFAS) handles all CRSC payments. They review your retirement pay (both length of service and disability if applicable), disability percentage, VA Waiver amounts, and more before any dollar amounts are decided. If you have a question about your CRSC payment, you should contact DFAS at 1-800-321-1080 or visit www.dfas.mil and click retirement pay for more information.
Additional Requirements
Chapter 61 claimants that received a severance package are not eligible since they are not receiving retired pay, therefore there is no VA to retired pay, which CRSC would replace offset.
Submitting a Claim:
- Required documentation includes:
- A signed claim form
- Copy of Chapter 61 medical Board results (Chapter 61 claimants only)
- Copies of ALL VA rating decisions which include the letter and the narrative summaries
- Copies of ALL DD214’s
- Medical records that support “HOW” the specific disability being claimed meets the combat-related criteria
- Medical records that do not pertain to a combat-related disability
- Electronic media, EKGs, lab slips, or dental records (unless combat-related)
- Our website will be kept updated with program guidance and claim information.
Use the website at www.crsc.army.mil and to email use the following address:
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. The call center number is 1-866-281-3254.
If you still have questions, please contact the CRSC Service Center!
Toll Free: 1-866-281-3254 E-mail:
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, website: www.crsc.army.mil
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