Confusing even for this retired Lieutenant Colonel JAG – How to Calculate CRSC
CRSC Eligibility Under the PACT Act: What Veterans Need to Know
Receiving Combat-Related Special Compensation (CRSC) can provide a crucial financial benefit for Veterans by allowing them to receive both their full VA compensation and tax-free military pension without an offset. However, establishing CRSC eligibility can be complex, and recent changes under the PACT Act have expanded the conditions that qualify. If you’re seeking to apply or reconsider a denied CRSC claim, working with an experienced CRSC lawyer can greatly improve your chances of success.
This article presumes that you already understand the nature and application process for CRSC. If not, visit this article that we previously posted. https://www.citizensoldierlaw.com/citizensoldierlaws-take-on-combat-related-special-compensation/
Understanding CRSC and CRDP
CRSC is a form of concurrent receipt, just like Concurrent Retirement Disability Pay (CRDP). While both programs help overcome the VA and DOD offset, there are key differences:
- CRSC is for injuries sustained in combat or simulated combat situations and is tax-free.
- CRDP is for general service-connected disabilities and is taxable.
- Veterans approved for both can only receive one—typically, CRSC is more beneficial due to its tax-exempt status.
To qualify for CRSC, a Veteran must provide sufficient documentation proving their disability is combat-related, which has historically been a challenge. The PACT Act simplifies this process by broadening the list of presumptive conditions, making it easier for eligible Veterans to qualify.
How the PACT Act Expands CRSC Eligibility
The Sergeant First Class Heath Robinson Honor Our Promise to Address Comprehensive Toxics (PACT) Act of 2022 expands VA presumptive conditions related to toxic exposure, including burn pits, smog, and other environmental hazards in designated combat zones.
Key changes include:
- Presumption of Service Connection: If the VA grants service connection for a presumptive condition, it is presumed to be combat-related for CRSC purposes, unless there is evidence to the contrary.
- Easier Qualification for CRSC: Veterans who served in designated locations and developed certain conditions no longer need extensive documentation to prove a link between their service and disability.
This significant policy change allows more Veterans to qualify for CRSC, reducing the burden of proof that previously kept many from receiving the compensation they deserve.
Case Study: CRSC Submission Under the PACT Act
A recent case handled by Citizen Soldier Law involved an Army Veteran who developed asthma after a deployment to Afghanistan. The VA granted service connection based on a presumptive condition related to environmental exposure.
Our CRSC attorneys prepared a strong submission, including:
- Post-deployment health assessments
- Toxic air quality reports from the Veteran’s deployment location
- VA-rated presumptive condition confirmation
This case underscores the importance of leveraging the PACT Act to simplify the CRSC process. While our client had extensive supporting documentation, the VA’s presumptive condition rating alone was sufficient to prove combat-related eligibility.
Why Work with a CRSC Lawyer?
Applying for CRSC or reconsidering a denied claim requires legal expertise, especially when dealing with military bureaucracy and VA regulations. Our CRSC attorneys have over 100 years of combined military service, including retired JAG officers, Army paralegals, and medical professionals, to ensure your case is presented with the strongest possible argument.
We provide:
- Guidance on DD Form 2860 to maximize your chance of approval
- Legal representation for CRSC reconsiderations
- Personalized case evaluations to determine the best approach
We don’t take your case unless we believe we can prevail.
Get Help From a CRSC Attorney Today
The PACT Act has made it easier for Veterans to qualify for CRSC, but navigating the application and appeals process can still be challenging. If you’re filing for the first time or considering an appeal, Citizen Soldier Law is here to help.
Call us today to determine your CRSC eligibility and get the legal support you need to secure your full combat-related compensation.
