Confusing even for this retired Lieutenant Colonel JAG – How to Calculate CRSC
Case Study on Asthma and Sleep Apnea OSA below: Understanding Changes in CRSC Eligibility Under the PACT Act
Usually VA payments are higher than military pension. A successful application for CRSC is a way to get your military pension, tax free, and your full VA compensation without an offset.
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/
Over 100 years of military service. Our retired Lieutenant Colonel JAG lawyers, retired Army Human Resources paralegal, Army JAG paralegal and doctor on staff, have been assisting injured Veterans with these applications for over six years out of the 11 years that we have been in existence as a law firm.
We’ll give it to your straight and not take your money unless we have a good faith basis to believe that we will prevail.
CRSC is concurrent receipt. So is CRDP, Concurrent Retirement Disability Pay. Both are means by which to overcome the VA and DOD offset. The VA Waiver removes all or some of your retired pay.
The Key to Understanding this gobbely-gook. CRSC is for injuries in combat or simulated combat situations. CRDP is for service connected injures while CRSC is tax-free and for direct combat or simulated injuries.
Three checks or payments, so to speak:
- Military retired pay with VA waiver reduction
- VA compensation in full based on your rating percentage
- CRSC – tax free payment for military injuries in combat and without a VA deduction for specific injuries.
More Conditions Eligible
The passing of the Sergeant First Class Heath Robinson Honor Our Promise to Address Comprehensive Toxics (PACT) Act of 2022 expands the VA presumptive conditions for service connection, expanding support to Veterans exposed to hazardous environments during their service. This new legislation acknowledges the health risks posed by burn pits, smog, and other environmental hazards encountered by Service Members in designated combat zones.
What is CRSC?
Combat-Related Special Compensation (CRSC) is a tax-free monthly benefit that provides additional financial support to retired Veterans with combat-related disabilities. For more information, please read our blog [LINK HERE] that provides more information.
To qualify for CRSC, a Veteran must meet several criteria, including that their disability must be classified as “combat-related”. This has historically been a contentious point, as establishing a direct link between combat related activity and specific health conditions requires supporting documentation beyond a Service Member’s statements. The introduction of the PACT Act seeks to address these difficulties by broadening the definitions of what qualifies as a service-connected disability, and in turn a potential combat-related disability.
Changes in CRSC Eligibility Under the PACT Act
The PACT Act broadens the scope of conditions the VA presumes are incurred from military service in designated combat zones due to exposure to particulate matter and other toxins. CRSC determinations will presume a disability to be combat-related when the VA rating determines service connection of presumptive conditions, unless there is evidence to the contrary.
For conditions that are not presumptive, Veterans must provide clear, direct evidence linking their medical conditions to a combat-related activity. However, under the PACT Act, Veterans who served in designated locations, and have developed certain conditions, are now presumed to have those conditions as a result of their service, making it easier to qualify for CRSC.
Case Study: Recent CSL CRSC Submission Leveraging the PACT Act
Recently, an Army Veteran sought our assistance in requesting CRSC for his service-connected asthma, which he began suffering from after his last deployment to Afghanistan. Please see below the argument our firm was able to make on behalf of this client.
This Service Member was able to present a comprehensive array of documentation to support his claim, from post-deployment health assessments, a specific incident, and a toxic air quality report. However, while these documents greatly strengthen this Veteran’s case, all that is required is the VA rated presumptive condition and documentation that demonstrates presence in a qualified location.
Conclusion
The PACT Act represents advancement in support and recognition provided to Veterans who have developed health conditions due to their service in hazardous environments. By expanding the list of presumptive conditions and simplifying the evidence required to establish a service connection, the Act eases the path for Veterans to receive CRSC. These legislative changes can provide crucial support to those who have sacrificed their health in service to their country.
For further information on if a condition qualifies as a VA presumptive condition please call us.
Make Citizen Soldier Law your first call if you need assistance filing either your initial or reconsideration request for CRSC. Our firm provides advice to Veterans on completing their DD Form 2860 to provide the best chance of prevailing on initial applications. If filing for a reconsideration, we urge you to consider the investment in retaining our services to give you the best chance at prevailing before exhausting your reconsiderations with your service’s CRSC office.
