Question RE 100% CRSC pay with 60% cumulative combat-incurred ratings - true? in Combat Related Special Compensation (CRSC) Forum

0 Points

Question RE 100% CRSC pay with 60% cumulative combat-incurred ratings - true?

Author

Comment

LMY3

Question RE 100% CRSC pay with 60% cumulative combat-incurred ratings - true?

Lead

[-]

Posts: 23

Feb 24 12 11:36 PM

I have read that if a Ch 61 w/30% med ret becomes perm total 100% with at least 1 rating at 40% and at least 60% in combined combat-incurred ratings then the veteran would automatically be eligible for total CRSC at 100%....if s/he has an IU letter. Since my husband is schedular 100% perm total, the IU isn't applied to someone in his circumstances -- would he still qualify if it is true? If not, how would his potential CRSC pay and retro work out for him please? Thankyou for your time.

Edited 3 times by LMY3 May 21 12 6:24 PM.

Reply Quote

Advertisement

dally7777

#1

[-]

Posts: 3245

Feb 25 12 1:44 AM

Your Post has a lot of questions in it; and I can't decipher which one of his VA rating have been APPROVED as a CRSC disability.

Since your husband is 100% schedular the IU calculation does not apply to him.

Were the 17.5 years all active duty?
What year did he medically retire?

Have you received the approval letter from CRSC yet?

Reply Quote

LMY3

#2

[-]

Posts: 23

Feb 25 12 10:03 AM

Thanks for fielding my rambling questions - I bolded key info and highlighted the responses to your specific follow-up ?s among my comments so you can easily trudge through my post.

In response to your question: PERM MED RETIRED 05 JULY 83 W/30% -
All 18 YEARS, 11 MOS SERVICE WAS REGULAR ARMY, CONTINUOUS ACTIVE DUTY from (AUG 1964-JULY 1983) - all 11B and 11C MOS. (Noticed you pulled 17.5 years from something -- not this post tho

I requested special additional CRSC consideration that his ongoing daily post-war duties required him to engage in ongoing war-simulation exercise and haz duty (manipulating explosives, munitions, hand to hand, bayonet training, etc.). Additionally, his service record shows he had been assigned to train combat troops in ongoing simulated combat exercises, etc. daily for the last 5 years of service. He has supporting documentation in service records and medial records to corroborate even the SC conditions not indicated outright as "combat" should be considered eligible due to the war sim/haz duty relationship.

Vietnam Combat service : 19JAN65-15APR67 and 07NOV70-18JUN71
he has received the required Vietnam service and award commendations to show consideration warranted for AO but not rated for that. Army CRSC rep indicated they would evaluate him as if he were presumed AO.

The following info in parenthesis is directly indicated in his list of ratings as verified combat incurred:
     30% R knee (Vietnam, secondary) Rated Jan 2005
     30% PTSD (Vietnam) Rated Oct 2005
     add'l unevaluated combat rating for Agent Orange (we were informed by DFAS Army rep that he would automatically be evaluated as rated for that due to his service awards and time of service in Vietnam.
     Combat incurred hearing loss and tinnitus (documented rating is forthcoming at 30%) but didn’t go up w/packet.

My thoughts were that his (established and qualifying combat ratings of) 60% (as well as equivalent IU status being 100% scheduler perm total), that even without the add'l combat ratings forthcoming, this would raise his CRSC to 100% based on what I’ve read)
     "… If your CRSC disability, or combination of CRSC disabilities, is at least 60% and you are also rated unemployable, then you will be paid at the unemployable (100%) rate; and, if eligible, the payment can be retroactive.

I don't have the CRSC approval letter since we just submitted his packet yesterday.
I only found out about CRSC (Ch 61 elibility) in November 2011 and took this long to gather what I did for his records from National Archives and VA.

Thank you for taking time to share your expertise and guidance. I really appreciate your help.

Edited 4 times by LMY3 Feb 25 12 11:31 AM.

Reply Quote

dally7777

#3

[-]

Posts: 3245

Feb 25 12 9:07 PM

Since he is a Chapter 61 retiree the earliest effective date for CRSC payment will be Jan 2008.

Agent Orange is not a rateable disabilty but there are presumptive diseaseas that are.

From your post I only see the 30% for PTSD as cut &dry CRSC approval.

What is the Left knee "secondary" to?

You will have to prove the origin of the disabilty that the knee is secondary to before the left knee can be CRSc approved.

What ratings does your husband have currently?

Reply Quote

dally7777

#4

[-]

Posts: 3245

Feb 25 12 9:11 PM

What VA ratings are these?

add'l unevaluated combat rating for Agent Orange (we were informed by DFAS Army rep that he would automatically be evaluated as rated for that due to his service awards and time of service in Vietnam.

If you do not have a VA rating; CRSC can not be approved for it.

I saw you listed the VA ratings in the first post so you can disregard that request.

Reply Quote

Advertisement

LMY3

#5

[-]

Posts: 23

Feb 25 12 11:43 PM

Thank you for the response. The VA rating for his L knee is based on jumping from helicopters in Vietnam and medical notes substantiate that by stating the following in the treatment notes:

"MULTIPLE JOINT INJURIES tied to serving in Army Infantry during Vietnam service, jumping out of helicopters, etc. No problems prior to military service. Constant bilateral hand and elbow pain, bilateral hip pain, cannot use hand(s) at all."

All his ratings are for his limbs and total immobility as a result of trama from war, daily/month-long combat simulations, and haz duty. Interestingly enough, all the other ratings only indicate presumptive and service-connected.

Those (the L knee and PTSD) were the only 2 that specifically state they were the result of Vietnam service. I will be obtaining the hearing/tinnitus combat related ratings so hopefully that will provide enough increase for him to recover his retirement pension he is due.

Thanks so much for your responses.

Reply Quote

dally7777

#6

[-]

Posts: 3245

Feb 26 12 2:57 AM

When you state R Hand 40% do you mean Neuropathy? And where does it state that it is Presumptive?

I am not questioning that they are not a Presumptive; I am just trying to get the most accurate info so I can give the best advice.

It caught my attention because only Acute Neuropathy is a Presumption for Agent Orange. And it had to be resolved within 2 years.

If he has Chronic Peripheral Nueropathy then it is NOT a a presumptive condition for CRSC purposes.

----------------------------------------

VA benefits for acute and subacute peripheral neuropathy

Veterans with acute and subacute peripheral neuropathy that appeared within one year of exposure to Agent Orange or other herbicides to a degree of at least 10 percent disabling by VA’s rating regulations and resolved within two years may be eligible for disability compensation and health care.

Chronic peripheral neuropathy is not presumed by VA to be caused by exposure to Agent Orange.

-----------------------------------------------------------

Reply Quote

LMY3

#7

[-]

Posts: 23

Feb 26 12 4:22 PM

UPDATE: submitted the initial CRSC forms and med docs for consideration on 2012 FEB 27 - via 2 day expedited delivery. The case was assigned to a reviewer on 12 APR 2012. We received the CRSC award letter dated 2012 MAY 18 -- it was dated 2012 MAY 16.

Despite the VA Ratings Board Eval documents we provided specifically indicating that the impairment ratings for R and L knee are "Vietnam, Presumptive" conditions and submitting medical notes that indicate doctors cited jumping 1-2 stories from helicopters in 80-lb rucksacks into combat were the direct cause of his knee ratings being what they are, the CRSC Case reviewer denied everything but the 30% PTSD. The letter indicates that even though the rating was applied for 2005, missing the 6 year window for retro pay, being a CH 61 med retired combat veteran, the first date of eligibility for CRSC is 2008 JAN, and that his retro pay will go back to that date. I plan to appeal for the knee ratings.If anyone has a good source for working through that process checklist, I'd be grateful to you to share that.

I will post again when the actual pay and retro amount shows.

Thanks all for sharing your expertise, guidance, and support!

Edited 1 time by LMY3 May 19 12 4:40 AM.

Reply Quote

Yuku free message boards

Link to VBN User Agreement. By Using VBN, You agree to ALL TERMS.

Question RE 100% CRSC pay with 60% cumulative combat-incurred ratings - true?

Question RE 100% CRSC pay with 60% cumulative combat-incurred ratings - true?

VBN User Agreement

About VBN