CRSC and Hazardous Duty

All,
I was just made aware through a prior colleague of mine that CRSC isn't restricted to Combative Theater sustained injuries; special operations and hazardous duty qualifies as well. I am mid-stride in MEB/PEB process currently and, like many, I am seeking to maximize the financial position of my family come separation. I am a Diver with the Navy and I have developed neurological issues that are medically impossible to pinpoint an exact catalyst. The condition developed after exposure to water toxins and archaebacteria known to cause nervous system issue. If I am medically retired due to said condition, am I eligible to receive CRSC in CONJUNCTION with my VA disability? What, if any, documentation/medical endorsements would be needed in that instance. Thanks in advance.
-Jake

 

[RonG]

Hello Jake,

Each service has CRSC application guidance, including the Navy/USMC.

At the suggestion of Chaplaincharlie, a collection of CRSC material was gathered and is available for downloading at Supplement to CRSC Information <---LINK to CRSC Information

Per DFAS:
Eligibility
To qualify for CRSC you must:

• be entitled to and/or receiving military retired pay
• be rated at least 10 percent by the Department of Veteran’s Affairs (VA)
• waive your VA pay from your retired pay
• file a CRSC application with your Branch of Service

Disabilities that may be considered combat related include injuries incurred as a direct result of:

• Armed Conflict
• Hazardous Duty
• An Instrumentality of War
• Simulated War

---
CRSC replaces waived some or all of retired pay associated with service-approved combat related disabilities. It is paid in addition to VA compensation.

---

Free legal assistance to veterans is available to veterans who may qualify for CRSC. NVLSP has organized and trained a group of attorneys to help qualifying veterans apply for this benefit. Get more info and request free assistance with a CRSC application at https://www.nvlsp.org/ <--- FREE CRSC Help LINK

National Veterans Legal Services Program (NVLSP)

Ron

 

[DPC Jake]

RonG,
I will not be eligible to receive CRSC due to my time in. I received my findings of 20%DOD/100% P&T VA. I plan to take the severance pay offered. Do you know how that will affect my VA disability monthly pay (does it reduce the monthly by 20% until paid back or eradicate the entire monthly $3k+ until it's recouped? Additionally, if I accept the findings can I appeal to the SECNAV to reevaluate the combat-relatedness of my 20% DOD in order to keep the severance and my monthly entitlements?
Thanks,
DPCJ

 

[RonG]

RonG,
I will not be eligible to receive CRSC due to my time in. I received my findings of 20%DOD/100% P&T VA. I plan to take the severance pay offered. Do you know how that will affect my VA disability monthly pay (does it reduce the monthly by 20% until paid back or eradicate the entire monthly $3k+ until it's recouped? Additionally, if I accept the findings can I appeal to the SECNAV to reevaluate the combat-relatedness of my 20% DOD in order to keep the severance and my monthly entitlements?
Thanks,
DPCJ

Hello,

CRSC does not have "time in" requirement.

To qualify for CRSC you must:

--be entitled to and/or receiving military retired pay

--be rated at least 10 percent by the Department of Veteran’s Affairs (VA)

--waive the amount of VA compensation from your retired pay (i.e., your retired pay is reduced by amount of VA compensation)

--file a CRSC application with your Branch of Service

-----------------------
Recoupment of Disability Severance Pay by the VA.

The VA's internal manual [excerpt] is shown below. I have not seen an example.


Reference:
2. Determining the Amount to Recoup and Withhold From Monthly Payments

M21-1, Part III, Subpart v, Chapter 4, Section B - Recoupment of Separation Benefits See this ---->LINK


---->3. Instructions Unique to the Recoupment of Disability Severance Pay <----

Introduction

This topic contains instructions that are unique to the recoupment of disability severance pay, including identifying severance-pay disability(ies) using the Physical Evaluation Board (PEB) report general policies regarding withholdings to recoup disability severance pay definition of initial, compensable disability rating handling reduced disability ratings and disability severance pay disability severance pay for disabilities incurred in a combat zone or during combat-related operations determining whether a disability was incurred in a combat zone or during combat-related operations withholding compensation when the Veteran did not receive severance pay for all SC disabilities example of the assignment of a 100-percent disability rating to a non-severance-pay disability withholding an amount that is most advantageous to the Veteran, and changes in the disability ratings of multiple severance-pay disabilities.

END


Notes:
1. There are different types of separation payments. Ensure you review the Disability Severance Pay material.
2. The references cited are lengthy; it is impractical to paste into this post everything that pertains to Disability Severance Pay.

From the web page of an attorney:
I have multiple service-connected disabilities, but I only received Disability Severance Pay for one? How much will VA recoup?
When you receive disability severance pay, DoD will specify which disability (or disabilities) the disability severance pay is intended to cover. If you are later granted service connection for disabilities that are not related to your disability severance pay, VA is not allowed to withhold more than the amount to which you are entitled based on the non-severance-pay disability/disabilities. Essentially, VA can’t recoup the disability severance pay from the money you get for disabilities that were service connected after separation.

Perhaps someone who experienced the recoupment will chime in. This board has been active for a long time; surely others have offered their comments. A search feature is at the top right corner of the page.



Ron