Military Order of the Purple Heart NSO Training Orlando, Florida C. Jeffery Fryer, NSO Atlanta, GA

Transcription

1 C. Jeffery Fryer, NSO Atlanta, GA Combat-Related Special Compensation (CRSC) What s brewing?

2 Program Guidance ~Eligibility Requirements ~ Combat-Related Factors ~ CRSC vs. CRDP* *Concurrent Retirement and Disability Pay

3 What is CRSC? Military Order of the Purple Heart Combat-Related Special Compensation (CRSC) Congressionally mandated benefits program recognizing the sacrifice of eligible military retirees: - One of two concurrent receipt programs (06/01/2003); The other is CRDP (01/01/2004) - Replaces VA-disability compensation subtracted from retired pay - Provides monthly tax-free payments based on retiree pay and VA disability rating - Available to all retirees from all components and all branches of service

4 Who is Eligible for CRSC? ~ Must Have All Four~ 1. AC, RC, NG with Retirees: 20 years of Service Chapter 61 Medical** Temporary Disability Retired List (TDRL)** and Temporary Early Retirement Act (TERA)*** 2. 10% or greater VA rated disability that s combatrelated. 3. Receiving military retired pay. 4. Military retired pay is reduced by VA disability payments (aka VA waiver). *Program inception June 2003 **Medical Chapter 61 & TDRL retirees with one to 19 years of military service are eligible. ***TERA retirees with years are eligible for CRSC, but not if they chose severance payments at the time of their separation from active military service.

5 CRSC eligibility Cont. Injury/Illness claimed, must result from at least one of the following: - Simulated war acts (e.g. training) - SW - Hazardous Service (e.g. environmental exposures or combat) - HS - Instrumentality of War - IN - Armed conflict - AC All of the above includes Veterans Affairs (VA) presumptive injuries.

6 CRSC: Definitions Simulating War: Directly caused by military training. Injuries occurring at special training locations or during FTX s are not simulating war unless directly related to the training. PT, sporting events or accidents relating to maintenance are not considered simulating war. Hazardous Service: Includes aerial flight, parachute duty, demolition duty, diving duty and experimental stress duty. Disability must be directly caused by actual performance of hazardous duty. Example: Being a jumpmaster, having multiple jumps or being assigned to an airborne unit is NOT automatic evidence of cause for hazardous service. Instrumentalities of War: A vehicle, vessel or device designed primarily for military use or a non-unique device used in a particular hazardous manner by a military, or a civilian vehicle pressed into a combat-platform, i.e. mount machine gun. Incurrence during an actual period of war is not required. Used for its intended purpose; for example, injuries occurred during routine maintenance would not be considered combat related. Armed Conflict: Incurred while the soldier was engaged in armed conflict, was a POW or detained against his/her will by hostile forces and/or while attempting escape from POW status.

7 Similarities and Differences Benefit Information CRSC CRDP Full Concurrent Receipt Yes No - 10 Year phase in (Except 100% Ratings) ends 12/31/2013 VA Rating Starts At 10% 50% (No co-pays at VAMCs) Federal Tax Tax Free Taxed File Claims Must Apply Automatic Qualified Injury Combat-Linked Service Connected Subject to Uniform Services Former Spouse Protection Act (USFSPA) No (a) Yes SBP (Survivor Benefit Plan) 10/01/1972 No Yes Available to medical retirees with less than 20 years of service Yes No Available to TERA Retirees Yes Yes

8 Combat-Related Special Compensation (CRSC) Claim Form Section I: Personal Identification Section II: Preliminary CRSC Criteria Section III: Service History Section IV: Combat-related determination Section V: Documentation Inventory Section VI: Certification and Waiver Section VII: Signature

9 CRSC: Supporting Documents DO Submit: - A signed claim form (Not the NSO s responsibility to complete. However, use common sense if veteran has TBI/PTSD, etc.) - Copies of ALL VA rating decisions which include the letters and the narrative summaries (to include the Codesheet minus RVSR signature, from NSO or DVA) - Medical documentation from a Military Treatment Facility (MTF) or Veteran s Administration (VA) Medical Center - Copies of ALL DD214 s and DD215 s - Official documents that support HOW the specific disability being claimed meets the criteria for combat-related DO NOT Submit: - Electronic media, EKGs, lab slips, or dental records - Personal or Buddy statements The top two reasons CRSC claims are disapproved: 1. Documentation submitted does not tell HOW the injury occurred 2. The VA-rating decision Narrative Summary was not provided

10 CRSC Summary What is it? - Provides monthly tax-free payments based on Retiree pay and VA disability rating Who is Eligible? - Retirees whose retired pay is being reduced by VA disability payments How to qualify? - Injury or Illness claimed must result from Simulating War (SW), Hazardous Service (HS), Instrumentality of War (IN), or Armed Conflict (AC) How to file? - Submit DD Form 2860 with appropriate supporting documentation as outlined in Program Guidance

11 CRSC vs CRDP A Decision (Between the Veteran & DFAS) Some retirees could be eligible for both programs. Which one will benefit the retiree the most is going to be a very individualized decision. DFAS handles all payments of both programs and looks at retirement pay, disability percentage, offset, and more before any dollar amounts are decided. The retiree should review their individual situation along with the differences between the programs to make the most educated decision. Notes: a. Except as garnishment for alimony or child support and debt owed, to the U.S. b. A retiree may switch between programs during an annual Open Season between December and January. (see next slide for sample DFAS letter) For questions on CRSC, please contact the CRSC Service Center Toll Free: crsc.claims@us.army.mil. For questions on CRDP or open season, please contact DFAS Toll Free: Website:

12 CRDP/CSRS Annual Open Season Election

13 Combat-Related Special Compensation (CRSC) Questions? Jeff