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  #21  
Old 19 August 2018, 19:56
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Originally Posted by Silverbullet View Post
What is the benefit of CRSC if I get my full retirement and VA pay each month? Is this CRDP?

Thanks

Typically if you receive retired pay with any VA disability it is more than CRSC.

I got awarded a 20% CRSC for an injury due to a MFF jump in training. At the time, I was 40% VA disabled but filed just for the hell of it.

Unless you have no or very little VA disability it's not even worth filling out the paperwork since you can't draw CRSC and VA disability concurrently.

However, a CRSC approved claim will help support a VA disability claim or increase.
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  #22  
Old 19 August 2018, 20:20
Fu King Lawyer Fu King Lawyer is offline
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Originally Posted by Silverbullet View Post
What is the benefit of CRSC if I get my full retirement and VA pay each month? Is this CRDP?

Thanks
SB,
CRSC is generally more advantageous as CRSC is tax free.

Your VA payment is tax free but was subject to the VA offset where you gave up a dollar for a dollar from your retirement pay for what you got from the VA. CRDP came along and allows you to receive your military retirement (taxable) and your VA check.

CRSC allows you to draw CRSC (from the military) that is a dollar for dollar offset from your retirement pay - but the CRSC is tax free. You continue to draw your full VA disability payment which is also tax free. Some can draw full VA, full CRSC so everything is tax sheltered and anything in retired pay over the CRSC comes to the retiree as taxable.

The answer is complicated by how much of your VA rating is combat related. Each service has their own website and rules (the law is the same) but compare your total VA rating with how much of it is due to war/hazardous duty/combat simulations/instrument of war. If everything in your VA rating is CRSC eligible, you are better off electing CRSC. There is an open enrollment period at the end of each year. So, you can go to your component and apply for CRSC. If granted - compare what is combat related, what is service connected but not combat related and then compare the two.

When, say 50% is combat related and your total VA rating is say 70% you will probably need to consult with a CPA/tax guru. Being able to shelter 50% tax free, may be worth giving up the 70% CRDP depending upon your effective tax rate.

Bottom line: Look at your VA ratings. Then go to your service component CRSC page and see what fits. If you apply, you will get open season on an annual basis to elect, and some people change back and forth depending upon their tax situation.

For those not in the military, the VA offset was believed to be unfair. If a soldier got injured and left service for a federal career, the veteran drew VA disability and full federal salary and ultimately full retirement. The VA disability kept coming.

The military member was never compensated by the VA for wounds until retirement/discharge and then lost that portion of retirement which was paid tax free by the VA. That is where CRDP came along or concurrent receipt of retirement pay and VA disability.

The lawmakers felt that those wounded in combat, or injured in hazardous duty should not be subject to taxation for that portion attributable to combat.

We have some links down in the Vet forum, but there are about 4.55 million receiving VA disability in some amount. VA ratings range from 0% to 100% using schedules with certain conditions rated as certain percent. There are slightly over 250,000 Vets rated 100% permanent and total disabled. However, there are a significant number of Vets drawing individual unemployability at the 100% rating due to a VA disability that makes it impossible for them to find meaningful employment.

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  #23  
Old 19 August 2018, 20:21
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Originally Posted by 1RiserSlip View Post
...Unless you have no or very little VA disability it's not even worth filling out the paperwork since you can't draw CRSC and VA disability concurrently.
Really? The whole purpose of CRSC is to make up for the VA offset to our retirement checks. I draw all three, and have since I retired.
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  #24  
Old 19 August 2018, 20:37
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Although my records show I was injured while in the field...that apparently is not enough for them. They said so. I don't quite see why it's not enough...since that is "simulating war," but I just don't have enough energy to fuss over it, for 20%.
They really place the burden on the claimant. There is no duty to assist or infer with CRSC claims.

I claimed several jump injuries which were granted quickly. My hands got frost bite in Ranger School with some long term neuro complications. I submitted that as part of my original claim and frost bite was denied. So, I submitted the Pamphlet from Ft Benning that described Ranger School as 58 days of combat simulation. My frostbite was turned down, again. One of the claims people at CRSC accepted my phone call and allowed me to ask questions. He pulled up my file. When he saw the medical records and VA exam that explained the freezing conditions that night and I was assigned to carry the M-60 that night (we had no gloves or snivel gear) CRSC then accepted the VA determination letter and granted CRSC for being injured (frostbite) by an instrument of war (the M-60) but it was clear they didn't want to open CRSC to everybody injured in Ranger School.

Don't know but suspect "field conditions" gets denied the same as injured in Ranger School.

Suggest you find a specific event that happened while there and link it to one of the CRSC criteria.
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  #25  
Old 19 August 2018, 20:46
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Really? The whole purpose of CRSC is to make up for the VA offset to our retirement checks. I draw all three, and have since I retired.
Then someone's bullshitting me. I get a letter at the end of every year asking if I want to continue my CRDP or CRSC. Since I'm 100% VA disabled it seems a no brainer because my CRSC is only 20%. However, I've never tried to increase my CRSC any further.

And since I'm so fucked up...when my 100% VA come through I planned on working no more and filed for SSN disability which went right through.

A lot of folks don't know that it's harder to get a 100% VA rating than SSN disability.

It's all so confusing and I guess subjective to each individuals case.
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  #26  
Old 19 August 2018, 20:48
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Originally Posted by 1RiserSlip View Post
Unless you have no or very little VA disability it's not even worth filling out the paperwork since you can't draw CRSC and VA disability concurrently.
Changed in 2004. Eligible retirees can now draw both concurrently.
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  #27  
Old 19 August 2018, 20:51
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Really? The whole purpose of CRSC is to make up for the VA offset to our retirement checks. I draw all three, and have since I retired.
I don't get how you have an offset. I draw my full VA and full retirement.

I thought the offset was done away with about 8 years ago.
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  #28  
Old 19 August 2018, 21:48
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Changed in 2004. Eligible retirees can now draw both concurrently.
Well, according to FKL initial post I'm well beyond the 6 yr time frame for filing. Besides, I don't want to go to war again with the VA or CRSC folks.

I live in an economically depressed state where a modest retirement income gets me by comfortably. Starting this year my retired pay is not taxed by my state.

Between my retirement, VA & SSN disability I get by fine.
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  #29  
Old 19 August 2018, 23:12
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I don't get how you have an offset. I draw my full VA and full retirement.

I thought the offset was done away with about 8 years ago.
Kinda. If you're over 50% you're eligible for CRDP, which means you'll get your VA money and full retirement. Under 50% (I'm at 30%) you can get CRSC, but as should be apparent from the posts in this thread it may or may not result in a full retirement equivalency.
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  #30  
Old 20 August 2018, 08:30
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Someone kindly sent me an explanation. What I'm still not sure of is the time period for filing. I'm way out of the dates. Does this preclude me from filing for go forward benefit? or does it just preclude me for filing for retroactive benefits under it?
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  #31  
Old 20 August 2018, 10:06
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Originally Posted by Silverbullet View Post
What is the benefit of CRSC if I get my full retirement and VA pay each month? Is this CRDP?

Thanks

CRDP is taxed, CRSC is not taxed...

This is better than just the extra $, it can have a yuge impact on your AGI, thus lowering the rate you pay on the rest of your taxable income...
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  #32  
Old 20 August 2018, 15:37
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Originally Posted by Silverbullet View Post
Someone kindly sent me an explanation. What I'm still not sure of is the time period for filing. I'm way out of the dates. Does this preclude me from filing for go forward benefit? or does it just preclude me for filing for retroactive benefits under it?

File for it! This is from the DFAS Site:
Retroactive Payment
In addition to monthly CRSC payments, you may be eligible for a retroactive payment. DFAS will audit your account to determine whether or not you are due retroactive payment. An audit of your account requires researching pay information from both DFAS and VA.

If you are due any money from DFAS, you will receive it within 30-60 days of receipt of your first CRSC monthly payment. If DFAS finds that you are also due a retroactive payment from the VA, we will forward an audit to the VA. They are responsible for paying any money they may owe you.

Your retroactive payment date may go back as far as June 1, 2003, but can be limited based on:
•your overall CRSC start date as awarded by your Branch of Service
•your Purple Heart eligibility
•your retirement date
•your retirement law (disability or non-disability)
•six-year barring statute
Disability retirees with less than 20 years of service will be automatically limited to a retroactive date of January 1, 2008 as required by legislation passed by Congress effective 2008.

All retroactive pay is limited to six years from the date the VA awarded compensation for each disability

Good luck
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  #33  
Old 21 August 2018, 20:34
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Concurrent Retirement and Disability Pay (CRDP)—
eliminates VA disability offset
• Disability retirement—must have VA disability rating of 50 percent or
greater and at least 20 years of service. However, CRDP does not
apply to any amount in excess of what would have been received
had the individual received a nondisability retirement.
• Nondisability retirement—must have VA disability rating of 50
percent or greater and be entitled to retired pay.

Combat Related Special Compensation (CRSC)
program—tax-free entitlement
• Combat-related injury incurred as a direct result of armed conflict,
hazardous duty, instrumentality of war, or simulated war.
• VA disability rating of at least 10 percent.
• Military personnel cannot receive both CRDP and CRSC.

page 11
https://www.gao.gov/assets/670/666267.pdf
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  #34  
Old 23 August 2018, 19:24
foxcolt13 foxcolt13 is offline
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I quit working in 2oo2, I was to sick and in pain, I'm 70% VA rated. can I get Social Security?
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  #35  
Old 23 August 2018, 23:12
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Originally Posted by foxcolt13 View Post
I quit working in 2oo2, I was to sick and in pain, I'm 70% VA rated. can I get Social Security?
You can try. They are tough and you will most likely need an attorney who will of course take a cut. I would need to know more about your health situation.

You can PM me with details.
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  #36  
Old 31 August 2018, 22:07
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I’m 100%, retired Marine(WIA RVN). I filled out the paperwork, included my DD-214; I was retired due to wounds. There is a formula they go by-rank and length of service I believe. I spend my $12.00 a month in retirement on coffee at Chick-FIL-A
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  #37  
Old 5 September 2018, 11:37
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Its all a battle, you have to fight for everything. I did get a lawyer and it helped. But the best help I got was from doing the Congressional Representative route; at the time I was living in Ca. and my rep was Congressman Darrel Issa. Everything I was claiming and appealing went through. I am now carrying a 90% rating with 80% being combat related. Issa got me 70/60 rating back in 2006. since then with all the follow-on surgery's it has increased to the current 90/80. But you have to claim it and provide all your documentation that justifies everything. This can mostly be done online when the site application works. Id be glad to chat with anyone offline if you want more information. just pm me. S/F
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  #38  
Old 5 September 2018, 11:48
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Originally Posted by NASDQ2015! View Post
Combat-Related Special Compensation (CRSC)

Combat-Related Special Compensation (CRSC) is an amount of money that a combat veteran receives each month in addition to whatever benefits they are receiving from the military and the VA. This is an exception to the general rule that prohibits a veteran from receiving payment from both the Department of Defense and the VA. The amount of the payment is based on several factors including; years of service, retired pay base, gross retirement pay, and combined disability rating of combat related service-connected conditions. Also, note that CRSC payments are not tax
CRSC is available to eligible veterans for certain injuries or conditions that are combat related. This can be broken down into three elements: (1) eligible veteran; (2) eligible conditions or injuries; and (3) conditions or injuries that are combat-related.
Who is an eligible veteran? To be eligible for CRSC, a veteran must be entitled to retired pay from a military service branch as a result of being medically retired, or as the result of serving at least 20 years. A deceased veteran is not eligible for CRSC. However, if a veteran applied for CRSC benefits before their death, the veteran’s estate is entitled to the CRSC benefits that would have been paid to the veteran.
What are eligible conditions or injuries? The only disabilities that are eligible are service connected disabilities that have at least a 10% rating.
What are combat-related conditions or injuries? The eligible conditions or injuries must be combat-related in order for the veteran to be entitled to CRSC. The following disabilities qualify as combat-related for purposes of CRSC: injuries incurred as a direct result of armed conflict; injuries incurred through an instrumentality of war; injuries incurred in the performance of duty under conditions simulating war; injuries incurred while engaged in hazardous service; and injuries for which the veteran was awarded the Purple Heart. Also, disabilities that were service connected based on a presumption of service connection will be presumed to be combat-related. Lastly, some secondary conditions can be considered combat-related if the primary service connected disability was considered combat-related.
A veteran can submit an application for CRSC at any time. However, be aware that CRSC is subject to a 6 year statute of limitations. This means that in order to receive full retroactive CRSC entitlement, the veteran must file their CRSC application within 6 years of the date of any rating decision that would potentially make them eligible for CRSC, or within 6 years of the date they become entitled to retirement pay, whichever is more recent. The effective date of the CRSC award is the date the veteran became legally entitled to the award. The following is a table that shows different effective dates and the corresponding eligibility criteria.
Effective Date Eligibility Criteria
June 1, 2003 At least 20 years of service AND receiving service connected disability compensation for a disability for which the veteran had been awarded a Purple Heart has combat related disabilities that are rated at least 60% disabling.
January 1, 2004 At least 20 years of service AND receiving service connected disability compensation for a disability for which the veteran had been awarded a Purple Heart OR receiving service connected compensation for a disability that is combat related.
January 1, 2008 At least 20 years of service OR less than 20 years of service and medically retired AND receiving service connected disability compensation for a disability for which the veteran had been awarded a Purple Heart OR receiving service connected compensation for a disability that is combat related.


To apply for CRSC, a veteran needs to file a DD Form 2860. A veteran should also file any DD 214s/215s, and all complete VA rating decisions, VA physician reports, and VA medical records. It is also beneficial to file any other medical records, award certificates and/or narratives, service medical records, military orders, and physical evaluation board proceedings.
Great Explanation
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  #39  
Old 5 September 2018, 12:46
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Again, I fit the 2008 rules change. I just wasn’t in long enough to really reap the rewards. I’m retired military, USMC, Post office , and draw SS. Umm, oh I’ll retired(no benefits) as a reserve deputy in Nov.
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  #40  
Old 5 September 2018, 18:43
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Purple36 Purple36 is offline
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Quote:
Originally Posted by Fu King Lawyer View Post
They really place the burden on the claimant. There is no duty to assist or infer with CRSC claims.

I claimed several jump injuries which were granted quickly. My hands got frost bite in Ranger School with some long term neuro complications. I submitted that as part of my original claim and frost bite was denied. So, I submitted the Pamphlet from Ft Benning that described Ranger School as 58 days of combat simulation. My frostbite was turned down, again. One of the claims people at CRSC accepted my phone call and allowed me to ask questions. He pulled up my file. When he saw the medical records and VA exam that explained the freezing conditions that night and I was assigned to carry the M-60 that night (we had no gloves or snivel gear) CRSC then accepted the VA determination letter and granted CRSC for being injured (frostbite) by an instrument of war (the M-60) but it was clear they didn't want to open CRSC to everybody injured in Ranger School.

Don't know but suspect "field conditions" gets denied the same as injured in Ranger School.

Suggest you find a specific event that happened while there and link it to one of the CRSC criteria.
Thanks, it was sooo long ago...I know the exercise and the event though.
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