Combat Related Special Compensation

1. Combat Related Special Compensation PEB Liaison Mr. Dean Trio

2. Assess Marines for eligibility and provide assistance in completing the application and gathering the relevant supporting documentation • Provide basic factual information about the program and help the Marine identify the appropriate supporting documentation • Identify cases where a combat related code was not identified by the PEB but other supporting documents can be used to apply successfully for CRSC

3. Enabling Learning Objectives • Identify the eligibility criteria for CRSC • Describe how the offset between Military Retired Pay and VA Disability Compensation works • Identify the various combat codes used by CRSC • Describe how CRSC payments are calculated • Identify the supporting documents that can be used in applying for CRSC and which eligibility criteria each supports • Identify the strongest supporting document for establishing combat relatedness • Identify the factors that weigh in favor of CRSC and the factor that weighs in favor of CRDP for Marines eligible for both programs • Describe the CRSC application process

4. CRSC Benefit Profile

5. Provide basic factual information about CRSC • Assess Marines for apparent eligibility during the Comprehensive Needs Assessment • Provide assistance completing the application and / or gathering the appropriate supporting documents • Provide guidance to Marines eligible for both CRSC and CRDP • Agree or disagree with a Marine’s stated sentiment that the restrictions in the CRSC program are not fair

6. Combat Related Special CompensationDefinition • Combat Related Special Compensation (CRSC) is a program that was created for disability and non-disability military retirees with combat-related disabilities.  It is a tax free entitlement that is paid each month along with any retired pay a Marine may already be receiving. DISCLAIMER CRSC eligibility criteria were last updated on January 1, 2008. This training presents only the eligibility criteria currently in effect. When assisting Marines who incurred disabilities before this date reach out to program management for guidance.

7. Eligibility for CRSC DISCLAIMER CRSC eligibility criteria were last updated on January 1, 2008. This training presents only the eligibility criteria currently in effect. When assisting Marines who incurred disabilities before this date reach out to program management for guidance. 1 A Marine may be eligible even if he is not receiving military retired pay because it is fully offset And 2 And 3 If a Marine is rated by the VA for more than one service connected condition and some, but not all, are combat related, he is eligible for CRSC but will receive a reduced amount And 4 • Instrument of War, or • Agent Orange, or • Radiation, or • Gulf War or Mustard Gas

8. Subject to Offset • Under current law, a retired Marine who is eligible to receive BOTH Military Retired Pay and VA Disability Compensation will have his Military Retired Pay subject to a dollar for dollar offset Because VA Disability Compensation is tax exempt, the Marine still comes out ahead of a non-disabled veteran with the same Military Retirement Pay entitlement CRSC was created by Congress with the intent of “making up” for a portion of the offset for combat wounded veterans Example SSgt Jones is entitled to Military Retired Pay of $1500; he is entitled to VA Disability Compensation of $1293. He will receive $1293 (tax exempt) from the VA and $207 (taxable in most cases) from the DoD

9. Combat Codes Every PH incident also qualifies under Armed Conflict. For injuries incurred after 1 JAN 2014 there is no advantage to establishing PH in addition to AC Key Commonly used by Marines in RCC Program Primarily used by Vietnam Veterans. Unlikely to be used by Marines in the RCC Program Not required to establish for Marines injured after 1 JAN 2004 Use by personnel on active duty currently is extremely rare Primarily used for WWII veterans exposed to Nagasaki or Hiroshima explosions. Unlikely to be used for Marines in RCC Program Examples and guidance for each combat code is found in Appendix A (page 5) of the CRSC application Primarily used by Gulf War Veterans. Unlikely to be used by Marines in the RCC Program

10. Calculating the CRSC Amount • Determine the “CRSC %” • If ALL VA rated conditions are combat related then the “CRSC %” is the same as the VA %. • If only some of the VA rated conditions are combat related then the “CRSC %” is what the VA % would have been if only the combat related conditions were considered • Determine the “Gross CRSC” • Apply the “CRSC %” and the Marine’s family structure (spouse and / or children) to the VA compensation tables • Now multiply this amount by .025 – or 2.5% and then by the Marine’s Years in Service (at discharge) • Determine Final CRSC • Take whichever is less: the Gross CRSC calculated above, or the amount by which the Military Retired Pay has been offset RCCs should be familiar with this process but should not quote particular dollar amounts to Marines and families When approved Marines will receive a CRSC letter. If they have questions they should contact their DISC or the Sergeant Merlin German Wounded Warrior Call Center

11. Supporting Documents Providing documentation to establish eligibility for both military retired pay and VA Disability Compensation establishes the offset by inference. Typically, establishing combat relatedness is the most difficult part of the application process

12. Establishing Combat Relatedness GOLD STANDARD Stronger evidence is on the outside

13. No Combat Code from PEB or VA • In 2013 the PEB has become much more cognizant of the importance of establishing combat relatedness during the Informal Board. However, there are still combat wounded Marines whose PEB Findings do not reflect that the injuries are combat related. These Marines have two approaches to applying for CRSC: • The best strategy is to apply for CRSC with other evidence first, then appeal to OJAG (CODE 13) if CRSC is denied. The advantages to this approach are: • Approval may come more quickly • “Two bites at the apple” • In PTSD cases the Marine may end up with the best of both worlds – PEB considers the PTSD to be non-combat and places Marine on PDRL vice TDRL while simultaneously CRSC is approved because the PTSD is combat related • However, if the Marine believes he meets the criteria for Combat Code-Armed Conflict appealing to OJAG is necessary to secure other benefits

14. Concurrent Retirement and Disability Pay • Concurrent Retirement and Disability Pay (CRDP) is another program that “makes-up” for the offset for eligible retirees. • Enrollment in CRDP is automatic if a Marine meets the eligibility criteria • A Marine can not receive both CRDP and CRSC at the same time CRDP Eligibility 1 Requirement is more restrictive than the corresponding requirement for CRSC And 2 And 3 Requirement is the same as for CRSC There is NO combat related requirement for CRDP

15. Major Differences Between CRDP and CRSC In most cases, Marines eligible for both programs will be better served by participating in CRSC. However, if the Marine has multiple VA Rated conditions only some of which are combat related, the Marine should consult with a benefits expert Marines can switch from one program to the other during an open period each year – because the best program depends on their current family structure and their effective tax rate, the best program today may not be the best one in the future

16. CRSC Application Process If only some of the Marine’s VA Rated conditions are combat related, it is best to refer the Marine to a benefits expert Start See slide 14 See slide 7 Appears Eligible? Eligible for CRDP? CRDP Better? Assess the Marine for CRSC eligibility Counsel on benefits of each program Document in MCWIITS– CRDP enrollment is automatic Yes Yes Yes No No No CRSC should be addressed in final MCWIITS note and handoff to DISC or NMCM Application can not be processed before VA compensation starts Document in CNA note in MCWIITS Provide CRSC Application Gather Supporting Documents Wait until initial VA check received Submit application per instructions on form RCCs should help Marine complete application and gather appropriate documents – ideally application is complete and in the envelope waiting to be mailed before the Marine transitions

17. CRSC • Marine fills out a CRSC application, but then never submits it once his VA compensation begins • Marine’s PTSD is not found to be combat related, although the Marine believes that it is the direct result of IED blasts • Marine files for CRSC but does not provide the appropriate supporting documentation and is denied

18. Resources Basic Resources Advanced Resources IDES Consultation Class & Seps/TAPS class CRSC is covered DoD Military Pay Website http://militarypay.defense.gov/retirement/concurrent_dod_va.html WWR External Fact Sheet – CRSC https://ehqmc.usmc.mil/sites/wwr/wrc/External%20Fact%20Slick%20Sheets/Combat-Related%20Special%20Compensation%20Slick%20Sheet.pdf Wounded Warrior Regiment PEB Liaison Dean Trio 703-432-1856 WWR External Fact Sheet – CRSC/CRDP https://ehqmc.usmc.mil/sites/wwr/wrc/External%20Fact%20Slick%20Sheets/CRDP%20and%20COMBAT-RELATED%20SPECIAL%20COMPENSATION%20Slick%20Sheet.pdf WWR Internal Fact Sheet – CRSC/CRDP https://ehqmc.usmc.mil/sites/wwr/wrc/Internal%20Slick%20Fact%20Sheets/CRSC-CRDP%20Fact%20Sheet.pdf

19. Which of the following combat-codes is used frequently by Marines in the Recovery Care Program applying for CRSC? Armed Conflict Agent Orange Radiation Exposure Gulf War or Mustard Gas A only A and D only B and C only B, C, and D only All of the above

20. What is the minimum VA Rating needed to apply for CRSC? 10% 50% 100% No VA Rating is needed

21. Which of the following are eligibility requirements for CRSC? Eligible for Military Retired Pay Rated by the VA ALL VA Rated conditions are combat related Able to pass the PFT A and B only A and C only A, B, and C only B and C only All of the above

22. MSgt Carlson is transferred to the PDRL after 21 years of active service; he is rated at 30% by the DoD and 40% by the VA. All of the VA Rated conditions were incurred in combat as determined by the PEB. His Military Retired Pay is partially offset. Which program could he apply for? CRSC but not CRDP CRDP but not CRSC CRSC or CRDP but he will have to choose one He can apply for and receive both CRSC and CRDP

23. Which of the following are documents that can be used in some cases to support a finding of combat relatedness when applying for CRSC? Findings of the Physical Evaluation Board Proceedings VA Decision Letters and code sheets Medical records and notes Other evidence such as after action reports and award citations A only A and B only B and C only C and D only All of the above

24. Questions