You served your country with honor. Now, you might be dealing with injuries from that service. It’s not always easy to figure out the benefits you have earned.
One benefit that often causes confusion is combat-related special compensation. It sounds straightforward, but many veterans miss out on what they are owed. You deserve to get every penny of your benefits, especially when it comes to combat-related special compensation.
Let’s clear things up so you can understand what this is and how it might apply to you. We’ll walk through what it takes to qualify and what you need to do to get it.
Table of Contents:
- What Exactly Is Combat-Related Special Compensation?
- Are You Eligible for Combat-Related Special Compensation? The Core Requirements
- A Major Win for Veterans: The Soto v. United States Ruling
- How Does This Ruling Affect You?
- The CRSC Application Process Step-by-Step
- CRSC vs. CRDP: Making the Right Choice
- Frequently Asked Questions About CRSC
- Conclusion
What Exactly Is Combat-Related Special Compensation?
Combat-Related Special Compensation, or CRSC, is a special monthly payment. It’s for military retirees who have disabilities that are a direct result of combat. This isn’t just another form of disability compensation; it is meant to restore retirement pay lost due to a VA disability rating.
When a military retiree gets VA disability pay, their military retirement pay is often reduced by the same amount. This reduction is known as the VA waiver or offset. CRSC replaces a portion of that lost retirement pay for injuries sustained in combat.
The key here is the “combat-related” part. The CRSC payments you get are specifically for the disabilities that the VA has determined were caused by combat. A significant advantage is that these payments are not taxed by the federal government, which can make a big difference in your monthly income.
Is CRSC the Same as CRDP?
This is a common question, and the answer is no; they are different programs. Concurrent Retirement and Disability Pay (CRDP) is an automatic payment that lets some retirees get both their full military retired pay and their VA disability pay. It is a form of concurrent receipt.
CRDP is mainly for retired veterans with 20 or more years of service and a VA rating of 50% or higher. It doesn’t matter if your injuries are combat-related or not. CRSC, on the other hand, requires the injury to be linked to a combat-related event but is open to retirees with less than 20 years of service, such as those who were medically retired.
You typically have to choose between CRSC and CRDP if you are eligible for both. The Defense Finance and Accounting Service will help you with this choice. We’ll look more at that decision later on.
Are You Eligible for Combat-Related Special Compensation? The Core Requirements
Getting your head around the eligibility rules can feel like a chore. But once you break it down, it starts to make more sense. Let’s look at the main things your branch of the uniformed service will check for your CRSC claim.
Retirement and Disability Status
First, you have to be officially retired from the military. This includes standard 20-year retirements and medical retirements. It also covers Temporary Early Retirement Authority (TERA) retirees and those in the Reserves or National Guard who are receiving military retirement pay.
You must also be receiving military retired pay from one of the armed forces. Very importantly, that retired pay must be reduced because of the VA disability payments you are getting. Finally, you must have a VA disability rating of at least 10% for a combat-related disability.
The “Combat-Related” Connection
This is the most critical part of any CRSC claim. You have to prove your combat-related disability is tied to a combat situation. But what does the military consider “combat-related”?
It’s broader than you might think. According to official guidelines, it includes injuries that came from armed conflict, hazardous duty, or activities that simulate war like weapons practice. It also covers injuries caused by an “instrumentality of war,” like a combat vehicle or weapon.
Here are some examples that might qualify:
- Injuries from bullets, shrapnel, or an IED blast.
- PTSD that is directly linked to witnessing combat or being in a hostile zone.
- Back injuries from a parachute jump during a training exercise designed to simulate combat.
- Hearing loss from weapon fire on the battlefield.
- Illnesses caused by exposure to chemical agents or other specific hazards in a combat theater.
- Injuries sustained during hazardous service, such as flight duty, diving duty, or demolition duty.
- Injuries resulting from preparing for war, including training exercises that simulate combat.
Your records need to show this connection. A Purple Heart award automatically qualifies the associated wounds for CRSC. Without that medal, you need to point to the evidence in your medical files or official service records, such as combat action badges.
A Major Win for Veterans: The Soto v. United States Ruling
For a long time, there was a hidden hurdle for veterans applying for CRSC. It wasn’t fair, and thanks to one Marine veteran, the rule has changed. This change could mean more back pay for thousands of veterans.
The story centers on a Supreme Court case called Soto v. United States. The lawsuit came about because the government was putting an arbitrary time limit on how much retroactive, or back pay, a veteran could get. They were enforcing a six-year statute of limitations on this specific benefit plan.
Imagine serving your country, suffering an injury, and then learning years later you were eligible for compensation all along. Then, imagine being told you could only get paid for the last six years, not all the years you missed. That was the situation for many of our nation’s heroes.
The Veteran Who Fought Back
Marine Corps veteran Simon Soto served for six years, including two tours. His service included the difficult job of searching for and recovering war casualties. This led to him developing post-traumatic stress.
He was medically discharged and awarded a disability retirement. About ten years later, he learned about and applied for the combat-related special compensation program. Military officials agreed he qualified, but they only gave him six years of back pay because of their internal time limit rule.
Mr. Soto knew this was wrong. With help from the National Veterans Legal Services Program (NVLSP), he sued the government. The case slowly made its way through the courts, finally landing at the Supreme Court.
A Unanimous Decision for Veterans
In a powerful and clear decision, the Supreme Court ruled unanimously in favor of Mr. Soto. They found that the government had unfairly capped his payments. The court said the law creating the CRSC program did not include any time limits for back pay.
Justice Clarence Thomas wrote for the court. He pointed out that the law tells the military services how to determine who is eligible. He stated that “those criteria say nothing about time limits.”
This was a huge victory. It confirmed that veterans who qualify for CRSC should get retroactive payments going all the way back to the date they first became eligible. For many, that’s their retirement date or the date the CRSC law was enacted, whichever is later.
How Does This Ruling Affect You?
So, what does this big legal case mean for you or a veteran you know? It means if you ever had your CRSC back pay limited to six years, you might be owed more money. A lot more money, in some cases.
The NVLSP estimates that over 9,000 veterans were affected by this unfair rule. These are all individuals who applied for CRSC and were approved, but received a smaller retroactive payment than they should have. Now, the path is clear for them to get the full amount they earned.
If you think this situation applies to you, you need to act. The first step is to check your original CRSC award letter. If it mentions a six-year limitation or your back pay doesn’t go back to your retirement date, you could be one of the affected veterans. You can contact the NVLSP for help to see if you can file a claim for the missing pay.
The CRSC Application Process Step-by-Step
If you’re applying for the first time, the process might seem complex. But you can handle it by taking it one step at a time. Here is a general path to follow for your CRSC claim.
Your application is not sent to the nearest VA regional office. Instead, you must submit it directly to your branch of service, whether that’s the Army, Navy, Air Force, Marine Corps, or Coast Guard.
- Gather Your Documents: You will need to build a strong case. Your application packet should have all the evidence needed to prove your claim. The service records including these documents are vital.Key documents to collect include:
- DD Form 214 (Certificate of Release or Discharge from Active Duty).
- All of your VA rating decision letters.
- Retirement orders and retirement records.
- Relevant medical records that show a link to a combat-related event.
- Service medical records from your time in service.
- Records showing receipt of a Purple Heart or combat action badges, if applicable.
- Official service documents like performance evaluations, investigative reports, or personnel action requests that place you in a combat scenario.
- After action reports or sworn buddy statements can also be very helpful.
- Complete the Application Form: The form you need is DD Form 2860, “Claim for Combat-Related Special Compensation.” You can find this request form online; it’s a good idea to download DD Form 2860 directly from the official source to get the latest version. Fill it out carefully and completely, listing every disability you believe is combat-related.
- Provide Evidence for Each Disability: For each condition you claim, you must point to specific evidence. In the application, you’ll need to explain how your injury or illness happened and connect it to your military duties. If your records aren’t clear, you can include a personal statement or “buddy letters” from others who served with you and witnessed the event.
- Submit Your Claim: Where you send your application depends on your branch of service. Each branch has its own CRSC processing center. It’s best to check the website for your specific branch (Army, Navy, Air Force, Marine Corps, Coast Guard) for the correct and most current mailing address.
After you submit your application, be patient. The review boards are thorough, and it can take several months to get a decision. They will review all your evidence to make a final determination on your CRSC claim.
CRSC vs. CRDP: Making the Right Choice
If you’re a retiree with over 20 years of service and a VA rating over 50%, you might qualify for both CRSC and Concurrent Retirement and Disability Pay (CRDP). But you can’t get paid for both at the same time. The Defense Finance and Accounting Service (DFAS) will make you choose one.
This choice is personal and depends on your financial situation. CRDP is often the easier option because it’s automatic for those who qualify. But for some, CRSC can be the better financial decision because it is completely tax-free.
Let’s look at a simple comparison.
| Feature | Combat-Related Special Compensation (CRSC) | Concurrent Retirement and Disability Pay (CRDP) |
|---|---|---|
| Eligibility | Any retiree with combat-related disabilities and a VA offset. | Retirees with 20+ years of service and a 50%+ VA rating. |
| Tax Status | Tax-Free | Taxable |
| Application | Yes, must apply with a DD Form 2860 through your service branch. | No, payments are automatic if you qualify. |
| Impact on SBP | Does not restore SBP premiums reduced by the VA waiver. | Can restore SBP premiums reduced by the VA waiver. |
How do you decide? Think about your tax bracket and how much of your VA disability rating is from a combat-related disability. If a large portion of your VA disability is from combat, the tax savings from CRSC might put more money in your pocket each month, even if the gross payment is lower than CRDP.
Also, consider the Survivor Benefit Plan (SBP). The SBP provides a monthly payment to eligible survivors of military retirees. CRDP can restore SBP premium costs that are offset by your VA payments, while CRSC does not. For some, this impact on the survivor benefit makes CRDP a better long-term choice for their families.
Frequently Asked Questions About CRSC
Many veterans have frequently asked questions about this important benefit. Here are answers to some of the most common ones. These asked questions can help clear up confusion.
Can I get CRSC if I was medically retired?
Yes, medical retirees are eligible for CRSC. As long as you are receiving military retired pay that is being offset by your VA disability compensation, and you have a qualifying combat-related disability, you can apply.
What happens if my CRSC claim is denied?
If your claim is denied, you have the right to appeal the decision. The denial letter should explain the reason for the decision and provide instructions on how to request a reconsideration. You may need to provide additional evidence from your service medical records or other official sources to support your claim.
How are CRSC payments calculated?
CRSC payments are equal to the amount of your VA disability compensation for the disabilities that are deemed combat-related. However, the payment cannot exceed the total amount of your retired pay that is being withheld. The Defense Finance and Accounting Service (DFAS) manages the calculation and distribution of CRSC payments.
Does a Purple Heart guarantee CRSC approval?
Receiving a Purple Heart creates a strong presumption that your injuries are combat-related. It automatically qualifies the specific wounds or injuries for which the medal was awarded. You still need to submit a complete application to get the benefit.
Do I need to visit the nearest VA regional office for my application?
No, you do not need to go to a VA Regional Office. Your CRSC application is processed by your specific branch of the military, not the Department of Veterans Affairs. Check your service branch’s website for the correct mailing address to submit your request form.
Conclusion
Understanding your veteran benefits is a critical part of life after service. Programs like combat-related special compensation were created to honor the unique sacrifices made by those wounded in the line of duty. It’s not a handout; it’s compensation you have rightfully earned through your service in the armed forces.
The Supreme Court ruling in the Soto case sends a clear message. Veterans deserve their full and proper pay without unfair limits. Be your own best advocate, look into your records, and don’t be afraid to ask for help to get the full combat-related special compensation you are owed.
Your service and sacrifice have earned you these benefits. Make sure you get them.
After a year and one month of starting my VA disability claim I finally received a 50% rating. Then the next week I received a packet from the VA explaining their decision. Half way through the packet it says that the VA will withhold my compensation until the money that was paid to me 33 years ago, was paid back! In 1992 President Clinton was down sizing the military. At which time we were given two choices, stay in and do nothing and hope you don’t get forced out, or get out and the government would buy back the remainder of your contract . The government would not guarantee that you would be able to remain in service. At which time if they decided to force you out, you would not receive retirement or any benefits, So just an FYI . If the government did buy back any remaining time from you, be prepared!