Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome 2013 Combat Related Special Compensation PEB Liaison Mr. Dean Trio

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome Terminal Learning Objectives As an RCC help Marines and families… 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

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome 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 3

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome CRSC Benefit Profile 4 Frequency About half of the Marines in the Recovery Care Program will become eligible for CRSC Drawbacks Applying for CRSC requires waiving any entitlement to Concurrent Retired and Disability Pay (CRDP) although this applies only to a small percentage of Marines eligible for CRSC Importance to Marines The CRSC benefit can be more than a thousand dollars a month, for life Challenges The Marines can not apply for CRSC while on active duty and must do so immediately after transition when there are competing demands for their attention It can be difficult to document that an injury or disability was incurred in a combat situation

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome Rules of the Road 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

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome Combat Related Special Compensation Definition 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. 6 DISCLAIMER before CRSC eligibility criteria were last updated on January 1, 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.DISCLAIMER

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome Eligibility for CRSC 7 Eligible for Retired Pay orTDRL, or orPDRL, or Non-disability retirement including reservists at least 60 years old retired under TERA Rated at Least 10% by the VA orThrough the IDES, or Through the legacy rating system Subject to Offset of Military Retired Pay Full offset (i.e., waiver of military retired pay), or Partial offset Combat-Wounded orPurple Heart, or orArmed Conflict, or orHazardous Service, or orSimulating War, or A Marine may be eligible even if he is not receiving military retired pay because it is fully offset 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 DISCLAIMER before CRSC eligibility criteria were last updated on January 1, 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.DISCLAIMER orInstrument of War, or or Agent Orange, or or Radiation, or Gulf War or Mustard Gas

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome 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 8 Full Offset Occurs when the VA Disability Compensation is higher than the Military Retired Pay Results in Marine receiving no Military Retired Pay Partial Offset Occurs when the VA Disability Compensation is lower than the Military Retired Pay Results in the Military Retired Pay being reduced by the amount of VA Disability Compensation 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 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 DoDExample 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 CRSC was created by Congress with the intent of “making up” for a portion of the offset for combat wounded veterans

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome Combat Codes 9 Armed Conflict Requires a definite, documented, causal relationship between the armed conflict and the resulting disability Purple Heart Hazardous Service Requires a definite, documented, causal relationship between the hazardous service and the resulting disability Agent Orange Simulating War There must be a definite, documented, causal relationship between the simulated armed conflict and the resulting disability Radiation Exposure Instrument of War There must be a definite, documented, causal relationship between the instrument of war and the resulting disability Gulf War, Mustard Gas, or Lewisite 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 Primarily used for WWII veterans exposed to Nagasaki or Hiroshima explosions. Unlikely to be used for Marines in RCC Program Primarily used by Vietnam Veterans. Unlikely to be used by Marines in the RCC Program Primarily used by Gulf War Veterans. Unlikely to be used by Marines in the RCC Program Commonly used by Marines in RCC Program Not required to establish for Marines injured after 1 JAN 2004 Use by personnel on active duty currently is extremely rare Examples and guidance for each combat code is found in Appendix A (page 5) of the CRSC application

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome Calculating the CRSC Amount 1. Determine the “CRSC %” ALL If ALL VA rated conditions are combat related then the “CRSC %” is the same as the VA %. some 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 2. 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) 3. Determine Final CRSC Take whichever is less: the Gross CRSC calculated above, or the amount by which the Military Retired Pay has been offset 10 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

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome Supporting Documents Document Establishes…Eligible for Military Retired Pay VA RatedSubject to Offset Combat Related DD 214 or DD 215XBy Inference Retirement ordersXBy Inference Reserve Retirement Computation / 15 or 20 year letter XBy Inference VA Rating Decisions, Letters, and Code SheetsXBy InferenceX Medical Records or notes verifying how injury/disability occurred X Physical Evaluation Board Results or SummariesXBy InferenceX Any other evidence to verify the events or circumstances X 11 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

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome Establishing Combat Relatedness PEB Findings VA Decision Letters Medical Records or Notes Other Evidence If the PEB determined that a disability was combat related, the application should be routinely approved A VA code sheet indicating that a condition was combat related is very strong evidence The records or notes must verify how the injury or disability occurred. Unfortunately, medical personnel are not maintaining documentation in theater with a subsequent CRSC application in mind, so this can be challenging May include award citations, after action reports, or affidavits. As with the medical records, the onus is on the Marine to establish sufficient evidence to establish combat relatedness 12 Stronger evidence is on the outside GOLD STANDARD

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome 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 13 Provide other Evidence Apply for CRSC and provide medical records or notes and other supporting evidence Appeal to OJAG Appeal to OJAG (CODE 13) to have the PEB Findings amended to include a determination of combat relatedness

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome 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 14 Eligible for Retired Pay by Reason Other than Disability Marine may be on PDRL or TDRL; however, he must be eligible for a “normal” retirement Rated at Least 50% by the VA orThrough the IDES, or Through the legacy rating system Subject to Offset of Military Retired Pay Full offset (i.e., waiver of military retired pay), or Partial offset Requirement is more restrictive than the corresponding requirement for CRSC Requirement is the same as for CRSC NO There is NO combat related requirement for CRDP CRDP Eligibility

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome Major Differences Between CRDP and CRSC CRDPCRSC CRSC entitlement is fully phased in CRDP will not be fully phased in until 2014 CRSC is not subject to division with a Former Spouse CRDP IS CRSC is tax exempt CRDP is NOT CRDP “makes up” the entire offset CRSC often “makes up” just a portion of the offset CRDP applies to ALL VA rated conditions CRSC applies only to combat rated conditions 15 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 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

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome CRSC Application Process 16 Start Assess the Marine for CRSC eligibility Appears Eligible? Provide CRSC Application Gather Supporting Documents Wait until initial VA check received Submit application per instructions on form Eligible for CRDP? Counsel on benefits of each program CRDP Better? Document in MCWIITS– CRDP enrollment is automatic If only some of the Marine’s VA Rated conditions are combat related, it is best to refer the Marine to a benefits expert See slide 7 See slide 14 Document in CNA note in MCWIITS Application can not be processed before VA compensation starts 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 Yes No Yes CRSC should be addressed in final MCWIITS note and handoff to DISC or NMCM

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome Common Pitfalls Discussion: How can an RCC help avoid these pitfalls? CRSC 17 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

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome Basic Resources Advanced Resources Resources 18 DoD Military Pay Website rent_dod_va.html DoD Military Pay Website rent_dod_va.html Wounded Warrior Regiment PEB Liaison Dean Trio Wounded Warrior Regiment PEB Liaison Dean Trio WWR Internal Fact Sheet – CRSC/CRDP 20Slick%20Fact%20Sheets/CRSC- CRDP%20Fact%20Sheet.pdf WWR Internal Fact Sheet – CRSC/CRDP 20Slick%20Fact%20Sheets/CRSC- CRDP%20Fact%20Sheet.pdf WWR External Fact Sheet – CRSC/CRDP %20Slick%20Sheets/CRDP%20and%20COMBAT- RELATED%20SPECIAL%20COMPENSATION%20Slick% 20Sheet.pdf WWR External Fact Sheet – CRSC/CRDP %20Slick%20Sheets/CRDP%20and%20COMBAT- RELATED%20SPECIAL%20COMPENSATION%20Slick% 20Sheet.pdf IDES Consultation Class & Seps/TAPS class CRSC is covered IDES Consultation Class & Seps/TAPS class CRSC is covered WWR External Fact Sheet – CRSC act%20Slick%20Sheets/Combat- Related%20Special%20Compensation%20Slick%20She et.pdf WWR External Fact Sheet – CRSC act%20Slick%20Sheets/Combat- Related%20Special%20Compensation%20Slick%20She et.pdf

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome Knowledge Check 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

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome Knowledge Check 20 What is the minimum VA Rating needed to apply for CRSC? 10% 50% 100% No VA Rating is needed

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome Knowledge Check 21 Which of the following are eligibility requirements for CRSC? Eligible for Military Retired Pay Rated by the VA ALL 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

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome Knowledge Check 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

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome Knowledge Check 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

Prevent Delays ♦ Reduce Frustration ♦ Achieve the Best Possible Outcome Questions 24