Why VA Rules Don't Mean Shit For The New Combat Related Special Compensation ? Leadership Training Activity
Q: Combat-Related Special Compensation (CRSC)
The 2003 National Defense Authorization Act authorized new payments to
be made to all military retirees whose disability resulted from a
combat injury or wound for which they were awarded a Purple Heart. In
addition, the NDAA authorized military retirees whose 60 percent or
greater disability resulted from combat-related activities (as
determined by criteria set by the Secretary of Defense). Such
activities would include, for example, injuries received in live-fire
training exercises. The monthly payment DOD would be authorized to
make could range from $103 to $2,160. In addition, the conferees
continued payment of a special stipend ranging from $50 to $300 per
month to approximately 33,000 severely disabled military retirees with
a VA rating of 60 percent or higher (SCSD). Although these provisions
do not benefit the entire disabled retiree community, the Conferees
believe that this is another significant step towards amending the
concurrent receipt law.
The new program will pay all Purple Heart recipients the amount of VA
disability related to the award of the medal, and four categories of
pay will also be added for disabilities 60% and greater as covered in
DOD Instruction 1332.38 (DODI).
Combat-related (as defined by the DODI)
This standard covers those injuries and diseases attributable to the
special dangers associated with armed conflict or the preparation or
training for armed conflict. A physical disability shall be considered
combat-related if it makes the member unfit or contributes to
unfitness and was incurred under any of the circumstances listed in
paragraphs 1 through 4 below.
1. As a direct result of armed conflict. The criteria are the same as
in paragraph above.
2. While engaged in hazardous service. Such service includes, but is
not limited to, aerial flight duty, parachute duty, demolition duty,
experimental stress duty, and diving duty.
3. Under conditions simulating war. In general, this covers
disabilities resulting from military training, such as war games,
practice alerts, tactical exercises, airborne operations, leadership
reaction courses; grenade and live-fire weapons practice; bayonet
training; hand-to-hand combat training; repelling, and negotiation of
combat confidence and obstacle courses. It does not include physical
training activities, such as calisthenics and jogging or formation
running and supervised sports.
4. Caused by an instrumentality of war. Incurrence during a period of
war is not required. A favorable determination is made if the
disability was incurred during any period of service as a result of
such diverse causes as wounds caused by a military weapon, accidents
involving a military combat vehicle, injury, or sickness caused by
fumes, gases, or explosion of military ordnance, vehicles, or
material. However, there must be a direct causal relationship between
the instrumentality of war and the disability. For example, an injury
resulting from a Service member falling on the deck of a ship while
participating in a sports activity would not normally be considered an
injury caused by an instrumentality of war (the ship) since the sports
activity and not the ship caused the fall. The exception occurs if the
operation of the ship caused the fall. (Agent Orange was mentioned)
DODI 1332.38 Combat-related.
This standard covers those injuries and diseases attributable to the
special dangers associated with armed conflict or the preparation or
training for armed conflict. A physical disability shall be considered
combat-related if it makes the member unfit or contributes to
unfitness and was incurred under any of the circumstances listed in
paragraphs 1. through 4. below.
1. As a direct result of armed conflict. The criteria are the same as
in paragraph above.
2. While engaged in hazardous service. Such service includes, but is
not limited to, aerial flight duty, parachute duty, demolition duty,
experimental stress duty, and diving duty.
3. Under conditions simulating war. In general, this covers
disabilities resulting from military training, such as war games,
practice alerts, tactical exercises, airborne operations, leadership
reaction courses; grenade and live fire weapons practice; bayonet
training; hand-to-hand combat training; repelling, and negotiation of
combat confidence and obstacle courses. It does not include physical
training activities, such as calisthenics and jogging or formation
running and supervised sports.
4. Caused by an instrumentality of war. Incurrence during a period of
war is not required. A favorable determination is made if the
disability was incurred during any period of service as a result of
such diverse causes as wounds caused by a military weapon, accidents
involving a military combat vehicle, injury, or sickness caused by
fumes, gases, or explosion of military ordnance, vehicles, or
material. However, there must be a direct causal relationship between
the instrumentality of war and the disability. For example, an injury
resulting from a service member falling on the deck of a ship while
participating in a sports activity would not normally be considered an
injury caused by an instrumentality of war (the ship) since the sports
activity and not the ship caused the fall. The exception occurs if the
operation of the ship caused the fall.
A:-, I snipped because I already read it but I have a question, what do they
mean by "instrumentality of war".?
I know what instrumentality means but it doesnt seem to go with anything
military.
Being instrumental is also a "means" of doing something. Or it's also doing
something with an instrument or tool.
Maybe Dr, ChuChu put that in there.............does it have something to do
with the Army/Marines, like driving a tank, or the MOS of those guys using
those special computers.?
-his new crap about combat related disabilities...is bull shit. One example
that comes to mind, a fighter pilot flying a training