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Why Va Rules Don't Mean Shit For The New Combat Related Special Compensation ? Leadership Training Activity

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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 mission here in the states runs into a flock of birds and has a flame out...has the eject and in doing so has a compressed fracture of his spine and is unable to fly any more....stays in even though he has to wear a back brace and retires after twenty.....is he entitled to both retired pay and CR or was his disability NOT in a combat zone??? Hell he was doing combat training. The same goes for thousands of other folks who's everyday job is training for combat......why should the location be a factor. Many of us avoided the Purple Heart due to our skill and cunning and awareness of the situation but we still got disabilities that were definitely service connected.

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