Denied Combat-Related Special Compensation?

Here’s How the Military Law Center Can Help You Appeal

At the Military Law Center, we recognize the critical importance of Combat-Related Special Compensation (CRSC) for retired veterans. This compensation serves as a vital financial resource for those who have sustained injuries or disabilities while serving in combat. Unfortunately, many veterans face challenges during the claims process, leading to denials that can be both frustrating and disheartening. If your CRSC claim has been denied, you don’t have to navigate this complex appeal process alone—our experienced attorneys are here to help.

What Is Combat-Related Special Compensation?

Combat-Related Special Compensation (CRSC) is a tax-free entitlement provided to retired veterans with combat-related disabilities each month. This program acknowledges the sacrifices made by service members and aims to provide financial support to those affected by their injuries.

To qualify for CRSC, veterans must meet specific criteria outlined in Department of Defense Financial Management Regulation 7000.14-R, Volume 7B, Chapter 63.

Years of Service Requirement: Typically, 20 years of service.
Retired Status: Must be a retired service member.
Entitled to Retired Pay: Must be entitled to retired pay. Reservists who have yet to draw retired pay are not eligible for CRSC payments.
Qualifying Disability Rating (Percentages): Must have a rating from the Department of Veterans Affairs.

In addition to the four primary criteria above, the combat-related disability must also be determined by the service member’s branch of service to be combat related base on the following:

Armed Conflict: The disability is a disease or injury incurred in the line of duty as a direct result of armed conflict. There must be a definite causal relationship between the armed conflict and the resulting disability.
Hazardous Service: Hazardous service includes aerial flight, parachute duty, demolition duty, experimental stress duty, and diving duty. The disability must be a direct result of actions taken while in the performance of hazardous service.
Disability incurred in the performance of duty under conditions simulating war: Disability resulting from military training such as war games, practice alerts, tactical exercises, airborne operations, leadership reaction courses, grenade and live fire weapon practice, bayonet training, hand-to-hand combat training, repelling, and negotiation of combat confidence and obstacle courses. It does not include regular physical training like jogging, playing sports, or going to the gym.
Instrumentality of War: There must be a direct causal relationship between the instrumentality of war (like an armored vehicle or military grade weapon) and the disability.

Understanding these regulations is crucial for ensuring that your claim meets the necessary requirements.

When to Apply for CRSC?

Veterans should apply for CRSC when:

They believe they are eligible for CRSC but have never applied.
The Veteran receives some CRSC, but an additional disability may qualify.
The VA granted an additional disability that may qualify for CRSC; but do so within the six-year statute of limitations (31 U.S.C. Section 3702(b)).

Veterans applying for CRSC must complete DD Form 2860.

Why are Combat Related Special Claims Denied?

Despite the clear intent of the CRSC program, many claims are denied for various reasons, including:

Insufficient evidence linking the disability to combat.
Misinterpretation of the criteria for combat-related conditions.
Administrative errors during the claims process.

According to DoD Financial Management 7000.14-R, each claim must demonstrate a clear connection between the disability and combat service. Many applicants struggle to provide the necessary documentation, leading to denials. At the Military Law Center, we understand these challenges and are committed to helping you overcome them by ensuring your petition is supported with reliable and competent evidence.

The Appeal Process for a Denied CRSC Claim

If your CRSC claim has been denied, don’t lose hope. There is a structured appeal process available to challenge the decision. Here’s a brief overview:

Army:

Army veterans must submit a Reconsideration Request Form (CRSC Form 12e) and include new and relevant evidence. Additionally, the reconsideration package should include a personal letter describing the situation, a copy of the denial letter, and any new VA rating decision. If the Army’s Special Compensations Branch denies the veteran’s reconsideration request, they must petition the Army Board for Correction of Military Records using DD Form 149.

Navy and Marine Corps:

Appeals are processed through the Navy/Marine Corps Council on CRSC. Marines and Sailors may seek reconsideration of their denied CRSC claim by filing a Reconsideration Form and emailing the Council. If the Department of the Navy denies the Request for Reconsideration, Marine and Navy veterans must filing a petition with the Board for Correction of Naval Records.

Air Force:

If the Air Force denies the initial CRSC claim, Air Force Veterans may file a CRSC request for reconsideration by completing CRSC Form 12e and providing the missing documentation. However, if the reconsideration request is denied, then Air Force veterans must file a DD Form 149 with the Air Force Board for Correction of Military Records.

Regardless of the military service branch, the appeal process typically requires you to submit a reconsideration request, which involves presenting new or additional evidence that supports your claim. Key timelines and deadlines must be adhered to, making it essential to act quickly and efficiently.

The average time for a request for reconsideration decision is approximately 10 months.

How the Military Law Center Can Help in the CRSC Appeal Process

At the Military Law Center, our attorneys have extensive experience in handling administrative claims like denied CRSC applications. We assist veterans in gathering the necessary evidence and ensuring that all documentation aligns with the Department of Defense Financial Management Regulation 7000.14-R, Volume 7B, Chapter 63 and the regulations of their specific military branch.

Our team meticulously prepares your appeal, helping you navigate the complex requirements and communicate effectively with military reviewing authorities. We focus on presenting a compelling case that addresses the reasons for denial and highlights your entitlement to CRSC. We also search for previous case decisions to show the reviewing authority the path to granting your CRSC claim.

The Benefits of Legal Representation

When you choose the Military Law Center, you receive the following benefits:

A thorough review of your denied claim and personalized strategies to build a strong appeal.
Expertise in military regulations and requirements, which can significantly improve your chances of success.
Proven success in assisting veterans to overturn denials through our comprehensive knowledge of the appeals process.

We’ve helped numerous veterans secure the compensation they deserve, and we’re here to do the same for you.

How to Choose the Right Attorney for Your CRSC Appeal

Selecting the right attorney is crucial for a successful appeal. Look for an attorney with experience in military law and knowledge of CRSC claims. At the Military Law Center, we handle these cases and are committed to fighting for your rights.

During your initial consultation, we’ll answer your questions and help you understand the options available for your appeal.

Retain Your CRSC Attorney Today

If your CRSC claim has been denied, don’t give up. Contact us at the Military Law Center for a consultation to discuss your case. Our experienced attorneys are ready to assist you in navigating the appeals process and increasing your chances of success. Reach out today and let us fight for the benefits you deserve.

At the Military Law Center, we firmly believe that veterans deserve the compensation they have earned through their service and sacrifices. If your CRSC claim was denied, know that you are not alone. We are dedicated to helping you navigate the CRSC appeals process and secure the benefits you rightfully deserve. Don’t hesitate—let us help you fight for what is yours.