Military Divorce Guide

Comprehensive Family Law Information for Servicemembers & Family Members.

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About the Guide

The Military Divorce Guide was created by Carl O. Graham, a Colorado Springs, CO divorce lawyer and former Army JAG officer. As a principal of Black & Graham, LLC, domestic relations and criminal defense attorneys, Carl is in charge of the firm's family law practice, and focuses exclusively on Colorado divorce & family law, including military divorce issues.

  • Military Updates
  • Military Divorce Guide
    • Jurisdiction Over Servicemembers
      • Subject-Matter Jurisdiction
      • Personal Jurisdiction
    • Division of Military Retirement
      • Types of Military Retirement
      • Disposable Retired Pay
      • Colorado Formula for Military Retirement Division
      • Servicemember Still on Active Duty
      • Direct Retirement Payments from DFAS
    • VA Disability & Divorce
      • VA Waiver of Military Retirement
      • Indemnity for VA Waiver
      • Combat-Related Special Compensation (CRSC)
      • Disability Retired Lists (TDRL / PDRL)
      • Disability Severance Pay
    • Survivor Benefit Plan (SBP)
      • SBP Beneficiaries
      • SBP Election
      • SBP Premium Costs
      • SBP Premium Payment Responsibility
      • SBP Suspension or Termination
    • Military Family Support
      • Army Family Support
      • Air Force Family Support
      • Navy Family Support
      • Marine Corps Family Support
      • Coast Guard Family Support
    • Former Spouse Military Benefits
      • 20/20/20 and 20/20/15 Benefits
      • Continued Health Care Benefit Program / COBRA
    • Garnishment of Military Pay
      • Garnishing Military Retirement & VA Disability
      • Maximum Garnishment Limitations
    • Servicemembers Civil Relief Act (SCRA)
      • Protection from Default Judgments
      • Stay of Civil Proceedings
      • Colorado Reservist Parent Protection
    • Domestic Violence
      • Lautenberg Amendment
      • Domestic Violence Victim Benefits
    • Obtaining Military Records
    • Reserve Family Law Issues
    • Understanding Military Pay
    • Life Insurance
    • How to Hire a Military Divorce Attorney
    • Paternity & The Military

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Combat-Related Special Compensation (CRSC)

  • Disability

Congress enacted Public Law 107-314 in 2002 (codified at 10 U.S. Code §1414) which created Combat-Related Special Compensation (CRSC).  CRSC is a variation of concurrent receipt which is paid to a retiree to compensate for military retirement waived to receive a VA disability payment.

Put simply, CRSC can result in eligible retirees receiving both (1) their full disability pay, plus (2) the equivalent of up to their full military retirement.

 

CRSC vs. CRDP

CRSC serves a similar purpose to Concurrent Retirement and Disability Pay (CRDP) (which is not actually a separate payment retirees receive, but is an accounting mechanism by which the VA waiver is gradually being phased out for retirees with a 50% or higher disability rating).

Both programs compensate for military retirement which is lost due to the VA waiver, but have a few key differences:

  1. CRSC requires that the disability be combat-related (see below), whereas with CRDP any service-connected disability is sufficient.
  2. CRSC requires only a 10% or greater combat-related disability rating, whereas a retiree is not eligible for CRDP unless the rating is at least 50%.
  3. CRSC payments are tax-free, whereas CRDP, since it effectively is just restoring taxable military retirement payments to the retiree, is taxable.
  4. CRSC payments are not military retirement, so there is no provision by which family law judges can divide the payments.  They are not exempt from garnishment for child support or alimony, however.  (DFAS FAQ).

Finally, CRSC and CRDP are mutually-exclusive - the retiree can elect either one, but not both of them.  10 U.S. Code §1414(d). It often makes more sense for the retiree to opt for CRDP instead of CRSC - for example a retiree who has a 70% service-connected disability rating, so is receiving substantial CRDP, but only 10% of that rating is combat-related, is probably better off foregoing CRSC. Also note that the retiree can change his/her election each year during an "open season" in December & January.

 

CRSC Eligibility Requirements

First, the retiree must have a combat-related disability, which pursuant to 10 U.S. Code §1413a(e) means:

  • An injury for which the Purple Heart was awarded, or
  • The disability is as a direct result of armed conflict, hazardous service (parachute duty, demolition, etc), conditions simulating war (i.e. war games), or through an instrumentality of war.

Note that an injury which simply occurs in a combat zone, but is not actually combat-related (e.g. a servicemember in Iraq permanently damages something while playing volleyball) does not qualify for CRSC.

The other significant requirements to receive CRSC are:

  1. The combat-related disability is at least 10%.
  2. The retiree is receiving normal military retirement, is medically discharged, be on the Temporary Disability Retired List (TDRL) or be receiving Temporary Early Retirement (TERA).
  3. The retired pay is being reduced by a VA waiver.

 

CRSC Payments

Because CRSC is intended simply to mitigate the effects of the VA waiver, payments are capped at the lower of:

  1. The amount of VA disability the retiree would receive for the same disability if it were not combat-related disability (see VA rate table),
  2. The amount of the VA waiver in effect.

 

More Information

CRSC Guidance, a Department of Defense memorandum with exhaustive information about CRSC eligibility and the application process.

Army CRSC Page, the point of contact for soldiers at the U.S. Army Human Resources Command.

Combat-Related Special Compensation Board, the point of contact for the Navy & Marines.

Air Force Personnel Center, the point of contact for airmen.

Personnel Service Division, the link for the U.S. Coast Guard.

‹ Indemnity for VA Waiver up Disability Retired Lists (TDRL / PDRL) ›
Military Divorce Guide, Copyright © Black & Graham, LLC  (www.blackgraham.com). Reprint Information

128 S. Tejon St Ste 410, Colorado Springs, CO 80903  (Map to Office)  Tel: (719) 328-1616  Fax: (719) 630-8495.

This site is informational, and not a substitute for legal advice from one of the Colorado Springs military divorce law firms, lawyers or attorneys. Only a signed agreement with this Colorado Springs divorce lawyer creates a lawyer-client relationship. We practice in Colorado Springs / El Paso, Teller, Douglas, and Pueblo Counties, and the neighboring military installations (Fort Carson, Peterson Air Force Base, the Air Force Academy, Cheyenne Mountain Air Station, and Shriever AFB). We practice in Colorado family law (Colorado divorce, military divorce issues, child support law, grandparent visitation & rights, common law marriage, child custody law, legal separation law, annulment, alimony law, etc), and criminal defense.  Login