Chapter 61 – What you need to know!


 

2008 National Defense Authorization Act (NDAA)

The 2008 National Defense Authorization Act (NDAA) was signed into law on January 29, 2008 to include Chapter 61 retirees, a new component for Combat-Related Special Compensation (CRSC). This legislation expands eligibility to medical retirees with less than 20 years of service, effective January 1, 2008.  Medically retired veterans must still provide documentation that shows a causal link between a current VA disability and a combat related event. Recipients with combat-related disabilities could receive their full length of service (LOS) retired pay in addition to VA disability pay.

Questions & Answers

What is a Chapter 61 retiree?
A Chapter 61 retiree is anyone who was medically retired from military service with a 30% or greater VA rated disability.

The term “Chapter 61” comes from the corresponding chapter in Title 10 US Code defining the different categories of medical separation and retirement. For example; if you were retired under 10 USC Sec. 1201, that means Title 10, US Code, Chapter 61, Section 1201; which states "Regulars and members on active duty for more than 30 days: retirement."

How do I know if I am a Chapter 61 retiree?
For recent retirees, block 23 is your type of separation and should read "Retirement" and block 28 is the narrative reason for separation and should say "Permanent Medical Retirement".  For those with a previous version of the DD214 (Vietnam and before), this information can be found in blocks 11a and 11c respectively. 

Combat-Related Special Compensation (CRSC) eligibility?
Current eligibility requirements are as follows:

  • Eligibility:
    • Permanent medical retirement
    • 10% or greater VA rated injury, which meets the criteria for combat-related
    • Receiving military retired pay
    • Military retired pay is reduced by VA disability payments (VA Waiver)
  • Combat Related is:
    • Simulating War (SW) – i.e. tactical road march
    • Hazardous Service (HS) – i.e. parachute or Airborne operations
    • Instrumentality of War (IN) – i.e. military vehicles
    • Armed Conflict (AC) – i.e. enemy fire
  • If you would like more information to determine if your injury is combat related, please view the combat related vs service related PDF.
  • Chapter 61 claimants that opt for a severance package are not eligible since they are not receiving retired pay, therefore there is nothing to offset.
  • TERA retirees are included in the 2008 NDAA legislation.

When can I apply as a Chapter 61 retiree?
We are currently accepting and adjudicating applications from Chapter 61 retirees.  To apply, use DD Form 2860-April 2008.

How much money will I receive?
Actual payment amounts are determined by DFAS and are unique for each service member based on years of service, retirement pay, and more. If you have any questions regarding the amount payment, you should contact DFAS directly at 1-800-321-1080 or www.dfas.mil.

 

Helpful Facts

Overview:

  • CRSC is designed to offset the VA disability compensation subtracted from retired pay due to the law against concurrent receipt.
  • The 2008 National Defense Authorization Act (NDAA) was signed into law on January 29, 2008.
  • The NDAA expanded Combat-Related Special Compensation (CRSC) eligibility to include those who were medically retired under Chapter 61 with less than 20 years of service, effective January 1, 2008.
  • A Chapter 61 retiree is anyone who was medically retired from military service under Chapter 61, Title 10 US Code.
  • Medically retired Veterans must still provide official documentation that shows a causal link between a current VA disability and a combat-related condition.

Submitting a Claim:

  • Required documentation includes:
    • A signed claim form
    • Copy of Chapter 61 Board results (Chapter 61 claimants only)
    • Copies of ALL VA rating decisions which include the letter and the narrative summaries
    • Copies of ALL DD214’s
    • Medical records that support “HOW” the specific disability being claimed meets the criteria for combat-related

Do not submit:

  • Medical records that do not pertain to a combat-related disability
  • Electronic media, EKGs, lab slips, or dental records
  • Our website will be kept updated with program guidance and claim information.

Use our website at http://www.donhq.navy.mil/corb/crscb/crscmainpage.htm and to email use the following address: DON_CRSC@navy.mil.  Fax number: (202) 685-6610.