CVN-71

Concurrent VA Disability-Military Retired Pay

Budget Proposal Would Fix Concurrent Receipt


This year looks more promising; 2011 Chapter 61 concurrent receipt discussion

Reading further in the defense section of the 2010 budget outline it looks as if the issues with concurrent receipt of retired military pay and VA disability pay will finally be fixed!

The Budget also contains a proposal to expand concurrent receipt of military retired pay and Veterans Disability Compensation to all retirees receiving disability retired pay. Under current law, the prohibition on concurrent receipt means that these benefits offset each other so that disabled military retirees cannot receive full DOD retirement and Veterans disability payments. When the offset is removed, disabled military retirees would receive additional monthly compensation.

Currently to be eligible for concurrent receipt you must be evaluated at 50% disabled by the VA.
Update: 6/25/2009 1 more Senator added his name to the list of Co-Sponsors of this bill bringing the number to 40!
Update: 6/24/2009 House Approved HR 2990 by a vote of 404 to 0 (See Comments).
Update: 6/17/2009 1 more Senator added his name to the list of Co-Sponsors of this bill bringing the number to 39!
Update: 6/3/2009 2 more Senators added their names to the list of Co-Sponsors of this bill bringing the number to 38!
Update: 5/19/2009 2 more Senators added their names to the list of Co-Sponsors of this bill bringing the number to 36!
Update: 5/14/2009 1 more Senator added her name to the list of Co-Sponsors of this bill bringing the number to 34!
Update: 5/4/2009 2 more Senators added their names to the list of Co-Sponsors of this bill bringing the number to 33!
Update: 4/23/2009 1 more Senator added his name to the list of Co-Sponsors of this bill bringing the number to 31!
Update: 4/21/2009 1 more Senator added his name to the list of Co-Sponsors of this bill bringing the number to 30!
Update: 4/20/2009 4 more Senators add their names to the list of Co-Sponsors of this bill bringing the number to 29!
Update: 3/9/2009 Referred to Senate committee. Status: Read twice and referred to the Committee on Armed Services.

List of current Co-Sponsors;

Sen Durbin, Richard [IL] – 3/10/2009
Sen Lincoln, Blanche L. [AR] – 3/10/2009
Sen Kerry, John F. [MA] – 3/10/2009
Sen Kennedy, Edward M. [MA] – 3/10/2009
Sen Lieberman, Joseph I. [CT] – 3/10/2009
Sen Brown, Sherrod [OH] – 3/10/2009
Sen Whitehouse, Sheldon [RI] – 3/10/2009
Sen Johnson, Tim [SD] – 3/10/2009
Sen Wyden, Ron [OR] – 3/10/2009
Sen Shelby, Richard C. [AL] – 3/10/2009
Sen Murray, Patty [WA] – 3/11/2009
Sen Dorgan, Byron L. [ND] – 3/12/2009
Sen Cardin, Benjamin L. [MD] – 3/12/2009
Sen Schumer, Charles E. [NY] – 3/12/2009
Sen Mikulski, Barbara A. [MD] – 3/12/2009
Sen Lautenberg, Frank R. [NJ] – 3/16/2009
Sen Boxer, Barbara [CA] – 3/16/2009
Sen Specter, Arlen [PA] – 3/17/2009
Sen Vitter, David [LA] – 3/18/2009
Sen Cochran, Thad [MS] – 3/19/2009
Sen Tester, Jon [MT] – 3/23/2009
Sen Burris, Roland [IL] – 3/23/2009
Sen Sessions, Jeff [AL] – 3/25/2009
Sen Menendez, Robert [NJ] – 4/1/2009
Sen Harkin, Tom [IA] – 4/2/2009
Sen Snowe, Olympia J. [ME] – 4/20/2009
Sen Nelson, Bill [FL] – 4/20/2009
Sen Collins, Susan M. [ME] – 4/20/2009
Sen Casey, Robert P., Jr. [PA] – 4/20/2009
Sen Dodd, Christopher J. [CT] – 4/21/2009
Sen Udall, Tom [NM] – 4/23/2009
Sen Sanders, Bernard [VT] – 5/4/2009
Sen Begich, Mark [AK] – 5/4/2009
Sen Hutchison, Kay Bailey [TX] – 5/14/2009
Sen Bennet, Michael F. [CO] – 5/19/2009
Sen Bingaman, Jeff [NM] – 5/19/2009
Sen Feinstein, Dianne [CA] – 6/3/2009
Sen Udall, Mark [CO] – 6/3/2009
Sen Brownback, Sam [KS] – 6/17/2009
Sen Leahy, Patrick J. [VT] – 6/25/2009

111th CONGRESS

1st Session

S. 546

To amend title 10, United States Code, to permit certain retired members of the uniformed services who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or Combat-Related Special Compensation.

IN THE SENATE OF THE UNITED STATES

March 9, 2009

Mr. REID introduced the following bill; which was read twice and referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to permit certain retired members of the uniformed services who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or Combat-Related Special Compensation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Retired Pay Restoration Act of 2009′.

SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS’ DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES.

(a) Extension of Concurrent Receipt Authority to Retirees With Service-Connected Disabilities Rated Less Than 50 Percent-

(1) REPEAL OF 50 PERCENT REQUIREMENT- Section 1414 of title 10, United States Code, is amended by striking paragraph (2) of subsection (a).

(2) COMPUTATION- Paragraph (1) of subsection (c) of such section is amended by adding at the end the following new subparagraph:

`(G) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 40 percent or less or has a service-connected disability rated as zero percent, $0.’.

(b) Clerical Amendments-

(1) The heading of section 1414 of such title is amended to read as follows:

`Sec. 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent payment of retired pay and disability compensation’.

(2) The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows:

`1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent payment of retired pay and disability compensation.’.

(c) Effective Date- The amendments made by this section shall take effect on January 1, 2009, and shall apply to payments for months beginning on or after that date.

SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL COMPENSATION AND CONCURRENT RECEIPT.

(a) Amendments To Standardize Similar Provisions-

(1) QUALIFIED RETIREES- Subsection (a) of section 1414 of title 10, United States Code, as amended by section 2(a), is amended–

(A) by striking `a member or’ and all that follows through `retiree’)’ and inserting `a qualified retiree’; and

(B) by adding at the end the following new paragraph:

`(2) QUALIFIED RETIREES- For purposes of this section, a qualified retiree, with respect to any month, is a member or former member of the uniformed services who–

`(A) is entitled to retired pay (other by reason of section 12731b of this title); and

`(B) is also entitled for that month to veterans’ disability compensation.’.

(2) DISABILITY RETIREES- Paragraph (2) of subsection (b) of section 1414 of such title is amended to read as follows:

`(2) SPECIAL RULE FOR RETIREES WITH FEWER THAN 20 YEARS OF SERVICE- The retired pay of a qualified retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service is subject to reduction by the lesser of–

`(A) the amount of the reduction under sections 5304 and 5305 of title 38; or

`(B) the amount (if any) by which the amount of the member’s retired pay under such chapter exceeds the amount equal to 2 1/2 percent of the member’s years of creditable service multiplied by the member’s retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.’.

(b) Effective Date- The amendments made by this section shall take effect on January 1, 2009, and shall apply to payments for months beginning on or after that date.


Read Comments (267)

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267 Responses to “Budget Proposal Would Fix Concurrent Receipt”


  1. Ron says:

    Flash,

    Back on 20 May 2009 you mentioned the following, “D.C. 7011 requires a 100% rating for an AICD as these devices can cause death”. What exactly is D.C. 7011 and how can I look it up? I tried different search engines and none of them came up with a hit. I had an AICD implanted in June 2010 and I’m curious how that may change my disability rating. I’ve had an Appeal in since 2008.

    Thanks, Ron

  2. David says:

    Hi Everyone. Wow ! What a great site and one I’ve been looking for for weeks to maybe get some help. I have read a lot of the info here and just when I think I’ve got it I get confused. Hope you can explain it to me using my information. Here are my facts:
    1. Over 20yrs
    2. Retired Pay $1338.00
    3. Disabilty 80% $1547.00 Vet plus Spouse Pending Official Notice
    4. Table Rate – $ 350.00
    5. Difference $1197.00
    6. Multiply 93.95 $1124.50
    7. Add Table Rate $ 350.00
    8. Disabilty Amt. $1474.50

    Will my retirment check amount change ?
    Will I get 2 checks ?
    One for retirement of $1338.00 and
    One for Disabilty of $1474.50 for a
    Total Amount: $2712.50
    Question: Will my retired paycheck amount change ?

    Thanks in advance for any help.Thanks to those who help us understand

  3. James says:

    HELP!!!! I don’t know what is going on and have spent 4 hours looking for an answer to make sense of my problem. I was medically placed on the TEMPORARY DISABILITY RETIRED LIST (TDRL)on May 30, 2010 I was active duty for over 12 years. The mail man brought me my VA files On 09/25/2010 and the papers said that I was diagnosed with 50% service connected disability also my Air Force disability is 30% and I have been told from day one that I can’t receive the VA compensation and the Air Force retirement pay at the same time because I have less than 20 years of service, that I had to choose which one I wanted to go with, I had recently gotten married since I filed my claim so I called just to correct the wrong information and was told that it would be made up on my next check because they
    had just deposited the back payments that day from the last 3 months! I have been getting my retirement check every month and now the VA just deposited another 2,865.00 into my account for back payment….WHAT IS GOING ON? I’m keeping the money separate for now because I don’t know if its a mistake or if I’m entitled to it. Please give me some wisdom and maybe some clear cut websites that might clear this up. Thank you

  4. Edward A. McGIlly says:

    James the first part of the info. you wrote about is correct. If you have less than 20 years service the choice of the military pension or the V.A. disabilaty rate is up to you. Not unless your disabilety was caused by a combat situation or a training mission that is combat related. This will fall under the concurrent combat pay. You get both payments. You are doing the rite thing by banking the mone that comes from the V.A. For them to rate you at 50% is less than what they are sending you. I would put that money in a C.D. till they catch their mistake. Good luck Ed

  5. Fred says:

    Go to S.3793, Sec. 606 for latest on CRDP……..

  6. chester redd says:

    Hi my son caught adult stiles syndrom desease in irac while serving in the usaf it took them 3 months to find out what he had contracted , they then put him on temp medical disability , most doctors he went to said he was 100 percent disabled , the usaf played this game for 2 years then when they seen my son wasnt getting better they dropped his money and told him to sign away any rights he had to the air force for a 1 time payment of 20.000 dollars and a 20 percent disability rating , that i took to mean they are tring to get rid of him after serving 6 years and being sergant, any suggestions !!!!ps my son lives in arkanas and military wants him to go to court in sanatonio to fight this they will give him a lawyer 1 day before he goes to court sounds like they dont want him to win!!!!

  7. ED says:

    Chester
    your son should seek representation from a lawyer that knows military disabilety laws. Your son’s situation is like workmens compensation. There is no fee it’s paid by the Gov. He should also contact his congressman and explain the situation. If he is worth his salt he will also get involved.Also the following organization’s, The Department of Veterans Afairs ( D.A.V.)or the(V.F.W.) (American legion). Good luck Ed

  8. Tom G. says:

    I am a retired (20 yrs)USAF NCO with a 30% service connected disability. I have been receiving the tax free portion of my retired pay from the VA. Can anyone out there tell me what the plan is for concurrent pay for 30 percenters? What if my rating changes to 40 or 50%?
    Thanks,
    Tom G.

  9. ED says:

    Tom the following info. is from the D.O.D “Retierees must have a minimum of 20 years service, The retieree must be 50% service related disabled. Unlike the CRSC the disabities do no not have to be combat related”.
    (CRSC) means COMBAT RELATED DISABILITE RELATED
    (CRDP) means CONCCURRENT RETIERMENT DISABILITY PAY
    For help E mail dod.mil/dfas (link no longer active)
    Or call the Relierment and Annuity Pay Contact Center 1-800-321-1080
    Good luck Ed.

  10. mike says:

    Dear follow vetrians

    Congressman only serving two years term will get retirement pay of
    $32,000 or more each month and there the ones who voted to reduce or stop payments to vetrians who are disable.

  11. Mary Kelly says:

    John who is retiring after 12 years from the navy on a medical John you will get to keep all retired pay of 2400,oo under the new CRDP law. There is no va waiver. The Va will gibve a 100 percent for VA compensation at the 2900 and xyz dollars you quoted. You will get it all.

  12. Debbie says:

    has anyone heard anything more about crdp

  13. Pedro Fernandez says:

    S. 344 – The Retired Pay Restoration Act of 2011 – would allow all service-connected disabled military retirees to receive full concurrent receipt (both military retired pay and veterans’ disability compensation) with respect to any service-connected disability no matter the percentage rating. Under current law, only a disability rated at 50% or more receive concurrent receipt.
    The bill includes making full concurrent receipt available for those individuals who were retired or separated from military service due to a service-connected disability.

  14. codewalker says:

    First I served on Active service, and had over 14 years of active service, Army, discharged as an E-5.

    Straight deal is this, I had around 9 years in and was an E-5, I tested and put in paperwork to go to OCS. I tested highly was accepted and had to submit my paperwork. The only thing left was a current PT score, as I scored a 283, and my Battalion Sergeant Major had talked to me about retaking it has he knew it was a slack score for myself. There was a field exercise going on and I was a Squad Leader, and we were fielding a new system through the 513th MI Bn, AHFEWS. Thus, my First Sergeant requested that I put off the retest till returning from the Field Exercise. However, during the field exercise I got hurt, three bulging discs in my upper and lower back. This was later complicated with a further issue of restrictive and reactive air disease, and likewise I was later in a vehicle accident where I suffered a severly fractured hand leaving myself at only 50% strength.

    Thus, instead of myself being processed for OCS, I was now being med boarded. After a lengthy two years and my medical file conveniently being misplaced multiple times I was sent to San Antonio Texas for an MEB. While there I was offered 30% disability or be sent back to my unit and try to finish out my service with limitations noted in my profile. I chose to continue as I am a father of four and I was instructed that this would leave me without any military benefits except the 30% disability pay. How would I be able to take care of my family then? It was after the first med board that I had the vehicle accident. During this time I had exceptional yearly ratings except for PT. I was also denied promotion to E-6 because of my profile and board proceedings. Likewise, my clearance was never updated, as they assumed I wouldn’t need it if med boarded. During my last two years I still performed my job at the highest level, receiving a coin of recognition from even Four Star General Zinni, while I was performing the function as a Mission Manager at the GRSOC. Likewise I developed a Disk operating System to train signals analysts, that was copied and then dispersed out to the ships. My shifts stats were second to none, and I spent much of my own time prior to shift and after shifts to train other shift supervisors and Mission Managers. I also had the the shift producing the most awards and promotions for those training under myself.

    Due to my denial by my command to be promoted, I was likewise denied to extend my service and was forced out of service at short of fifteen years. During my outprocessing they again did a makeshift medboard, where I was only allowed to fax them the information and my medical file. This time the medboard, without seeing myself in person was offered a disability rating of 20%. Thus, I was forced involuntarily out of service and remarkeably was immediately rated at 60% disabled, but never listed as retired. Later, I tried to apply for unemployment benefits, but had to apparently payback the involuntary seperation pay before the benefits could be established.

    Forgive me if I don’t feel I was shafted by the military!

    I have just now become informed through some others that I should have been retired and that due to my 60% rating I should be and should have been receiving both retirement pay and VA disability pay.

  15. florence says:

    i’ve been trying to make sense of how crsc is calculated. doing the math, my husband should be receiving more than 259.00 per month. i called about his retirement and was told he could not receive his military retirement because he is receiving va at a 100%. i know through information online says he can receive both. i realize he did not make 20yrs because he got hurt on his second tour in vietnam and was forced to retire early. he was place on the medical retired list as a chapter 61 and was forced to waive his retirement for va compensation. so, my question is what is he actually entitled to concurrent recept, crsc, crdp what? how can one get a new evaluation when health continue to decline?

    [Last name redacted for privacy]

  16. NCCM(Ret) says:

    Florence,

    I am going to point you to the MOAA article that I think explains your circumstance pretty well: http://moaablogs.org/financial/2011/01/myth-busting-on-crsc-and-crdp/

    I hope this helps.

  17. pete says:

    I am at 70% disabled with PTSD through the VA and may be asking for a Total disability rating of 100% due to my issues with work soon. I have 17 years with the military, 8 active duty and the rest from the reserves. Will I lose my opportunity to retire by becoming 100% disabled? Would I be required to exit the miltary once I receive my 100% rating or could I retire at 17 years?

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