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Concurrent VA Disability-Military Retired Pay

Budget Proposal Would Fix Concurrent Receipt

Updated: January 6, 2015

2011 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


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.


March 9, 2009

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


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,


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


(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.


(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.

263 Responses to “Budget Proposal Would Fix Concurrent Receipt”

  1. Edward A. McGIlly says:

    Gunny Scott,
    what the VFW told you is corect. This benefit is called CRSC (Combat- Related SPecial Compensation). 10 U.S. code section 1413a; DoD Financial Manegment Regulation, VOlume 7B Chapter 63; and E.O.9397(SSN). You have to contact the Marine Corp.
    and ask for form DD Form 6860,If you have a broblem filling it out the DAV office nearest to youwill help you.
    Other bennys you are intitled to are, disabled and retired veteran that are rated at 100% are intitlad to $800. per month. if your disability is combat related. Your rank may decide the monthly amount.Also check into the % that qualifies you for this Benny. If you are rated by the V.A. at 60 or is it 70% for unemployability you are eligable for Sucial Security. If you have children they are also able to get SSA. Unemployable disabled vets have free care, no charge from the V.A. You also get free dental.
    You shhould look into these benney.
    Good luck, Ed

  2. Troy says:

    I am currently receiving 50% VA Disability from wounds received in Iraq. The national guard has finally gotten all of my medical records straight (4 years later) and sent up to the Medical Evaluation Board (MEB). From what I have been told (by the phsycologist) i am currently at 50% with PTSD and then whatever the orothopidics give me. Don’t know what the MEB will decide. I am concerned that I will have to pay back the money I have received from the VA for the past 4 years, also will I receive both monies from the VA and the Army? Don’t know if I am getting Medical Discharge at whatever % or Medical Retirement at a %

  3. Jeff says:

    Ok.. I retired a couple months ago after 23 years at the rank of Senior Chief, my pension (or retainer pay) is about 2550 a month.. I just got my letter from the VA saying that my disability stuff has been completed and I am rated at 60%. They said they would catch me up on my pay in the next day or so and sure enough there was a little over 2000.00 in my account 2 days later. What I dont know is… what will I be getting paid every first or so of the month.. my 2550 from retirement and a few hundred or so on top of that from the VA? So I get both? The 60% disability rating was not for anything combat related, it was an accumulation of things over the years. Thanks in advance.. I know the answer to this is somewhere in all these threads and I looked for a good half hour but couldnt find much about the servicemember that retires after 20.

  4. Edward A. McGIlly says:

    Jeff if you have served in a combat zone and received a disabilaty from it you are entitled to $800 per month,tax free. You are retired military,which is part of the deal. This money comes from the D.O.D. Contact the DAV, VFW or any one of the organizations that inform retired vet’s or any vet. of their rights. You can even contact “The Navy Times”. They publish a magazine once a year for all their military times on what you are intitled to. Ask for the last issue. Go on the webb to
    Good luck, Ed

  5. Don says:

    Hi everyone. Quick question. Just got medically retired and put on TDRL with 60%…. I have a VA rating of 60% right now but i have some claims still pending for another eval…. Will i receive compensation from both the VA and the Army or one and not the other….

    I am confused about all this…. Thanks Don

  6. Edward A. McGIlly says:

    If you disabilaty is combat related, in a war zone or was caused by a training exercise to do with a combat situation you are intitled to both. The best answer is to contact the Army at Or call this number toll free
    866-281-3254 between the hours of 8:00 AM and 8:00 PM. eastern time. Good luck, Ed

  7. Don says:

    since i could not produce any SIR’s from when i deployed the army said it was not related to when i was in afghanistan…. 20% is for my back and the 50% is for sleep apnea…. how they came out with 60% is beyond me…. i guess i am just stuck with VA then….

  8. HARRY says:

    I have a question. I was rated 100% Permanent & Total disabled from the VA for PTSD, and have been getting paid for it for about 6yrs. And i have beenn on TDRL for the same amount of time for 30%. I went for a re-evaluation for my TDRL and recieved 100% permanent Retirement from the ARMY. Do i qaulify for Concorrent payment from the Army retired rating as well. Will i get a monthly payment too. Or do i not qualify?

  9. Edward A. McGIlly says:

    You are intitled to a civilian Lawyer at no charge to you. Just as if you had a workmans compensation lawyer to represent you. This is a federal grant not state. Your local Veterans organizations should be able to help you or they may have advice.

  10. Edward A. McGIlly says:

    The webb site to find out about Concurrent Retierment Disabilit Pay and Combat Related Special Compensationis the defence department webb sit.
    If CRDP is granted you will automaticly get it in the mail from the Defence Finance Accounting Service. To see if you qualify for
    CRSC An application must be filled out. This optained from your individual service. Army, Call this number toll free
    866-281-3254, Air Force 800-525-0102, Navy and Marine Corp. do not have a phone number their is an E mail add.,
    Coast Cuard 202-493-1721
    Good luck, ED

  11. eddie says:

    just incase anybody is still folowing this tread.. concurrent receipt is in this years (2011) budget..

    Provides Greater Benefits to Veterans
    who are Medically Retired from Service.
    For the first time, highly-disabled veterans who
    are medically retired from service will be eligible
    for concurrent receipt of disability benefits from
    VA in addition to DOD retirement benefits. All
    medically retired servicemembers will be eligible
    for concurrent receipt of VA and DOD benefits by

  12. Damian says:

    Gulf War Illness got me.. TDRL

    5 years in was days before the E6 board overseas when I was medivac’d out of theater in 2006 for “nerve damage” after blood work, I was diagnosed with lupus and hurried out the door of Blanchfield Army Community Hospital at Ft Campbell. I was a very good soldier and even better leader. And when it came time for me needing help, I felt that it was ME vs BACH. I was made to feel like a turd and a waste of time. During this time my wife and I had a baby with a birth defect that required surgery at Nashville Children’s Hospital (great Doctors!)

    I had two different specialty doctors tell me That I either had Fibromyalia, One said Lupus, and another Specialist tell me that she thought I had GWI. after presenting that information to the Doctor at BACH during my first TDRL exam, The Hospital Commander (COL Wasserman) Stated that GWI isnt whats wrong with me because “GWI NEVER EXISTED, AND NEVER WILL!” During this Medical retirement, my family and I have been put through hell financially and emotionally. I tried to work full time with the local sheriffs office but couldn’t be on my feet all day due to fatigue and meds. My great credit has been completely destroyed just trying to put food on the table. Doc Lybarger at Nashville Va took time and listened to everything. He has been very helpful. Again doing only what I’m sure he can within his limits. VA rated me at 100% this last spring and We are still trying to play catch up with bills and trying to re-establish credit and family living.

    My story isn’t anything new, I was with 3 others that were put out with the same issues at the same time. VA in Nashville Has been pretty discreet about my issues and wont acknowledge that others have the same effects I have. (even though I have seen their thick paper back Unexplained Illness books looking heavily used) I feel that the Docs there have their hands tied by big brother..

    Im getting ready for my 2nd TDRL exam(s) and am just wishing this was all over… Ive never been made to feel like such scum or worthless like this whole system has made me feel. I miss my job and the feeling that I was doing something with my life.. Col Wasserman should be ashamed of her and her hospitals treatment of soldiers in need. Becoming Ill to no fault of our own, Kicked out the door and left to our own devices.

    a great video for all is on Google Video “killing our own” If you have ever been deployed, you need to see this.

  13. John says:

    you Really don’t believe concurrent receipt will pass anything do you, come on people , don’t you all get tired of being lied too

  14. melchor Quitoriano says:

    Forget obama, he was unable to deliver his promise for all of us. Send Michelle Obama hussein to combat, and see if she survive in an overnight stay in Camp Patriot Kuwait, where the temperature hits high @128 degrees farenheit. Do it for real Obama full of shit.we are tired of your bullshit. If it wasnt your promise, we should have vote our superstar Mc Cain. this is for real and this is for all politicians who don’t give a fuck about we, veterans, disabled and not. my name is Chief Quitoriano. US NAVY RETIREDin September 2007 due to a massive stroke in April 2007, 2 months after the 6 months deployment in Iraq.

  15. Felix Tartaglia says:

    I was discharged from the Marine Corps in 1993 after 16 yrs active duty at 20% due to an ankle injury/reconstruction. I received disability separation payment initially when discharged. I stayed out for about 5 years and then went into the PA National Guard to finish my 20 so I would be eligible for retirment pay. I completed six years in the Guard to insure I would have enough time. I have since been to the VA and they have rated me at 30%, I collect monthly only they subtract 1/3 of my disability pay saying I have to pay back what they gave me when discharged. What a scam. Especially since individuals I know were given the same payout after the same amount of years of service from being passed over for promotion. Are they paying it back also, I have heard through the grapevine that there is a recalculation of active duty time for Guard retirees to collect as early as 50, I have also heard active duty prior to the Guard does not count. Why should I be doubly penalized, paying back my compensation for an injury and also unable to collect my retirement. Could you assist me, it would be much appreciated. I have emailed the White House and they do not even have the courtesy to respond. Thank you again.

  16. Edward A. McGIlly says:

    The U.S will pledge a billion bucks to Greece for a bail out which was caused by miss managment. We are in a bigger hole than Greese. This makes no sence. How come the powers to be can get up that kind of cash in an instant? I thought it would be unlikely the concurrent pay for non combat related disabileties with less than 20 years and were also receiving V.A. compensation would not happen in this budget as it was killed in the 2009 budget. There isn’t enough cash to fill the bill. If I am incorrect please contact this web page and correct me.
    It showes how our government pickes it’s prioraties.We are low as dirt in the position of importance. A billion bucks are going to a forgin country that was told by the European Union to control their run away budget or suffer a bankrupt nation with no chance of recovery.
    Our elected officials have stepped over the line on this one.
    How dare they disgrace these pruod men and women in uniform. They have pledged their working carrier to uphold and defend the constitution of our great land. For reasons only God knows they were cut down before their time. It is not under their control to which theator they will deployed. So if a disabilety is inflicted while state side or in a combat zone isn’t not predictable. Why then are these people segragated from combat related disabilaty personel? So if that trooper was in a combat area he or she would be eligable for both payments? This is CRAP.
    The honorable troops that became disabled through no falt of their own deserve what is due them. No matter where or under what condition they became disabled, as it is written in the Constitution ” All men are created equal”.
    The government is 2 faced. Give away a billion dollars to a forgin country and on the other hand telling our disabled retirees there is not enough funds to be found that will cover the cost of what they deserve. Will God forgive the powers to be for this broken promis of what is rightfully theirs? I wouldnt put money on it.
    May God bless those forgotten troops that have given so much and in return were treated with contempt.Shame on our Congress, Senats and our President for being 2 faced. Ed

  17. BKK BIll says:

    I can hardly read these roman numerals but then I got it. I am on 10 before 200 and forty nine. So you subtract the offset of the X 10 less than or whatever less than the 50 or the 100 place holdler, and keep adding up C is 100 CC is 200, etc…

    This is about as hard as the CRDP offset is to calculate.
    Who invents all this crazy stuff? Remember the KISS principal?
    We lost that. I think we are losing it. Keep is Simple Stupd
    I mean ok like this
    Disability = $
    Pension = $

    Who invented a way to take something away and add a little bit more?
    What is this some type of puzzle or it’s a pension?
    I am up all night trying to google for the answers, I speak to a JAG, to VA, read many publications, and then finally everybody can’t agree and DFAS has the final word.

    What a mess!

  18. DAVID says:


  19. Ron says:


    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

  20. 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

  21. 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

  22. 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

  23. Fred says:

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

  24. 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!!!!

  25. ED says:

    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

  26. 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%?
    Tom G.

  27. 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”.
    For help E mail (link no longer active)
    Or call the Relierment and Annuity Pay Contact Center 1-800-321-1080
    Good luck Ed.

  28. 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.

  29. 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.

  30. Debbie says:

    has anyone heard anything more about crdp

  31. 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.

  32. 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.

  33. 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]

  34. NCCM(Ret) says:


    I am going to point you to the MOAA article that I think explains your circumstance pretty well:

    I hope this helps.

  35. 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?

  36. Jim Buzzell says:

    As usual congress passes legislation codifying it into law to pay both military retirement and VA Disability Compensation to retirees concurrently without offsets, and true to their nature DOD and VA concoct a means to make this not happen with a scheme that in essence puts military retirees back in the same boat that congress tried to take them out of by granting Concurrent Receipt of both retirement pay and VA compensation. Nothing like legislating from the Departments when it suits their purpose. Congress says you will do this and the departments say no we won’t what are you going to do about it?

  37. William Heino Sr. says:

    Oregon’s double vision of federal law and our disabled veterans.

    Oregon and the United States Supreme Court observance to law and our disabled veterans.

    Oregon’s statutes clearly offer many references, in compliance, observance, and their adherence to both state and federal law and protecting veterans benefits.

    18.600 Definitions. As used in ORS 18.600 to 18.850:
    (6) “Federal benefit payment” means:
    (b) A benefit payment from the United States Department of Veterans Affairs that is protected under 38 U.S.C. 5301(a);

    34 § 411.837¹ Compliance with state and federal laws required
    10 § 409.040¹ Federal law supersedes state law.
    26 § 279A.030¹ Federal law prevails in case of conflict

    ORS 18.345 Exempt personal property generally. (1) All property, including franchises, or rights or interest therein, of the judgment debtor, shall be liable to an execution, except as provided in this section and in other statutes granting exemptions from execution. The following property, or rights or interest therein of the judgment debtor, except as provided in ORS 18.305, shall be exempt from execution:
    (m) Veterans’ benefits and loans.
    (ORS 18.305 [Property not exempt from execution for purchase price])

    ORS 18.845 Notice of exemptions form; instructions for challenge to garnishment.
    State and federal law specify that certain property may not be taken.
    (21) Veterans’ benefits and loans.
    (22) Medical assistance benefits.
    (1) To claim such exemptions from garnishment as are permitted by law.

    Oregon’s reference’s to state federal law statutes indicates compliance. Benefits protected under 38 USC 5301. Nonassignability and exempt status of benefits, is the Oregon state and federal protection of the disabled veteran’s VA disability compensation. “(a)(1) shall not be assignable… shall be exempt from taxation, .. creditors, ..attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.”

    Yet, Oregon courts, rather than comply with State or federal law (38 USC 5301) in protecting veterans benefits, offer in response, Landis v Landis, Oregon 6/1/2005, “.. benefits are divisible … because there is no conflict.” The United States Supreme Court concurs. Disabled veterans need not apply!

    After costly legal expense, it wasn’t disabled Air Force veteran Oregon resident Peter James Barclay, or the thousands of other disabled veterans that received any benefit of these state and federal laws, involved in protecting VA disability compensation from State court ordered spousal support, and then, adding insult, denied his Constitution rights by Oregon’s State Supreme Court. And further, the unforgivable refusal of the United States Supreme Court to consider his May 2, 2012 petition, requesting, “The Court Should Grant Review to Determine Whether State Courts Are Erring as a Matter of Law By Preempting Federal Law with State Law Federal Law, by Considering VA Disability Pay Divisible Under State Community or Equitable Distribution Laws.” (Oct 1 2012) Petition DENIED.

    As a Korean era veteran, I am neither disabled, or in any divorce action. Because of the Supreme Court of the United States and Oregon’s indefensible and unconscionable treatment of disabled veterans, reflects the unforgivable uncaring of most States, and it’s legislators towards their disabled veterans. Something that is happening now, in your state! Happening… because of Oregon’s rulings. The practice by State courts nationwide reliance on forum shopping and the false notion of ‘stare decisis’ “to stand by things decided.” I suspect these references in Oregon’s state statutes, protecting state and federal veterans disability benefits, will, under pressure by Oregon’s legislators legal community, amend the law, (as they did it in Texas).

    William Heino Sr.

  38. Edward A McGilly says:

    Concurrent military pay has been thrown around for the past 11 years. I’m tired of this shell game. To all you out their, we will be shoved about by adding amendment after amendment. The WW11 retirees are almost all gone. The Korean War Retiree’s are almost half gone. The next generation is the Viet Nam Retiree’s. We are in our late 60s and early 70s. Chapter 60 of the bill that deals with concurrent pay will still be in the workings when the Iraqi and Afghan retirees’ are in our shoes. This shell game will still promises disabled retiree’s compensation to the next generation of Medically Retired veterans. They too will never see it happen.

    Our representatives that are fighting for our disability rights, with a promise, is a sham. For the last 14 years the D.O.D. and the Veterans Administration along with our politician’s do not have us in the budget, why? We are forgotten. Even in civilian negotiations for workers income increase the retirees is never included. They are considered none productive. The military and government decision makers have the same opinion about retiree’s as the civilian corporations have. “Out of sight out of mind”. Medically Retired personnel are no different. Just look at the new retirement structure that was just introduced, a 401K!

    The rest of the national budget has catered to Illegal alien’s, well fare, food stamps, extended unemployment and any other hand out committee. They have done better than the back bone of our country has. The people that protect and defend these United States, our military.

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