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Concurrent VA Disability-Military Retired Pay Pg-3

Budget Proposal Would Fix Concurrent Receipt

Published: February 26th, 2009
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

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.



263 Responses to “Budget Proposal Would Fix Concurrent Receipt”


  1. Lenny:

    Thanks for the information I just joined the youku website and i am in the process of submitting a tread.

    Thanks

    Lenny

  2. melchor Quitoriano:

    still everybody is sleeping safe and sound. hello America. wakeup

  3. FW:

    I emailed this today, please feel free to send it to your representatives if you choose.

    DR. Coburn,

    As a U.S. Senator you have acted in a fashion that is more fitting to our enemies than our representatives. You have voted for appropriations that authorized and funded the wars in Afghanistan and Iraq (at an annual rate of 200 billion +), part of this is getting our wounded warriors home and taking care of them once they return. They are not to be treated as “no deposit, no return” economic “collateral damage”. They are American soldiers, our nation’s sons and daughters and if you don’t stand with them, then you stand against them. Your quibbling over the need for “offsets” is sheer sophistry and you know it. These men and women have often fought multiple tours and now you can’t find 500 million a year to compensate them at a minimum level so they can start to rebuild their lives at home. As a vet, I brand this treason, and so do my brother and sister veterans, and by the way, 99 out of 100 Republican and Democratic senators agree with us on this one. Your lone negative vote on concurrent receipt legislation for severely disabled veterans has slowed down what should have been a unanimous vote of support for our military men and women. This is no time for you to play partisan politics against Senator Reid for your PERSONAL political agenda. If you plan to grandstand over wounded/disabled bodies, then remember that our memories are long, our allegiances across generations are unbreakable and our vote is powerful. You will pay for your perfidy and we will rally to win just support for our dead and severely injured. I am really not interested in the justifications of the flack catchers in your front office. I want commitment to economic justice for the men and women who fight when their commander and chief asks for their whole hearted allegiance (NO MATTER WHAT PARTY IS PRESIDENT). We expect nothing less than respect and fair treatment when we return home and the argument that “we can’t afford it” is not acceptable. Maybe you can cut a few presidential helicopters and congressional junkets from your budget to come up with the necessary and I stress “NECESSARY” money for this duty. I suggest you talk to your colleagues John McCain and Jim Webb (who’s sons are on the battle field), and to the thousands who have fought been wounded and had their families suffer because of their sacrifice. Please stop sending us the same glib nonsensical excuses you and your staff so disgracefully peddle to the press.

    Sincerely,

    Fred Parkhurst USN (ret), Everett, Washington

    Chip Hollister, Columbia Cross Roads, Pennsylvania

  4. Jerry:

    Well Said.

  5. Flash:

    Lenny,

    Be advised, AICD is rated under Diagnostic Code 7011. Since it is permanent, it is rated at 100%. Your service records should show complaints of heart issues, that is what you need to provide to the VA doctor. Good luck!

  6. John Croce:

    Lenny, I was diagnosed with ARVD as well but I was in the Navy at the time and was medically retired due to it. If you complained about your heart and chest pain or the rapid pulse that comes with the disease then it should be in your medical record and if it is there then its considered service connected. If its not in your record then you’re going to have a rough time proving that its service connected. For example, while on the ship I was carrying something with a senior chief, he dropped his end causing me to drop mine and it landed on my foot. It completely blew out my steel toe boot. I went to the corpsman and he said I broke my big toe but there wasn’t anything he could do for me. That event never made it into my medical record. As it turns out I did more than break my toe, I also broke part of my foot, but I can’t get a rating on it because there is no record of it.
    As for the ARVD, I was diagnosed and implanted in December of 08. I received my first shock this past june because I was being stupid, I forgot my meds and I went for a jog. Both are big no-no’s as it turns out. There is a great group on yahoo for ARVD, lots of info and other people with the disease. Just look up ARVD under Yahoo groups, its the one called mmetra.
    Good luck and take it easy,
    John Croce

  7. lenny:

    Thank you all for your responses. I did complaint of fatigue nausea, cold sweat and palpitation and there is records of me complaining for those things, I was never told what it was wrong with me. I never complaint of heart pain because at the time I did not know that those symptoms could be caused by my heart. Because I stop exercising because of my legs and my other symptoms stopped, because I was not exercising. I know that my case can go ethier way but I hope that they see the correlation and that they understand that because they never did as much as an ekg was why my condition went untreated and undetected.

    Thanks,

    Lenny

  8. John Croce:

    Lenny, ARVD is a hard disease to diagnose. I had several EKG’s while in the Navy and I kept getting told that everything looked great. What finally caught their attention was when by heart rate jumped to 290bpm AND I was able to get to the ER. They had to use the paddles on me to get my heart back into a normal rhythem, that was when they brought in an EP instead of a cardiologist and after a week of tests I was finally diagnosed.
    What branch were you in? Are you living near the East Coast? Johns Hopkins has a great ARVD group and if you can you should go there, see if you can get a referral. I’m taking 80mg of Sotalol 2X a day, what meds did they give you?
    If you want to ask any questions at all you can write me at johncroce[at]yahoo.com (replace [at] with @ for correct email address)
    Take it easy and good luck
    John

  9. Lenny:

    Thanks for your reply,

    I am in the east coast in tampa to be exact, I was never diagnose in the military they just told me that my body was overworking itself and as for arvd you know that if you don’t catch the episode in the moment everything looks fine after. I had a couple of episodes back to back that reminded me of the military but they seem to get worse and worse. When I finnaly went to the doctors after having palpitations for three hours they told me that everything was ok and to resume my normal life. A week later I had another episode and I went to the hospital I had my hr at 248 and they had to shock me to get me back to norma. I started with 80 mg of sotalol but I got shocked already and was moved up to the 120 mg twice a day. This has all been withing 6 months. I hope to level off an not be shocked anymore as this is not a pleasant experience. My only hope is that the va can see the correlation of my symptoms and my desease and can award me the much needed help I need.

    Thank you all for your comments.

    Lenny

  10. melchor Quitoriano:

    First and foremost, it’s alright to miss taking your meds, but please don’t miss giving thanks and praise to the giver of life. God bless. Mel

  11. melchor Quitoriano:

    so how much should I be recieving soon, being medically retired @ 100% by DOD and VA rated me 100 % also permanent. time in service 20 years and 11 months. Date of retirement was 13 september 2007. please help me out. I will soon be transferred to PDRL. severely disabled. please I need brains here.

  12. Edward A. McGIlly:

    I was medicaly retired in 1968 as an E-3 at 50% from the U.S.A.F. My time in served on active duty was 2 years and 8 months, which was State side only. My disabilaty was inflicted during my training school which was for the support of B-52 bombers S.A.C. Squadrones.
    In 1998 I was rated at 100% permanent and total by the V.A. with Cronic kidney disease, service conected. I received a kidney transplant in Aug.of 2001. I have been in the V.A. hospital more times than I can count for relater problems from the disease,kidney diyolases and transplant. The amount of surgerys I have had is 26.
    With this information I would like to know if I meet the requierments for concurrent retierment pay and V.A. compensation.
    I ahve been following this HR-2990 debate since it was introduced to the House of Representatives. It is to confusing to comprehend. I have contacted Air Force presonel in San Antonio Tx. All it did was confues me more. They patched me over to a Gov. service that has all the info. on concurrent pay. I think it’s all a big monkey #^$#@#. Plaese help.
    Ed U.S.A.F. Retired
    P.S. I was shipped to Chealse Navey Hospital in Boston Mass in 1968. My stay was for 1 year 2 months. My longest time in service was spent at Chelsea N.H.. I Thank God every day for the U.S. Navy and Marine Corp. They saved my life more than once.

  13. Lon Z. Shuler:

    John in reference to your remarks of the incident of droping something on your foot. Do you have a MRI or X-ray to verify the condition of your foot. You can also get a statement from the Chief who was with you. He will be an eye witness to the accident. That is your proof that it happened. Further, get statedments from your buddies that knew the about the accident. Good luck. Lon

  14. Edward A. McGIlly:

    Has anyone read comment CLXV111. If I could get an anewer to my question, anyone please. It would be greatly appreciated.
    Thank you, ED

  15. JT:

    Ed, If I read this correctly then you would be eligible for the Concurrent Pay with the reduction applied from the lesser of the 2 following reductions:
    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.’.

    With that said, I am not an expert on this and this is only the way that I read this.

    Good luck,
    Jamie

  16. melchor Quitoriano:

    so what i should be getting for 20 yrs and 11 months. medically retired both dod and VA@ 100% permanent. I need clarification please. please refer to question CLXVII thank you for your feedback.
    Chief Q Retired

  17. Edward A. McGIlly:

    Jamie;
    Thank you for your help. I will ivestigate chapter 38 and use the sections as you sujested. I sent away for the application for concurrent pay. There is not enough questions asked to explain your disabilaty and how this was incurred. There is a phone number given if you need help.
    Again thank you Jamie. Ed

  18. DAN ANDERS II:

    http://www.dav.org 15 Sep 09- GAry Senise (actor is leading a DAV Virtual March today.

    Join now…have your voice noted…

    V/r Dan Anders II

  19. NCCM(ret):

    Today, I received a response to my letter to Senator Corker of TN. Here is an excerpt from his response;

    “I would have supported Senator Reid’s amendment concerning concurrent receipt of both military retired pay and disability compensation but this amendment was not brought before the Senate for a vote. As you mentioned the House has a similar provision in its version of the bill.

    The House and Senate have yet to reconcile the differences in their respective bills. However, the insight you have provided in your letter will certainly help my staff and me more effectively consider these issues when the FY2010 Defense Authorization bill conference report comes before the full Senate for a final vote and I thank you for your input.”

  20. Robert:

    Has anyone seen H.R.2647 I think This passed if iam redind it right

  21. Robert:

    Division D – Disabled Military Retiree Relief Act of 2009
    Disabled Military Retiree Relief Act of 2009 –
    Title I – Compensation and Benefits for Members of the Armed Forces and Military Retirees
    Subtitle A – Bonuses and Special and Incentive Pays
    Section 101 –
    Extends through 2010 specified authorities currently scheduled to expire at the end of 2009 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
    Subtitle B – Retired Pay Benefits
    Section 111 –
    Provides for the recomputation of retired pay and adjustment of the retired grade of reserve retirees recalled to an active status in the Selected Reserve for at least two years. Authorizes the Secretary of the military department concerned to reduce the two-year service requirement for a member so recalled to serve as an adjutant or assistant adjutant general in the National Guard when the member serves for at least six months but fails to serve for two years as required by the laws of the state, district, or territory in which the member is serving.
    Section 112 –
    Allows members who serve in an active reserve status in the Selected Reserve for at least two years after becoming eligible for active-duty (regular) retirement to elect a non-regular retirement for which they are qualified in lieu of the active-duty retirement. Authorizes the Secretary concerned to reduce the two-year service requirement for a member so recalled to serve as an adjutant or assistant adjutant general in the National Guard when the member serves for at least six months but fails to serve for two years as required by the laws of the state, district, or territory in which the member is serving.
    Subtitle C – Concurrent Receipt of Military Retired Pay and Veterans’ Disability Compensation
    Section 121 –
    Extends through 2013 eligibility for the concurrent receipt of military retired pay and veterans’ disability compensation for veterans who were retired or separated due to physical disability, regardless of their disability rating or years of service.

    THIS IS IN H.R. 2647

  22. John Croce:

    Hey guys, I need help and I didn’t know where else to post this. I was medically retired in June and decided to use the GI Bill to go back to school since the nature of my injury prevents me from working in the field that I was trained in. So, I submitted my application electronically on 28May09, the GI Bill folks lost it until 13July09, they then sent it to the wrong office, St. Louis instead of Buffalo, and filed it in the wrong category, supplemental instead of original. So, I find all this out just a few days ago and the GI Bill folks tell me they now have it in the correct office etc… The problem is that they say its still going to take the normal eight weeks to process. That means that a process that is only supposed to take 8 weeks is actually taking six months. Do any of you know of someone to call in the VA that can expedite this or at least look into it? It might sound silly or frivilous, but retirement pay isn’t enough to live off of and buy books, tuition etc…
    I appreciate any suggestions you guys have,
    thanks,
    John

  23. Lenny:

    I just want to update you guys I got a phone call from the va stating that they did give me the service connection for my arvd they gave me 70 percent. They missed the defibulator part but I will do a letter of recosideration since according to dc7011 it’s an automatic 100 percent. Thanks for all of your imput and for helping me through this.

    Lenny

  24. JT:

    John, Are you using the Post 911 GI Bill? If you just got out you should be qualified for this and this will give you living expenses in addition to your tuition. This also may be the cause of the confusion in the VA. They are so slammed right now with the Post 911 Gi Bill applications that it has really bogged them down. I am not sure how the confusion started. You can talk to the VA Rep at the school that you want to go. They will have contacts at VA that they can call or give you to call. I have used the VA website under the Gi Bill Contacts. I have asked questions through the e-mail contact and they have responded pretty quickly.

    Good Luck,
    JT

  25. NCCM(ret):

    I have actually been writing a bit about the GI Bill

    It will be up to your school to let you start and wait for the VA to pay the tuition, books – the VA will pay $41.67 per credit hour to a max of $1000 per year, you don’t have to save receipts – it is automatic.

    It does sound as if you may also qualify for a federal grant (free money) http://www.fafsa.ed.gov/ You must be enrolled in school to get the money after they verify your income / getting the GI Bill is not a determining factor when they determine if you are qualified to get the grant.

  26. DAN ANDERS II:

    Anyone have anything to add about CRDP of late? Hope you all are still fighting.

    V/r Dan

  27. DK:

    Congress may wind up the NDAA negotiations this weekend for a vote Tuesday night on the final bill that could authorize concurrent receipt for Ch. 61 retirees with less than 20 years service. MOAA has the following:

    “House and Senate leaders are working NOW to finish action on the FY2010 Defense Authorization Bill — and will be making final decisions soon on many issues that affect you and your family.

    There are important differences between the House and Senate bills on health care, manpower levels, concurrent receipt, SBP/DIC, Guard/Reserve retirement, and many more personnel and compensation issues.

    Please send the MOAA-suggested message urging your legislators to make these important fixes in the final version of the defense bill.”

    You can still send your Senators and Congressman a final email encouraging support for this and other important personnel policies, here: (link no-longer valid)

  28. John Croce:

    I know that I don’t know much about how the budgeting system in congress works, but I do know that today is the first of the fiscal year. Doesn’t that mean that the budget has to be done? So do we have an answer as to whether or not Concurrent Receipt for chapter 61 Vets was approved in some form or other?
    Just wondering.
    Thanks,
    John

  29. Eddie:

    John,
    I have been all over the internet and calling my senators and congressmen to get an update. From what i’ve been told it is still being hashed out between the house and senate. They have to look at what is different between the 2 defense bills and vote to keep it in the defense bill or not. I dont think we will find out until they they read the final bill.. We need to keep our fingers crossed and keep on our congressman and senators to make sure they know we mean buisness..

    Eddie

  30. DK:

    John,
    There are two separate bills every year that deal with the defense department programs and budgets. The appropriations bill is the one that has to be passed by 1 October or the government stops. Congress did pass an extension (continuing resolution) on Weds., which funds the government as a stop gap until the appropriations bill for defense is passed. That said, the bill to watch is the NDAA (defense authorization bill), and entirely different law that “authorizes” programs and expenditures. It is this bill that will determine the CR for Ch. 61 issue. While the Appropriations bill is being debated now, the Authorization bill is in committee still. According to the newspaper, “The Hill”, the staffers working on that bill have been instructed to be prepared to work through this weekend. That’s a good sign that the compromise bill may emerge next week. Long story short, keep an eye out for the Authorization bill and ignore the Appropriations bill (the one in the general news). We should know Yea or Nay I’m guessing by the end of next week.

  31. dK:

    Oct 5, 2009:

    An update from today’s “TheHill”, the newspaper on Capital Hill. Looks like another week before we know what’s in the NDAA conference report and, hence, the status of the Ch. 61 issue:

    “Defense authorizers are on the cusp of announcing a conference agreement on the 2010 defense policy bill.

    The final conference report likely will be ready next week—but not before the House formally appoints its conferees on the bill. So far negotiations have taken place informally between the leaders of the Senate and House Armed Services Committee.” Full article is here:

    http://thehill.com/homenews/administration/61479-defense-conferees-close-to-deal

  32. dK:

    RE: My last note (above). The dateline on the article was last Friday, not today, so I guess this means we should “probably” know something THIS week, not next… Fingers crossed.

  33. melchor Quitoriano:

    excited and still waiting what’s up
    hope for the best for all of us.
    r/ Chief Quitoriano of San Diego

  34. tom:

    not looking good for us 2010 ndaa

  35. Eddie:

    looks like our only hope is a presidental veto and we know that isnt coing to happen..

  36. Beth:

    I was wondering where you saw this (Eddie)? We have been following this issue closely. Thanks!

  37. tom:

    here is highlight of 2020 ndaaa http://armedservices.house.gov/pdfs/HASCFY10NDAA061709.pdf

  38. tom:

    oops2010 not awake yet other release out there stating adminstration didnt consider on how to finance this samething thats said every year always next year or the president vetos it and ask for it and i do not see that happening

  39. JT:

    Maybe I missed it, but I didn’t see one word in that military plan about retirees. Is there another plan that covers retirees or did they just leave us out entirely?

  40. melchor Quitoriano:

    still waiting on president barack hussein obamas promise to us.

  41. Flash:

    You are looking at the H.R. write up, not the P.L. or joint resolution folks

  42. sandy:

    I hate to say this, but this time around I think its time for the fat lady to sing.

  43. JT:

    Where is the P.L or the joint resolution?

  44. JH:

    Here’s a part of the MOAA update on the 2010 NDAA:
    Unfortunately, the new legislation also produced some significant disappointments in that it:

    Dropped the House plan to phase out the disability offset to retired pay for medically retired (chapter 61) members. This is a particularly devastating setback because, for the first time, the President’s budget had included this measure, and House leaders had found funding for the first year. Some in the Senate objected to the specific funding sources identified by the House, and leaders could not find other offsets to comply with Senate budget-scoring rules.

    Sad day – god bless all.

  45. Gary Ballard:

    Looks like another year before CRDP changes…….Oh well :(

  46. JT:

    See you guys next year

  47. KH:

    Defense bill has gains, losses in benefits
    By Tom Philpott, Special to Stars and Stripes
    Inpatient Fee Hikes Blocked; Obama’s ‘CR’ Plan Rejected

    The last decision made by House-Senate conferees negotiating final details on a fiscal 2010 defense authorization bill Tuesday was to insert language that will rollback an announced Oct. 1 increase in fees charged to TRICARE Standard beneficiaries for stays in civilian hospitals.

    Related Military Update: “Small” Inpatient Fee Hike Is 21%

    The surprise fee increases, which were reported here last week, gave lawmakers a chance to ride to the rescue and, in effect, put a cherry atop the $680.2 billion defense policy bill, at least for working-age military retirees and their families who would have seen a $110-a-day bump in hospital bills.

    That was a fortuitous opportunity for the armed services committees because other pay and benefit initiatives in the bill are relatively modest compared to past years. And the gains are dampened by some too-familiar legislative disappointments for service members, veterans and their families.

    One new disappointment is that the Democratically-led Congress couldn’t find money to support President Obama’s call to phase in “concurrent receipt” for disabled retirees who are forced by ailments or injuries to leave service before completing 20 years’ service.

    Learn more about TRICARE.

    His plan would have boosted the pay of 103,000 “Chapter 61” retirees at a cost of $5.4 billion over 10 years. The House alone had voted to take the first step, using dollars freed up from an energy appropriation, to expand the Concurrent Receipt and Disability Pay (CRDP) program Jan. 1, to retirees with fewer than 20 years and disability ratings of 100 percent or 90 percent.

    But Senate conferees concluded it would violate Senate budget rules to take even a first-step in Obama’s phase-in plan without proper funding.

    The principle behind concurrent receipt is that the Department of Defense should pay retirees an annuity for total years served and VA should fully compensate them for their disabilities. For many thousands of disabled retirees, retired pay still is reduced or “offset” by disability compensation.

    Obama promised in his presidential campaign to extend concurrent receipt to all disabled military retirees. But White House budget officials were stunned to learn the cost — $45 billion over 10 years – and so lowered their first-term target to all Chapter 61 retirees, clearly an unpopular compromise.

    House-Senate Conferees also rejected two familiar Senate-passed initiatives as unfunded. One would have ended a reduction in Survivor Benefit Plan (SBP) payments to 54,000 widows who also draw Dependency and Indemnity Compensation (DIC) from the Department of Veterans Affairs.

    The other provision tossed would have made 140,000 more reservists mobilized since Sept. 11, 2001, eligible for earlier reserve retirement. In 2007, Congress had lowered the age 60 start of reserve retired pay by three months for every 90 consecutive days that a Reserve or Guard members is called up for war or national emergency, if they otherwise qualify for retirement. For lack of funds, Congress made the change applicable only for deployment time after Jan. 28, 2008. That restriction will remain will remain.

    Conferees did clear for final passage dozens of other initiatives: to raise or extend special pay and bonuses; to improve support for wounded warriors, reserve component personnel and their families; to protect and improve the military health program and to strengthen voting rights for service members. Here are some highlights:
    http://www.stripes.com/article.asp?section=104&article=65276

  48. JH:

    I just found this action that looks to have happened in the house on the 7th:

    H.RES.808
    Title: Providing for consideration of the conference report to accompany the bill (H.R. 2647) to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, to provide special pays and allowances to certain members of the Armed Forces, expand concurrent receipt of military retirement and VA disability benefits to disabled military retirees, and for other purposes.
    Sponsor: Rep Slaughter, Louise McIntosh [NY-28] (introduced 10/7/2009) Cosponsors (None)
    Related Bills: H.CON.RES.196, H.R.2647
    Latest Major Action: 10/8/2009 Passed/agreed to in House. Status: On agreeing to the resolution Agreed to by recorded vote: 234 – 188 (Roll no. 765).
    House Reports: 111-289

    Anybody know if this means CDRP for CH61’s still has some life this year?

  49. Dan Anders II:

    Does anyone know if 20 Year retirees with 40% or less get any concurrent out of this “Lying administration”….

    V/r Dan

  50. KH:

    20 Year retirees with 40% or less get concurrent receipt only if their injury is “combat related”. The over 400,000 retired disabled veterans who have a service connected disability that is not combat related do not receive concurrent receipt. This created the categories of worthy and unworthy for those who do or do not receive concurrent receipt.

  51. Mike:

    Hi guys, I’m retired Air Force and I found out two months after retiring that I had parathyroid disease. I eventually had the surgery and also developed osteoporosis from this. Since it’s within one year of retiring and I most likely had this for who knows how long will both diseases be service connected. I’m rated at 30% right now for shoulder and hearing. Thanks
    Mike

  52. JT:

    Mike, You just need to contact the VA and they will most likely make it service connected. I had a friend that got out of the military and a little less than a year later he collapsed from a brain tumor. It took a little while for the processing but it was found to be service connected since it was a short time after getting discharged.
    Good Luck and stay on top of the VA to get your paperwork complete.

  53. DK:

    Dan (Anders):

    When you use terms like “Lying Administration” what do you mean? Obama’s promise, which he reiterated, was to include CR for Ch. 61 retirees. He included that in his budget. The president cannot “order” a new entitlement. The congress let us down big time. Let’s be sure we know who we mean. The congress is NOT part of the administration, so I think we can find various congressmen who promised to get us the bill this round who didn’t come thru. Obama is not one of those.

  54. JH:

    Anybody think the second aircraft engine and no CRDP is enough for the President to veto the 2010 NDAA? I haven’t been able to find any reaction or expressions of outrage in the media to this other than Hill at the Legion.

  55. FW:

    A very good question, where are the veteran organizations who spend millions of dollars on conventions every year? Why aren’t they using their media power to jam the airways with outrage? It would appear to me they’re more concerned about their public image and not the welfare of veterans they’re supposed to represent. Keep sending in your dues, someone has to attend the yearly conventions……..

  56. KH:

    Just providing the following info to show that President Obama made his initial promise to grant concurrent receipt to “all” groups not receiving the benefit. He later changed it to Chapter 61 only as a cost saving measure. If anyone wants the source for that information would be glad to provide it. What follows is his promise to support concurrent receipt for all retired disabled veterans:

    Searching the internet on the AMVETS web site the magazine can be found which has the article by Isaac D. Pacheco, titled “The Case for Hope”, in which then President Obama was interviewed on may questions facing veterans in our country.

    Seven questions were asked of President Obama. The second question is as follows:

    AMERICAN VETERAN: Concurrent Receipt is currently a step-in model. All VSOs have called for an immediate change to full concurrent receipt. What are your feelings on this issue?

    PRESIDENT OBAMA: I support immediately and completely ending the veterans disability tax and providing full concurrent receipt of retirement and disability benefits. Both forms of compensation are provided for different purposes. One is for a payment for a lifetime of service, the other is compensation for disabilities sustained in the line of duty.

  57. Mike:

    HI,
    Will full concurrent receipt still be phased in by 2013 regardless
    for all retirees rated at 40% and lower if not combat related? Or is
    this just a possibility that may happen after everyone gets their welfare checks, free access, and other BS bail out programs. There wouldn’t be any bailout plans if not for the sacrifices of our
    brothers and sisters in arms.
    Mike ret. MSgt

  58. John Croce:

    President Obama wanted to extend concurrent receipt to chapter 61 retirees, as far as I know there is only the regular retired and the chapter 61, I’m not aware of any other group of retirees. I also want to remind you that it was Tom Colburn(R-OK) that put the k-bosh on concurrent receipts for us. For some reason people keep looking to blame this administration and the democrats for this failure, it wasn’t them. Obama cannot just unilaterally grant concurrent receipts, the “power of the purse” lies with the legislative branch. Senator Reid was looking out for us but it was a republican senator that squashed it. There seems to be a misconception that the republican party is for the military, and its only partly true. They believe in military spending in the form of R&D, new ships, more weapons, more troops, etc… They don’t look out for the actual military member. The last republican to do that was Reagan, that was over 20 years ago. Since then our largest pay increase came from a democrat(Bill Clinton) the only reason we had a few good pay increases in the early 2000’s was because the payraises that Clinton signed were not done. http://www.wral.com/news/local/story/138109/ Bush did nothing for our troops in the form of compensation, he milked congress for money to fund the war while offering the smallest pay increases for our troops since before Reagan took office. And thats not even bringing up the moral question of putting American lives in danger for whatever his cause or crusade in the middle east was. For some reason people here are trying to politicize this topic and it shouldn’t be about that, it should be about the government doing what is right, blaming one party or the other doesn’t help especially if you don’t have your facts straight.
    V/R
    John

  59. KH:

    There are now 43 sponsors for S-546. Saw and October date for one senator who added their name. Least there still is new support for this legilsation. Maybe they can pass it as “stand alone” legisation and get it passed. What follows is the list of the 43 supporters.

    Sen Baucus, Max [MT] – 10/15/2009 Sen Begich, Mark [AK] – 5/4/2009
    Sen Bennet, Michael F. [CO] – 5/19/2009 Sen Bingaman, Jeff [NM] – 5/19/2009
    Sen Boxer, Barbara [CA] – 3/16/2009 Sen Brown, Sherrod [OH] – 3/10/2009
    Sen Brownback, Sam [KS] – 6/17/2009 Sen Burris, Roland [IL] – 3/23/2009
    Sen Cardin, Benjamin L. [MD] – 3/12/2009 Sen Casey, Robert P., Jr. [PA] – 4/20/2009
    Sen Cochran, Thad [MS] – 3/19/2009 Sen Collins, Susan M. [ME] – 4/20/2009
    Sen Dodd, Christopher J. [CT] – 4/21/2009 Sen Dorgan, Byron L. [ND] – 3/12/2009
    Sen Durbin, Richard [IL] – 3/10/2009 Sen Feinstein, Dianne [CA] – 6/3/2009
    Sen Harkin, Tom [IA] – 4/2/2009 Sen Hutchison, Kay Bailey [TX] – 5/14/2009
    Sen Johnson, Tim [SD] – 3/10/2009 Sen Kennedy, Edward M. [MA] – 3/10/2009
    Sen Kerry, John F. [MA] – 3/10/2009 Sen Lautenberg, Frank R. [NJ] – 3/16/2009
    Sen Leahy, Patrick J. [VT] – 6/25/2009 Sen Lieberman, Joseph I. [CT] – 3/10/2009
    Sen Lincoln, Blanche L. [AR] – 3/10/2009 Sen Menendez, Robert [NJ] – 4/1/2009
    Sen Mikulski, Barbara A. [MD] – 3/12/2009 Sen Murkowski, Lisa [AK] – 9/23/2009
    Sen Murray, Patty [WA] – 3/11/2009 Sen Nelson, Bill [FL] – 4/20/2009
    Sen Sanders, Bernard [VT] – 5/4/2009 Sen Schumer, Charles E. [NY] – 3/12/2009
    Sen Sessions, Jeff [AL] – 3/25/2009 Sen Shelby, Richard C. [AL] – 3/10/2009
    Sen Snowe, Olympia J. [ME] – 4/20/2009 Sen Specter, Arlen [PA] – 3/17/2009
    Sen Tester, Jon [MT] – 3/23/2009 Sen Udall, Mark [CO] – 6/3/2009
    Sen Udall, Tom [NM] – 4/23/2009 Sen Vitter, David [LA] – 3/18/2009
    Sen Warner, Mark R. [VA] – 9/22/2009 Sen Whitehouse, Sheldon [RI] – 3/10/2009
    Sen Wyden, Ron [OR] – 3/10/2009

  60. Edward A. McGIlly:

    This website has had no action since the fall of HR-2990 Concurrent pay. So to get your blood boiling how about this; Nancy Pallocie is the Speacker of the House. Her husband owns 47% of Star Kiss Tuna Comp. Star Kiss owns Dole food products. Dole Food’s has plantations through the Islands of The American Samoa. Dole employs 95% of Samoas workers. The last unemployment insurance increse went fron $5 and change to $7 and change. Nancy, using her clout, did not allow the work force on the Samoan Islands to get this nation wide bennie. A plus for her hubby. Dole was exempt from paying the raise. That’s not all; in this years vote to pass the 2010 budget Nancy, some how pushed in a multi, multi, million dollar fund to be given to the work force of the People of The American Samoans.
    This fund paid by the American tax payer is subsedising the unemployment insurance that Nancys husbands company, Dole was exempt from paying. That puts more profit in the pockets for Dole and Star Kiss. This should be an inpecable cause or jail time for Nancy. She has the balls to call Republicans “robbers”.
    This type of tit for tat has been rampid for a long time in our state and federal capitals. So what’s new????
    I would like to know why Nancy and the majority leader of the house put the kabosh on concurrent military and V.A.bill HR-2990?? We the people were told the budget cant skim any more cash off the 2010 budget for it’s Disabled Military retired veterans. i guess the media still has stars in their eyes and kisses all around for the Dems. We;again got the shaft big time. Ed

  61. DK:

    John (Croce)
    Excellent post a couple entries above. But reading further on past your FACTS, it seems that facts can be inconvenient. Now Nancy Pelosi is the one who torpedo’d CR for Ch 61? Yikes. This is why we will continue to make so little progress.

    Thanks also to this thread. It has been (overall) the most informative place on the web, IMHO. I hope we’ll keep up the fight — it will be harder, but that’s no reason to quit.

    Don

  62. Dan Anders II:

    http://capwiz.com/usdr/issues/alert/?alertid=14256366

    All Cut apaste this link to send more emial to your Reps in congress to initiate a seperate bill action.

    V/r Dan

  63. John:

    I don’t have much faith in the United States anymore, Im done, not waiting anymore for anymore,
    THE Goverment can keep their money

  64. Joe:

    I am a USN 20 year retired veteran with a 40% VA disability rating. I work for a VA hospital and it amazes and burns me up how many people I see every day that receive a VA disability check every month for some lame injury while serving two years in peace time. Why should I have to prove that my injuries were combat related? Are my training injuries less worthy than someone who didn’t dedicate a large chunk of their adult life to our country? I’m glad that those folks are getting something for their service, but my retirement check reflects 20 years of service and should not be diminished by my VA check!

  65. John:

    I hear living in Canada is pretty good. thinking when wife passes thats where Im going to go,,,be Canada citzen, nothing here in U.S. anymore,,, since “truth and Honor” is out the window in the United States
    Congress if full of nothing but Traitors

  66. SSG RET Rusty:

    They pass a 1.1 TRILLION dollar spending bill and we sit here with 40% and less disability. Still our congress and pres says we can’t aford to pay you but we can give a 2% rase to the rest of the goverment and spend money for pet prodjects under the cloat of ceateing Jobs lets fire them all and start over what say you? I just Don’t get it can some one tell me why every elect. they tell us I’m going to do this or make it right then they don’t because they can’t aford it then do some’n like pass a 1.1 Trillion dollars spending bill and still we are left out. just blowing off steam lot a good it will do huh thanks

  67. KH:

    SSG Rusty

    As the old saying goes I feel your pain. Agree with you 100%. Though Congress does not help all of us left out of concurrent receipt. Though they pay lip service, and use the issue to gather votes each election. Though common sense tells anyone that all veterans of every deserving category should be receiving concurrent receipt. There is still a small ray of hope. Excellent veteran organizations such as MOAA, NAUS, USDR, AMVETS, FRA have concurrent receipt as their concern on their various legislative agendas. Though it may take years to pass the issue is not forgotten. In the past I wrote many letters, made many calls, joined many organizations to further the effort of concurrent receipt. Next year when congress starts the new legislative year, the effort will begin again for concurrent receipt. Before 2003 there was no concurrent receipt. Many bits of legislation have passed since then. It is only a matter of time for the issue to succeed. But it will be much later than sooner in my estimation. The veteran service organizations will continue the fight, even if individual veterans such as myself get disallutioned on the issue.

  68. Hanford J. White:

    Will chapter 61 retires get concurrent pay under the 2010 bidget if 100%under va rating??

  69. c3:

    Chapter 61 reirees were ignored by the majority of politicians including those that support the military and veterans. Veterans especially disabled veterans are overlooked and will continue to be overlooked until we can purge ALL the politicians that only give ‘lip service’ to our needs

  70. John:

    I Vote,,,, they’re outta there come next year

  71. SSG RET Rusty:

    Got that right but who can ya vote for when they lie to ya everytime I think finaily we are going to get what is due us what is right and then they say sorry guys don’t have the money and then pass a spending bill for a trillion dollars OMG what country are we living in don’t resimble the one I fought for thats for sure

  72. melchor Quitoriano:

    we never quit working for our beloved land America, but human wisdom always let us down because of their inability to get their souls together. God bless to us all that believe in God. Happy New Year my fellow veterans. God bless to all of us and keep hangin in there. v/r ENC (SW/AW)Chief Quitoriano, USN Retired in September 2007 due to massive stroke.Totally and permanently disabled. Thank You Mr President and the entire America.

  73. John:

    I’d rather have “NO Government” than a bad , lying, two faced, Government, Replace Comp payments for chap 61 and no COLA with cash for clunkers, and tennis courts,,, no thats whats CALLED TREASON,,, these people in Government are TRAITORS, flat out TRAITORS and thats how the Voter should look at them
    this is all Im worth, not even better than a used car
    TRAITORS, all a bunch of TRAITORS and their supports TOO

  74. SSG RET Rusty:

    Has anyone heard anything new on concurrent recipt or is that not part of the midterm elect. ? any way here is wishing ALL my fellow veterans HAPPY NEW YEAR and the best of luck in the new year.

  75. mgysgtscott:

    Wow,that is a lot of info.
    Here is my info.
    After being hurt in combat in Iraq.
    I will be retire as a chapter 61 retiree with 14 years as an E-9. The PEB gave Me 60% TDRL. So I can estimate that as $2700 or so
    Tax free from the DOD.
    Since I don’t have 20yrs I will not get CRDP it seems.
    I will have a VA rating of 70%. But since CRDP for Chap 61
    Can anyone help me estimate if I get more cash from some other source?
    I have been told there are different options. I just don’t want to find out after that I made a bad pick.
    I talked to the VFW in San Diego and he said that I WOULD get both va and my DOD cash . Due to me
    Having a VA rating over 50% and that my retirment Is combat related and that both will be tax free.

    Do you all think this is correct?
    Scott
    Gysgtscott[at]aol.com ([at] = @)
    Thanks for any info I can get.

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