This is an area that has gotten allot of publicity this year, unfortunately not all good. I have pieced together the most current information I could find and have made it available to you here. Since this is an issue that affects anyone with a disability, I would ask that after you have read through it and digested the information, that you drop me a quick line with your view on the whole situation. Thank You
From Google Newsgroups: Home | Interests
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The Retired Enlisted Association (TREA)
Legislative Affairs Office
909 N. Washington St, Suite 301
Alexandria, VA. 22314-1555
Phone: (703) 684-1981
Fax: (703) 548-4876
Email: [email protected]
Legislative Update for December 6,
2002
FY 2003 NATIONAL DEFENSE AUTHORIZATION ACT
On Monday, December 2, President Bush signed into law (P.L. 107-314) the FY
2003 National Defense Authorization Act. A major issue of interest to
veterans was the restoration of retired pay (concurrent
receipt). Although
Congress fell far short of providing full
concurrent
receipt for disabled
retirees, the measure provides special compensation for military retirees
with disabilities related to combat. Specifically,
-- Retirees with a disability rating of 10% or higher attributed to the
award of a Purple Heart;
-- Retirees awarded a disability rating of 60% or higher for injuries or
illnesses attributed to combat situations, combat-related training,
hazardous duty, or instrumentalities or war.
Eligibility for special compensation will be determined by the Secretary of
Defense and regulations should be published within 180 days.
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FRA News-Bytes 12-12-02
Rep. Bilirakis Will Reintroduce
Concurrent
Receipt Bill in the 108th
Congress
In a meeting with representatives from FRA and other military and
veterans organizations, key staffers confirmed that longtime
concurrent
receipt champion Rep.
Michael Bilirakis (Fla.) will
immediately reintroduce
concurrent receipt
legislation in the
108th Congress when it convenes on 7 January 2003. The bill
number will probably again be H.R. 303, and FRA salutes Honorary
Shipmate Bilirakis for his tireless advocacy on this very
important issue.
When the 107th Congress adjourned, every unpassed bill introduced
during its tenure died. The 108th Congress then begins with a
clean slate. FRA and other organizations will then work to ensure
that legislation addressing issues like
concurrent
receipt and
reform of the Survivor Benefits Plan (SBP) and the Uniformed
Services Former Spouses Protection Act (USFSPA) are reintroduced.
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from the retiree website:
www.fra.org has some new info:
Retirees Win One, Lose One
As House-Senate conferees ironed out final details of the
2002 defense
authorization bill, sources confirmed two decisions affecting career
military retirees. One, conferees rejected a Bush administration
proposal to require 700,000 military retirees who use both the VA health care
system and military hospitals or clinics to use one system or the other, but not
both. Given the specialty care available only through the VA -- for
prosthetics, blind rehabilitation, spinal cord injuries and alike -- conferees
decided that Bush's ``forced choice'' plan was a bad idea.
Retirees lost one, too, when conferees couldn't find money to lift the
ban on concurrent
receipt of both military
retired pay and VA disability
compensation. They did agree to raise special monthly payments, now
running $100 to $300 a month, for the most severely disabled careerists. The
raise will be modest, no more than $50 a month over two years. But a
``gesture'' of some extra money will go for the first time to retirees with
disability ratings of 60 percent, source said. Details were not available but
will be explained in a future column.
On Wed, 12 Dec 2001
17:57:57 -0500 (EST
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found this on the CR site.
Combat-Related Special Compensation (CRSC)
The 2003 National Defense Authorization Act authorized new payments to
be made to all military retirees whose disability resulted from a
combat injury or wound for which they were awarded a Purple Heart. In
addition, the NDAA authorized military retirees whose 60 percent or
greater disability resulted from combat-related activities (as
determined by criteria set by the Secretary of Defense). Such
activities would include, for example, injuries received in live-fire
training exercises. The monthly payment DOD would be authorized to
make could range from $103 to $2,160. In addition, the conferees
continued payment of a special stipend ranging from $50 to $300 per
month to approximately 33,000 severely disabled military retirees with
a VA rating of 60 percent or higher (SCSD). Although these provisions
do not benefit the entire disabled retiree community, the Conferees
believe that this is another significant step towards amending the
concurrent
receipt law.
The new program will pay all Purple Heart recipients the amount of VA
disability related to the award of the medal, and four categories of
pay will also be added for disabilities 60% and greater as covered in
DOD Instruction 1332.38 (DODI).
Combat-related (as defined by the DODI)
This standard covers those injuries and diseases attributable to the
special dangers associated with armed conflict or the preparation or
training for armed conflict. A physical disability shall be considered
combat-related if it makes the member unfit or contributes to
unfitness and was incurred under any of the circumstances listed in
paragraphs 1 through 4 below.
1. As a direct result of armed conflict. The criteria are the same as
in paragraph above.
2. While engaged in hazardous service. Such service includes, but is
not limited to, aerial flight duty, parachute duty, demolition duty,
experimental stress duty, and diving duty.
3. Under conditions simulating war. In general, this covers
disabilities resulting from military training, such as war games,
practice alerts, tactical exercises, airborne operations, leadership
reaction courses; grenade and live-fire weapons practice; bayonet
training; hand-to-hand combat training; repelling, and negotiation of
combat confidence and obstacle courses. It does not include physical
training activities, such as calisthenics and jogging or formation
running and supervised sports.
4. Caused by an instrumentality of war. Incurrence during a period of
war is not required. A favorable determination is made if the
disability was incurred during any period of service as a result of
such diverse causes as wounds caused by a military weapon, accidents
involving a military combat vehicle, injury, or sickness caused by
fumes, gases, or explosion of military ordnance, vehicles, or
material. However, there must be a direct causal relationship between
the instrumentality of war and the disability. For example, an injury
resulting from a Service member falling on the deck of a ship while
participating in a sports activity would not normally be considered an
injury caused by an instrumentality of war (the ship) since the sports
activity and not the ship caused the fall. The exception occurs if the
operation of the ship caused the fall. (Agent Orange was mentioned)
DODI 1332.38 Combat-related.
This standard covers those injuries and diseases attributable to the
special dangers associated with armed conflict or the preparation or
training for armed conflict. A physical disability shall be considered
combat-related if it makes the member unfit or contributes to
unfitness and was incurred under any of the circumstances listed in
paragraphs 1. through 4. below.
1. As a direct result of armed conflict. The criteria are the same as
in paragraph above.
2. While engaged in hazardous service. Such service includes, but is
not limited to, aerial flight duty, parachute duty, demolition duty,
experimental stress duty, and diving duty.
3. Under conditions simulating war. In general, this covers
disabilities resulting from military training, such as war games,
practice alerts, tactical exercises, airborne operations, leadership
reaction courses; grenade and live fire weapons practice; bayonet
training; hand-to-hand combat training; repelling, and negotiation of
combat confidence and obstacle courses. It does not include physical
training activities, such as calisthenics and jogging or formation
running and supervised sports.
4. Caused by an instrumentality of war. Incurrence during a period of
war is not required. A favorable determination is made if the
disability was incurred during any period of service as a result of
such diverse causes as wounds caused by a military weapon, accidents
involving a military combat vehicle, injury, or sickness caused by
fumes, gases, or explosion of military ordnance, vehicles, or
material. However, there must be a direct causal relationship between
the instrumentality of war and the disability. For example, an injury
resulting from a service member falling on the deck of a ship while
participating in a sports activity would not normally be considered an
injury caused by an instrumentality of war (the ship) since the sports
activity and not the ship caused the fall. The exception occurs if the
operation of the ship caused the fall.
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This is the document on Combat Related Special Compensation (what was substituted for Concurrent receipt)
http://www.crlegislation.com/News/CRSReportConRec.pdf
This is a link to a concurrent receipt website and has most of the most current information (play by play)
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