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MY SAN ANTONIO |
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By Scott Huddleston San Antonio Express-News Web Posted : 10/02/2003 12:00 AM |
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ARMED FORCES NEWS |
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The "Health Care for Veterans of Project 112/Project SHAD Act of 2003" has cleared the House and gone to the Senate Committee on Veterans' Affairs. The bill would authorize VA medical care to veterans of Projects SHAD/112 for illnesses presumed to be attributable to the projects. The projects, including Project Shipboard Hazard and Defense and related land-based tests, were conducted by the DoD Deseret Test Center as part of a program for chemical and biological warfare testing from 1962 through 1973. If the bill becomes law, veterans would be eligible to apply through December 31, 2005. |
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ARMED FORCES NEWS |
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A House plan for concurrent receipt of military retired pay and VA compensation in exchange for severe cutbacks in the VA compensation system got the ax after opposition from veterans" organizations, and concurrent receipt itself may no longer be on the table this year, according to sources. Instead, lawmakers are looking at a way to satisfy disabled veterans and their champions in the face of an upcoming election year. An option would be to expand Combat-Related Special Compensation, currently available to only about 18 percent of disabled military retirees, Expansions could include expanding eligibility for retirees with disabilities caused by combat or combat-related training from the current 60 percent, or perhaps even modifying the combat-related restrictions to include any veteran who was injured on the job. The deciding factor, according to administration and House officials, is how to fund increases. |
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UPDATE ON CONCURRENT
RECEIPT LEGISLATION |
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For nearly two decades, legislation that would allow career retirees of the Armed Forces to collect full military retirement and Department of Veterans Affairs (VA) disability compensation has been pending before Congress. Currently, if they receive VA disability compensation, their retirement pay is reduced by a commensurate amount. The House leadership has announced a plan that has purportedly been agreed to by leaders in the Senate and the Administration. The legislation will be included in this year's Department of Defense (DOD) authorization bill, which is currently in conference. According to House officials, the DOD authorization bill should be finalized by November. If enacted, Combat-Related Special Compensation (CRSC) would be expanded to include all combat or hazardous duty disabilities from 10% to 100%, effective January 1, 2004. Currently, only those with qualifying disabilities rated 60% or higher or who have a compensable disability associated with the Purple Heart Medal are eligible. Retirees must apply to their parent service for CRSC payments, but there is no phase-in period for CRSC. DOD is discouraging retirees from applying until this provision is signed into law. The DAV website has a link to the CRSC application. Also, the DOD provision would authorize all career military retirees with VA disability ratings of 50% or higher to have full concurrent receipt phased in over a 10-year period. No application is expected to be required. If enacted, the phase in would begin January 1, 2004, in the following amounts: 100% disability, $750 per month; 90% disability, $500 per month; 80% disability, $350 per month; 70% disability, $250 per month; 60% disability, $125 per month; and 50% disability, $100 per month. Each following year, until 2014, the payment amount will increase by approximately 10 percent. In 2005, entitled veterans would get back another 10% of any remaining offset; in 2006, they would get back 20% of the remaining offset; in 2007, 30% of the remaining offset; and so on. By January 2014, disabled retirees with 50% and higher ratings will be entitled to full concurrent receipt of military retired pay and VA disability compensation. National Guard and Reservist career retirees will be treated the same as active duty retirees, and will be included in both the CRSC program and the phase-in of concurrent receipt for veterans rated 50 percent or higher. Disabled retirees who qualify for both programs would have to choose one or the other. Because the CRSC program provides payment immediately, rather than the 10-year phase-in for concurrent receipt, legislators plan to allow an annual election option for CRSC-eligibles. This recognizes that a retiree who is 100% disabled, but only 60% of that is due to combat-related conditions, may find it advantageous to elect CRSC payments for a few years until the concurrent receipt payment rises to a level that exceeds the CRSC payment. Because CRSC payments are tax-free and non-disability retired pay is not, this could also figure into qualifying retirees’ election decisions. Designing specific procedures for retirees to make such elections is but one of the many administrative challenges the Defense Department will have to address in implementing the new authority. The new agreement also calls for the formation of a special commission to review the VA disability system and recommend any needed changes. Of its 13 commissioners, at least seven will have to be highly decorated combat veterans. Four will be appointed by the House, four by the Senate, and five by the President. The DAV has strong concerns regarding changes to title 38, and we will certainly scrutinize any suggestions to modify or reduce benefits available to disabled veterans. The proposed legislation is a move forward; however, military retirees with non-combat disabilities rated less than 50 percent will still be treated unfairly. The DAV will continue to fight for those veterans that have not been included. The DAV greatly appreciates the efforts of legislators who have fought so hard on this issue. Long-time concurrent receipt champions Representative Mike Bilirakis (R-FL) and Senator Harry Reid (D-NV) have kept the issue on the front burner for the past 3 years. The DAV especially thanks Representative Jim Marshall (D-GA), a freshman member of Congress and a combat disabled veteran, who came to Washington and immediately took strong steps to correct what he perceived as a gross injustice. Congressman Marshall’s discharge petition played a crucial role in attaining benefits for thousands of disabled veterans. The DAV also expresses thanks to Representatives Thomas Tancredo (R-CO) and Walter Jones (R-NC), who, despite tremendous pressure from House leadership, courageously signed the discharge petition. Finally, the greatest praise and recognition belongs to members of our great organization for their steadfast efforts in achieving this victory. Although only a portion of our membership is affected by concurrent receipt, thousands upon thousands of e-mails, letters, and phone calls from DAV members have flooded Capitol Hill and the White House demanding that the unjust ban on concurrent receipt be lifted. As it has always been, the DAV was in the forefront to fight for disabled veterans and their families. |
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ARMED FORCES NEWS |
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On Oct. 16, House Majority Whip Roy Blunt, R-Mo., Armed Services Committee Chairman Duncan Hunter, R-Calif., and Veterans Affairs Committee Chairman Chris Smith, R-N.J., announced a final agreement on concurrent receipt with Senate leaders and the White House. Retired Navy Vice Adm. Norbert R. Ryan, Jr., president of the Military Officers Association of America, one of several organizations represented at the press announcement, said: "This is an extremely gratifying victory for disabled retirees. MOAA is extremely pleased that years of lobbying efforts by MOAA and others have paid such great dividends for thousands upon thousands of disabled servicemen and women. This new legislation won't solve the whole concurrent receipt problem, but it's a giant step forward that will mean as much as $25,000 a year or more for 100 percent disabled retirees. We deeply appreciate the efforts of legislators who have fought so hard on this issue." Details: Full concurrent receipt for military retirees who are rated 50 percent or more disabled by the VA will be phased-in over a period of 10 years beginning Jan. 1, 2004. Combat Related Special Compensation will be expanded, effective Jan. 1, 2004, to include all retirees with combat and combat-related disabilities regardless of percentage of disability. In both cases, Guard and Reserve retirees, including those with less than 7,200 retirement points, will be eligible. A 13-member commission to study possible changes to the VA disability system will be established, with four commissioners to be appointed by the House, four by the Senate, and five by the President. At least seven must have earned a Silver Star or higher decoration. All provisions of the agreement will be part of the fiscal 2004 Defense authorization bill. Legion: Concurrent Receipt Deal Not "Just"The dollar-for-dollar "disabled veterans" tax" is set for repeal for some 50 percent of military retirees who have been awarded disability compensation from the VA. But what about the other 50 percent, asks American Legion commander John Brieden. "It's a matter of priorities. Just compensation for service-disabled military retirees should be no less a priority than rebuilding Baghdad." Brieden continues: "I'm sure a lot of hard work went into this, and we appreciate it. But creating a two-tiered benefits system,that favors one group of service-disabled military retirees over another, is not the answer. Creating a commission to study VA's disability-compensation system -- a system which requires medical evidence to prove a claim and is scrutinized by congressional Veterans’ Affairs committees, an appeals process, and a federal court -- is not the answer. The answer is to repeal the tax for all service-disabled military retirees." |
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M E M O R A N D U M |
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This year, veterans’ issues are attracting more press coverage than usual nationwide. I am sharing with you this article from Congressional Quarterly because it reflects very accurately the impact grassroots lobbying is having on current important issues such as funding for veterans’ medical care and concurrent receipt legislation. Thank you for your continuing good work. JOSEPH A. VIOLANTE National Legislative Director JAV:lmb Attachment
__________________________________________________________ Taking No Chances
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ARMED FORCES NEWS |
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Asked, "Why did you settle for a partial (concurrent receipt) deal?" the Military Officers Association of America says there was less "settling" than there was taking the partial deal or nothing. MOAA adds that "all or nothing" negotiations in the past have usually ended up with nothing, which they found unacceptable this year. In addition, "If we want these legislators to help us make further progress in the future, we need to thank them for their efforts, not spurn them," stated MOAA officials. They also say that, although they had hoped for a five-year phase-in, the package offered was 10 years or no deal. However, the 10-year spread is front-loaded, so that qualified military retirees will get back at least 95 percent of their retired pay in six years. For phase-in charts, visit http://www.moaa.org/Legislative/Retirement/CRCharts/Default.asp. For a "Frequently Asked Questions" guide, see http://www.moaa.org/Legislative/Retirement/CRQA.asp. |
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ARMED FORCES NEWS |
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A recent study in the New England Journal of Medicine reports that the Department of Veterans Affairs' shift from inpatient to outpatient care during the past decade has been efficient and safe. Survival rates among chronically ill veterans remained constant despite a sharp reduction in hospital-based care, according to the journal's Oct. 23 edition. Over the past eight years, VA has reorganized its health care system, closed hospital beds, expanded outpatient care and improved primary care. The journal article was based on a study by researchers at VA's Houston Center for Quality Care and Utilization Studies and Baylor College of Medicine who studied the records of 342,000 chronically ill veterans to track theirhealth care and survival between 1994 and 1998. Hospital stays fell by 50 percent and outpatient care increased moderately, while survival rates remained constant. |
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