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ARMED FORCES NEWS |
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Lawyers at the Defense Department are reviewing the fiscal 2005 defense authorization act to determine if a provision to restore full concurrent receipt of military retired pay and Veterans Administration disability compensation to 100-percent disabled retirees in January might apply to 28,000 retirees who have less than 100-percent disabilities but are rated as unemployable. Last year, Congress voted to phase out the ban on concurrent receipt for retirees with 20 or more years of service and disability ratings of 50 percent or higher. The 2005 act eliminates the phase out period for retirees with "disabilities rated as 100 percent." At issue is whether this applies only to retirees with disability ratings of 100 percent, or includes retirees rated as 100-percent unemployable. A decision at DoD is expected within three weeks. January checks, meanwhile, will exclude the 28,000 unemployables who have less than 100 percent disability. |
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