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DAV CONCURRENT RECEIPT UPDATE November 14, 2002 |
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The persistence and determination of our members and others in the fight for concurrent receipt have resulted in the likelihood that combat wounded veterans will soon see additional benefits. Other veterans whose injuries or illnesses are directly linked to certain hazardous military activities may also soon receive additional benefits. Concurrent receipt was not enacted, and the fight to attain full justice for disabled military retirees is not over; however, using dollar signs as marks of progress, it is clear that our fight has not been ineffective. The new plan will compensate disabled military retirees at an estimated total amount of $4 billion to $9 billion over ten years. Still, it is disappointing that despite such an overwhelming number of cosponsors, a more comprehensive plan was not enacted. According to Committee leaders, a more comprehensive plan would have killed the FY03 Defense Bill, which contains provisions that are vital to the war on terror. Senator John Warner (R-VA) acknowledged that the final agreement was “a thin slice” of the concurrent receipt benefit that will eventually become law. He compared the current agreement to a “beachhead in law” from which future expansion and progress can be made. Certainly, the Disabled American Veterans will make every effort to ensure that this first step is expanded to include all those who have incurred service-connected injuries in their military careers. The new benefit establishes special compensation for certain disabled retirees with 20 years or more active duty, or a combination of active duty and reserve time. The special compensation will equal the amount of retirement pay that is normally withheld for VA compensation for combat-related or other hazardous duties disabilities. The new benefit will be administered by the Department of Defense and will not involve the Department of Veterans' Affairs. Retirees with combat-related disabilities will be eligible for the new special compensation. The amount will be the same as compensation paid for the combat wound. Also included are retirees with disability ratings of 60% or higher for other illnesses or injuries attributable to combat situations, combat-oriented training, hazardous duty, or instrumentalities of war. Disabilities that were incurred in the preceding four categories qualify for the new plan: · If the disabling condition was incurred as a result of armed conflict (not resulting in a purple heart) · If the disabling condition was incurred while performing hazardous service--examples are parachute duty, demolition duty, etc. · If the disabling condition was incurred under conditions simulating war--examples are injuries resulting from war games, practice alerts, grenade and live fire training, hand-to-hand combat training, etc. · If the disabling condition was caused by an instrumentality of war--examples include if a person steps on a mine, accidents involving military combat vehicles, injury or sickness caused by fumes or gas from military ordnance, etc. There must be a direct causal relationship between the instrumentality of war and the disability. · All the criteria are based on existing DOD regulations. Unlike the current version of special compensation that pays a flat rate, the new plan will not be limited to a specific dollar amount, nor is there a requirement that the disability must have occurred within a specific number of years after retirement. Eligible retirees must choose either the new or the old plan, to acquire the maximum benefit. The effective date for the new program will be six months from the date of enactment, which likely be this month, so the effective date should be in May 2003. There will be no phase-in period; full payments will be authorized on the effective date. The Disabled American Veterans neither opposes nor endorses this plan. We do not endorse it because it is not concurrent receipt, and it falls far short of the justice we seek on behalf of all disabled military retirees. We do not oppose it because it does benefit a number of our members. Though we are deeply disappointed that nearly ninety percent of our lawmakers have reneged on their stated support of full concurrent receipt, we are encouraged to know that the pressure of our 1.3 million members to do the right thing is being felt in Washington. Please help us keep the pressure on the upcoming 108th Congress, to stand by their word and enact concurrent receipt. |
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