| CONGRESSMAN DUNCAN HUNTER Proudly Serving the 52nd District of California |
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 www.house.gov/hunter |
Posted on 04/20/2002 2:24:41 PM PDT by advocate10
| CONGRESSMAN DUNCAN HUNTER Proudly Serving the 52nd District of California |
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www.house.gov/hunter |
January 9, 2002
The Honorable George W. Bush
President of the United States
The White House
1600 Pennsylvania Ave, N.W.
Washington, D.C. 20500
Dear President Bush:
We are writing to express our support for the elimination of the current offset between military retired pay and VA disability compensation, commonly known as concurrent receipt.
Under present law, service-disabled military retirees must surrender a portion of their retired pay if they want to receive the disability compensation to which they are entitled. Congress enacted this unjust law in 1891, and it affects approximately 500,000 disabled military retirees. Military retirees are the only federal employees affected by this offset. For over 15 years, legislation has been introduced in the House of Representatives to correct this long-standing inequity. The Retired Pay Restoration Act has received strong bipartisan support in Congress with 378 consponsors in the House and 75 consponsors in the Senate.
The Fiscal Year 2002 National Defense Authorization Act (S. 1438) authorizes an end to this unfair practice. However, this provision is contingent upon funding being provided. Consequently, we strongly urge you to include the appropriate language in your Fiscal Year 2003 budget request so that the brave men and women who served our nation can finally receive the retired pay they earned.
Once again, our nation is calling upon the members of the U.S. Armed Forces to defend democracy and freedom. We have no doubt that these brave men and women will rise to the challenge. However, for those of them who have selected to make their career in the U.S. military, they face an unknown risk. If they are injured, they will be forced to forego their earned retired pay in order to receive their VA disability compensation. In effect, they will be paying for their own disability benefits from their retirement checks.
We have a unique opportunity this year to redress the unfair practice of requiring disabled military retirees to fund their own disability compensation. It is time for us to show our appreciation to the men and women who have sacrificed so much for our great nation.
We stand ready to work with you on this important matter.
Sincerely,
Duncan Hunter
Member of Congress*
* This letter was signed by several members of Congress.
In 1980, Lt. X had an on-duty accident that injured his right ear, leaving him partially deaf in that ear. The Army and the DVA evaluated him as 10% disabled. Lt. X waa then given a choice: 1) be discharged/resign from the military and receive a 10% disability from the DVA for life; or 2) remain in the military at full pay, with no DVA disability payments. Lt X chooses option 2, and spends the next 20 or so years in the military.
Now it is 2002, and (now) Col. X retires. Is it the argument of the letter cited above that: 1. Col. X receives his full pension, AND 2. Col. X should receive a 10% disability from DVA? If yes, 1 & 2...how can this possibly be justified? He was treated by the military as a whole person, 100% able, for the balance of his career after the injury. He is receiving a full 100% pension. How can it be argued that he is "suddenly" disabled again? Doesn't that make him 110% of a person? Doesn't that defy logic?
Flame away, if you wish...but answer my question above first, please.
VA disability payments are based on the future "lost income" because of the disability not payments for suffering. If someone is rated at 50% it actually means they will lose 50% of their future income because they can only perform at 50% of their potential.
Also, the military pension is just that a pension so if you get a pension from the postal service or state you get 100% of your pension plus your disability and don't have to forfit the disability dollar for dollar like military do.
A good example for you would be a 82 AirBorne Paratrooper who jumped twice a month for 20 years with no problem but 5 yeras after retiring he can't walk anymore without a walker because his knees are totally wiped out because of all the years jumping !
Another example would be a F-4 Fighter crew chief who has his back crushed by the F-4 canopy but goes on another 10 years to retire. A few years after retiring he has to have several back operations because his back healed all crooked from being crushed years earlier. Because of his back he can't work any labor type jobs or even as a mechanic anymore because of the pain so his future earnings will be affected by the disability.
He's basically left with about $1200 per month to life on because he has to give up VA Money dollar for dollar. But he gets to use the VA hospital for care !
Say you are injured with what amounts a 30% disability 5 years through your career track of 30 years, but you opt to stay in, and let's assume your disability doesn't interfere with promotions, etc.
At retirement, you get your full 30 year pension, but since you can, you elect to take the VA disability compensation. There's a $ for $ offset from your retirement pay, but the VA amount is tax free.
Obviously, the 30% disability didn't interfere with your ability to work since you stayed in for a full career at full AD pay and subsequent retirement pay. You could have gotten out at 5 years, taken the 30% disability checks, and presumably taken a civilian job without any cross effect from the disability checks.
Is that pretty much the situation?
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