Veteran's Disability Compensation

[meghp0405]

I found out some information concerning HR 303. This is the bill that would allow full payment of both military retired pay and veterans' disability compensation for disabled veterans' eligible for both payments (those veterans' that are 40% or less) This is the 14th time that HR (House Resoultion) 303 has been the number for the Retired Pay Restoration Act, which addresses an offset only partly eliminated by changes in law over the past decade.

This bill submitted by Representative Gus Bilirakis, R-FL, has been a strong and consistent supporter of this resoultion. Obtaining support from other Representatives has been difficult. Only 74 members of the House has signed on as co-sponsors so far. This Resoultion needs 218 sponsors (votes) to pass this bill through the House.

The number of supporters have declined the past couple of years.

I believe that, we as veterans' need to contact our Representative in the House and ask if he/she is not a supporter, why?

This is the last year of the phase in period for the concurrent pay issue for those veterans' 50% and above. By January 1, 2014, all military retired veterans who are 50% and above will start seeing their full retirement and their award from VA.

We now have to fight for those retirees that are 40% and below. There is no reason why they shouldn't be entitled to both.

[COOL BREEZE]

aggie54 and coolbreeze

You are both rated over 50% that is why you are getting both. If you were rated at 40% they would deduct the 40% out of your retirement pay. HR-303 would restore that deduction. This deduction came about in the late 1890's when we were at war with Spain and the country was in financial trouble (like now). Some people call this a veterans tax because they pay you X for being disabled and then take it back from your retirement pay.

This was going with me for years while I was rated at 30%. I then fired my service officer from handling any further pending claims. I got tired of this off set. Learning what was required to achieve a higher % became my goal. Then I went up to 50 %, then finally 70%.

[Patrick428]

I was TDIU P and T as of August 2004. In 2010 I file Presumptive claims for Parkinson's Disease and Diabetic Nephropathy secondary to Diabetes Type II. I was awarded 70% for PD and 60% for DN. in total I was moved to Scheduler 100% P and T and SMC-S.

I would like to know where my 10-year mark begins for DIC purposes. Is it back to 2004 when I became IU, or 2010? I've heard both ways and would like an informed answer.

Patrick428

[Teac]

Patrick,

In my case I was rated TDIU in 1999 because of my back disability and I was immediately awarded T/P status. So my dependents were granted Chapter 35 education benefits. Since I am also a Military retiree, my family was not eligible for Champva. Now in 2007, I was rated 100% scheduler due to use of oxygen for my service connected asthma/copd. Now, I was re- awarded chapter 35 benefits, and since my spouse had not used her benefits, the award date for chapter 35 was the new award date based on the new award. My son however used his 35 benefits so even under the new award he could not reclaim the benefit.

Now under DIC, that date does not change, since for DIC purposed we are still considered 100% no matter how we got there. So your original eligibility date ( the date TDIU was awarded) is the date the VA will list as eligibility for DIC.

[john999]

Patrick

Your date for DIC is 2004 or if you die at anytime from SC condition. You were total in 2004, so your date for DIC for survivors is 2014 on the EED of your claim. TDIU is considered total disability and you don't even have to be P&T. I was granted "S" in 2008 because I was TDIU as of 2001 and was total plus 60% in 2008.

[Chuck75]

While I'm a firm believer in getting everything you can from the government - - -

The stated purpose of VA disability compensation is to replace lost income due to the disability.

I also realize there are "double" and even "triple dippers" out there.

If you consider retirement pay as income, there is a question how it should relate to VA disability payment.

Also consider that SSA retirement income does not change VA disability payments, so why should military retirement

payment be any different.

Facts: Government figures show current average incomes to be ~$46,000. The VA disability payment at 100% to compensate for "lost income" is ~$36,000.

Somehow $36,000 from the VA is equal to $46,000 from elsewhere in the governments opinion.

The average household with a $46,000 income pays little or no income tax, due to various exemptions, deductions, adjustments, credits, etc.

Metro area incomes for the average household are well above the $46,000, and a family of four would be considered "poor" for the purpose of benefits.

[Carl the Engineer]

Started after the Civil War when a Senator from the South, a Confederate General, blocked Soldiers from getting both a retirement and disability. He was upset that Confederate Soldiers did not get any retirement or disability. At least that is how I remember it being told to me.

Hamslice

While some form of disability compensation has been offered to injured soldiers
since colonial times, military retirement benefits were not introduced in the United States until 1861 during the Civil War. In 1890, the first legislation prohibiting concurrent receipt was introduced by Senator Cockrell of Missouri, who argued that military retirement benefits “[are] intended to be [compensation] in full for all military services.”

http://www.bobandeva.com/mil/History.htm

Francis Marion Cockrell (October 1, 1834 – December 13, 1915) was a Confederate military commander and American politician from the state of Missouri.

http://en.wikipedia.org/wiki/Francis_Cockrell