The issues of CRSC and CRDP have smoothed out significantly since they first became important veterans issues.
This can affect 183,000 retried men and women who are certainly "disenfrancised" as this email states.
We recently got a member here who probably falls into the "glitch" that
I call it- or disenfrancisement or discriminationation is a more appropriate term.
This bill would involve CRDP as well as CRSC consideration for all Chap 61 disabled veterans who served less then 20 years DUE to service disability as well as repeal the 10 year phase out for CRDP and rectifu the unfair situation that those 28,000 TDIU vets are in.
"Senate Companion Legislation Needed for HR 333
Concurrent Receipt for Chapter 61 Medical Disability Retirees Take Action!
HR 333 Needs Companion Legislation in the Senate
Please send the following message to your Senators --
I write on behalf of some 183,000 retired military veterans who were retired under title 10 US Code Chapter 61 for medical disability with less than 20 years of retirement service.
Thus far, in the 110th Congress we have an array of at least six bills that, in some fashion, address the issue of the restoration of concurrent receipt of military retired pay and VA disability compensation:
Introduced by Senator Harry Reid
S 439 - Retired Pay Restoration Act of 2007 on 31 January.
S 986 - Combat-Related Special Compensation Act of 2007 on 26 March.
Introduced by Representative Gus Bilirakis
HR 89 - Combat-Related Special Compensation Act on 4 January.
HR 303 - Retired Pay Restoration Act on 5 January.
HR 1436 - Retired Pay Restoration Act on 9 March.
Introduced by Representative Jim Marshall
HR 333 - Retired Pay Restoration Act on 9 January.
I am troubled that with the exception of HR 333, none of the remaining five bills address the disenfranchisement of those veterans retired for medical disability under Chapter 61 with less than 20 years of retirement service. This disenfranchisement is blatant discrimination against this group of 189,000 medically disabled military retirees. Recent revelations in testimony provided to the Veterans Disability Benefits Commission, the DoD Independent Review Group (West-Marsh) and the President's Panel (Dole-Shalala) indicates the DoD Disability Evaluation (Elimination) System is anything but fair and consistent. Rather than describing the merits of each individual bill, I use the structure of HR 333 to provide the following comparison for your consideration
Definitions:
CRDP = Concurrent Retirement Disability Pay (10 US Code 1414)
CRSC = Combat Related Special Compensation (10 US Code 1413a)
Discussion:
a. HR333 would extend the benefits of CRDP to some 375,000 retired career veterans who are rated less than 50% disabled by the VA.
HR89 / S986 makes no similar provision.
HR303 would do the same as HR 333
HR1436 / S439 would do the same as HR 333.
NOTE: HR89 / S986 and HR1436 / S439 are not companion legislation but their respective provisions are virtually identical.
b. HR333 would repeal the 10 year phase in of CRDP for those 180,000 retired career veterans who are rated 50 to 90 percent disabled.
HR89 / S986 makes no similar provision.
HR303 makes no similar provision.
HR1436 / S439 makes no similar provision.
c. HR333 would extend the benefits of CRDP at 100% to those 28,000 retired career veterans who are rated less than 100% but who are considered “individually unemployable†(IU) and compensated at 100% by the VA.
HR89 / S986 makes no similar provision.
HR303 makes no similar provision.
HR1436 / S439 would do the same as HR 333.
d. HR333 would extend the benefits of CRDP to 183,000 career veterans who were involuntarily retired under Chapter 61 with less than 20 years of retirement service for medical disability to include wounds received in combat.
HR89 / S986 would extend CRSC {but not CRDP} to Chapter 61 based on 2.5%/year of service.
HR303 would extend CRDP to Chapter 61 based on 2.5%/year of service.
HR1436 / S439 would extend CRDP to Chapter 61 based on 2.5%/year of service.
e. HR333 would extend the benefits of CRSC as an alternative to CRDP for those untold number of career veterans whose disabilities are considered to be combat related.
HR89 / S986 makes no similar provision.
HR303 makes no similar provision.
HR1436 / S439 makes no similar provision.
Conclusion:
HR333 remains the best legislation for the restoration of concurrent receipt.
I strongly suggest you sponsor companion legislation to HR 333. If not companion legislation then at least sponsor legislation that would allow those retired under Chapter 61 for medical disability with less than 20 years of service to receive the benefit of CRDP/CRSC. The requirement for 20 years service is an artificial barrier just as was the DoD 7200 Point Policy (now repealed by the 2003 NDAA) that barred retired reservists with disability from CRDP/CRSC."
Edited by Berta
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.
Question
Berta
the quoted email below is from alamostation
at ALLVETS,Inc.
The issues of CRSC and CRDP have smoothed out significantly since they first became important veterans issues.
This can affect 183,000 retried men and women who are certainly "disenfrancised" as this email states.
We recently got a member here who probably falls into the "glitch" that
I call it- or disenfrancisement or discriminationation is a more appropriate term.
This bill would involve CRDP as well as CRSC consideration for all Chap 61 disabled veterans who served less then 20 years DUE to service disability as well as repeal the 10 year phase out for CRDP and rectifu the unfair situation that those 28,000 TDIU vets are in.
"Senate Companion Legislation Needed for HR 333
Concurrent Receipt for Chapter 61 Medical Disability Retirees Take Action!
HR 333 Needs Companion Legislation in the Senate
Please send the following message to your Senators --
I write on behalf of some 183,000 retired military veterans who were retired under title 10 US Code Chapter 61 for medical disability with less than 20 years of retirement service.
Thus far, in the 110th Congress we have an array of at least six bills that, in some fashion, address the issue of the restoration of concurrent receipt of military retired pay and VA disability compensation:
Introduced by Senator Harry Reid
S 439 - Retired Pay Restoration Act of 2007 on 31 January.
S 986 - Combat-Related Special Compensation Act of 2007 on 26 March.
Introduced by Representative Gus Bilirakis
HR 89 - Combat-Related Special Compensation Act on 4 January.
HR 303 - Retired Pay Restoration Act on 5 January.
HR 1436 - Retired Pay Restoration Act on 9 March.
Introduced by Representative Jim Marshall
HR 333 - Retired Pay Restoration Act on 9 January.
I am troubled that with the exception of HR 333, none of the remaining five bills address the disenfranchisement of those veterans retired for medical disability under Chapter 61 with less than 20 years of retirement service. This disenfranchisement is blatant discrimination against this group of 189,000 medically disabled military retirees. Recent revelations in testimony provided to the Veterans Disability Benefits Commission, the DoD Independent Review Group (West-Marsh) and the President's Panel (Dole-Shalala) indicates the DoD Disability Evaluation (Elimination) System is anything but fair and consistent. Rather than describing the merits of each individual bill, I use the structure of HR 333 to provide the following comparison for your consideration
Definitions:
CRDP = Concurrent Retirement Disability Pay (10 US Code 1414)
CRSC = Combat Related Special Compensation (10 US Code 1413a)
Discussion:
a. HR333 would extend the benefits of CRDP to some 375,000 retired career veterans who are rated less than 50% disabled by the VA.
HR89 / S986 makes no similar provision.
HR303 would do the same as HR 333
HR1436 / S439 would do the same as HR 333.
NOTE: HR89 / S986 and HR1436 / S439 are not companion legislation but their respective provisions are virtually identical.
b. HR333 would repeal the 10 year phase in of CRDP for those 180,000 retired career veterans who are rated 50 to 90 percent disabled.
HR89 / S986 makes no similar provision.
HR303 makes no similar provision.
HR1436 / S439 makes no similar provision.
c. HR333 would extend the benefits of CRDP at 100% to those 28,000 retired career veterans who are rated less than 100% but who are considered “individually unemployable†(IU) and compensated at 100% by the VA.
HR89 / S986 makes no similar provision.
HR303 makes no similar provision.
HR1436 / S439 would do the same as HR 333.
d. HR333 would extend the benefits of CRDP to 183,000 career veterans who were involuntarily retired under Chapter 61 with less than 20 years of retirement service for medical disability to include wounds received in combat.
HR89 / S986 would extend CRSC {but not CRDP} to Chapter 61 based on 2.5%/year of service.
HR303 would extend CRDP to Chapter 61 based on 2.5%/year of service.
HR1436 / S439 would extend CRDP to Chapter 61 based on 2.5%/year of service.
e. HR333 would extend the benefits of CRSC as an alternative to CRDP for those untold number of career veterans whose disabilities are considered to be combat related.
HR89 / S986 makes no similar provision.
HR303 makes no similar provision.
HR1436 / S439 makes no similar provision.
Conclusion:
HR333 remains the best legislation for the restoration of concurrent receipt.
I strongly suggest you sponsor companion legislation to HR 333. If not companion legislation then at least sponsor legislation that would allow those retired under Chapter 61 for medical disability with less than 20 years of service to receive the benefit of CRDP/CRSC. The requirement for 20 years service is an artificial barrier just as was the DoD 7200 Point Policy (now repealed by the 2003 NDAA) that barred retired reservists with disability from CRDP/CRSC."
Edited by BertaGRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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