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1 (November 15, 2002)

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                                                                Order Code RS21327
                                                          Updated November 15,2002



 CRS Report for Congress

               Received through the CRS Web




Concurrent Receipt of Military Retirement and
     VA Disability Benefits: Budgetary Issues

                              Amy Belasco
               Foreign Affairs, Defense and Trade Division

Summary


     Instead of including the House or Senate version of concurrent receipt
 (simultaneous payment) of military retirement and Department of Veterans Affairs (VA)
 disability benefits in the conference version of the FY2003 National Defense
 Authorization Act (H.R. 4546), Congress provided new benefits for military retirees
 whose disabilities stem from combat or combat-related activities. Those eligible would
 receive these new benefit payments, which match VA disability payments, in addition
 to retired pay. To qualify, retirees would have to demonstrate either that their disability
 was caused by an injury for which they received a Purple Heart or that their disability
 was rated at 60% or higher and resulted from armed conflict, hazardous service, training
 activities that simulate war, or an instrumentality of war (war-related circumstances).

     Within 180 days, the Department of Defense (DOD) must prescribe criteria and
 procedures for determining eligibility for these new benefits. DOD must also fund the
 new benefits, estimated to cost between $200 million and $800 million annually, and
 about $10 billion over 10 years. Disability ratings would continue to be made by DOD
 for military personnel who retiree on disability and by the VA for retirees who apply for
 disability benefits after leaving the military. Although it is difficult to predict the
 number who would be eligible, some have estimated that about 33,000 retirees could
 qualify.

     Unlike the House or Senate versions of concurrent receipt that the Administration
 threatened to veto, these new provisions were acceptable to the White House. With
 hearings by the Senate Armed Services Committee on concurrent receipt promised for
 next year, this issue is likely to resurface. This report was prepared under the supervision
 of Gary Pagliano, Specialist in National Defense. It will be updated as warranted.


 Eligibility and Cost of New Benefits Enacted

    The conference version of the FY2003 DOD Authorization Act (H.R. 4546) that was
adopted by voice vote on November 12 in the House and on November 13 in the Senate
includes new benefits for military retirees with 20 or more years of service whose
disabilities stem from combat or combat-related activities. Until the Defense Department


       Congressional Research Service **o The Library of Congress

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