This has actually been on the books for over one hundred years and it is not targeted specifically towards people discharged by the DES, the same law applies to length of service retirements and all other forms of severance pay. There are dozens of sites that explain what concurrent receipt is, but the only thing I can find that explains the thought process behind it is this GAO testimony on the subject. A scary part to me is the GAO appears to find reasons supporting the law.Sizemore5000;24017]R U kidding me?! So the separation pay is just a rouse to get rid of you? They give it to you as "separation pay" then take your VA benefits away to cover it? You would have gotten that money from the VA over the course of time anyway if you had not been deemed medically separated![/quote][/FONT][/COLOR][quote=Sizemore5000 said:What a farce! Is this the DoD or the VA that is screwing folks?
I know of two different bills that address the subject. S546, sponsored by Nevada Senator Harry Reid, and HR593.IH, sponsored by Washington Representative Adam Smith. You can look either of them up at www.congress.gov or www.thomas.loc.govI think the blame lies with Congress. There are many problems with the disability system at both the DoD and the VA. But the prohibition on dual receipt of compensation is Congresses doing, the DoD and the VA have no say in this rule.
On that note, dual receipt of compensation has been an issue that has been raised over the past few years and there have been efforts to eliminate this prohibition. Bills have been introduced, and in the past few years there have been steps to loosen this restriction (specifically, expansion of Combat Related Special Compensation for those members with less than 20 years, and the bar for recoupment for injuries incurred in a combat-zone). But a complete repeal of this rule has not made it into law.
Everyone should contact their Congressional delegation and tell them you support repeal of the law prohibiting dual compensation.
I do not intend to be adversarial, but I disagree wholly with your argument. Unless of course, you are over 20 years or very close to 20 years, then I can understand your argument.This is absolute horseshiz! There is no benefit at all for any of us being boarded!
You make a good point here. I guess the benefits scenario depends on the person. For me, I'm making out pretty well. I have less than 4 years of service and entered the Army under the Student Loan Repayment Program, which otherwise effectively nulls and voids the old GI Bill. Now with a service connected disability with a rating over 30% I'm staring at all kinds of benefits I would have not otherwise received if I just ETS'd with no issues.I'd rather hear from someone with a conflicting view (no point in listening only to my own over and over).
If this sticks, it is a huge relief. In my case, I received the VSI in 1992. I expect to be medically retired this fall. Retirement SHOULD bring me 50 percent of active duty pay, but if I had to repay the VSI, it would be 25 percent for the next six years. Try to live off that being disabled and unable to work.Week of June 01, 2009
Recoupment of military retirees' Variable Separation Incentive, Special Separation Benefit, and separation payments by the Defense Finance and Accounting Service (DFAS) has been temporarily suspended pending a formal policy and legal review by the Department of Defense (DoD). The suspension of recoupment actions is being taken for military retirees in an active pay status effective for the May 2009 retired pay entitlements. Letters to military retirees in a SSB, VSI and Separation Payment recoupment status will soon be mailed advising them of the suspension of recoupment payments. A sample of the letter is available here.
Military Report - Retiree Separation Recoupment Suspended
If this goes well, maybe disability retirement will be next?