new-cola-fix-creates-have-have-not-disabled-retirees

Apparently Stars and Stripes won't accept my lengthy comment: Here it is:

Below is my reply to a congressional staffer who confirmed only chapter 61 disability retirees (even if rated 0% disabled) will be protected from the COLA reduction. Beyond what I wrote below, there is another scenario that demonstrates the inequity. Once a Chapter 61 retiree is placed on the Permanent Disability Retirement List (PDRL), they are a Chapter 61 retiree for life even if they are completely cured of their disability. If a member is permanently retired for cancer and that cancer is cured, the member remains a chapter 61 retiree for life and is protected from the COLA offset. However, a length of service retiree who develops service connected cancer post retirement (e.g. from agent orange) is subject to the COLA reduction. The military disability system is not designed to compensate for disability. It is designed to compensate for a career lost due to disability. This is an important distinction that Congress needs to understand. The VA rating (or SSDI eligibility) is better relative barometer for current disability rather than if or if not the member is a chapter 61 retiree. Now, my response to the congressional staffer:


Based on what you are telling me, there are huge inequities in the proposed fix:

A fully employable chapter 61 disability retiree rated at 0% by DoD and the VA will not be subject to COLA reduction.

An unemployable length of service retiree rated 100% P&T by the VA effective the date of retirement will still be subject to the COLA reduction.

An unemployable length of service retiree who sustains a non service connected disability post retirement (e.g. paralyzed from the neck down in a car accident) will still be subject to the COLA reduction.

Many members found unfit by a PEB and rated less than 30% were given the option of receiving a T...ERA retirement in lieu of a disability separation and severance. A TERA retirement is a length of service retirement. These disabled retirees, deemed by a PEB too disabled to continue military service but became TERA length of service retirees, will still be subject to the COLA reduction.

An unfit member who is eligible for disability retirement under the DES can waive DES processing because they are already eligible for length of service retirement. Many unfit wounded warriors have waived DES processing because they wanted to move on with life and did not want to clog the already stressed DES timeline given they receive the same benefits as a length of service retiree. These disabled retirees will not be protected from COLA reduction.

Military members are not medically retired (Chapter 61) unless they are deemed unfit by a PEB. Fitness is individualized based on one's rank and duties. An infantryman can be deemed unfit for a relatively low impact knee injury that makes him unfit to be an infantryman yet has minimal impact on civilian employment. Conversely, an admin clerk can have a very serious condition that has huge impacts on civilian employment but is deemed fit by a PEB. This disabled retiree, who does not meet military retention standards but nonetheless is deemed fit by a PEB, will not be protected from the COLA reductions despite being rated 100% P&T by the VA and granted SSDI.

You can have two service members, one with 14 years of service and one with 20 years of service, with the exact same level of service connected disability and impact to their fitness. The 14 years of service member receives a chapter 61 disability retirement and is protected from the COLA reduction. The 20 years of service disabled member is deemed fit by presumption, reverts to a length of service retirement, and is subject to the COLA reduction. See the presumption of fitness rules in DODI 1332.38.

My concern is that Congress does not understand the important nuances of the DES system. It appears they only consider chapter 61 retirees to be the only truly disabled retirees deserving of protection from COLA reduction. I personally underwent a MEB and a PEB for reactive arthritis and severe migraines in 2005. My MEB stated both of these conditions failed Army retention standards. My PEB stated I was fit for duty despite the fact I was non deployable, I have physical limitations and I could not take required immunizations. I am also required to suppress my immune system with a FDA black box drug to combat the effects of the reactive arthritis. I retired for length of service and have been rated at 100% P&T by the VA effective the date of my retirement.

History has shown there are huge inequities with the military disability evaluation system. It simply cannot be the barometer of the level of disability worthy of protection from COLA reduction. As you should be aware, the DES timeline is unacceptable long. As a wounded warrior advocate, I (and other advocates) often advise wounded warriors eligible for length of service retirement to forego DES (MEB/PEB) processing because they would receive the same level of DoD/VA compensation as a length of service retiree. Because only chapter 61 retirees will be protected from COLA reductions, the truth has changed. I will now be advising such members to insist on DES processing to gain disability retiree status to protect their retirement from COLA reduction. This will put a additional burden on the already overburdened DES.

It is clear to be that the original legislation and the proposed fix were constructed by members who do not possess a sufficient understanding of military disability issues. Congress is creating two separate classes of disability retirees without consideration of the actual degree of disability and its impact on their post retirement employability.

V/R,

Michael A. Parker
LTC, USA (Retired)
Wounded Warrior Advocate
 
There are many sides to this, and the back and forth arguments would pit vet vs vet for benefits; a few examples

1. a fully employable 20 year retiree with 50% va rating gets to double dip, sure they loose some cola, but they can double dip.
2. An UNEMPLOYABLE vet medically retired before 20, gets only the higher of two pays.

So the only "fair" ways would be to give chp 61 vets concurrent receipt for time served and then cap it, or to treat each and every vet differently with more red tape/bureaucracy etc.

Seems to me our current Washington leadership, is more focused on dividing and conquering voters bases than doing anything good to unite the peoples.
 
There are many sides to this, and the back and forth arguments would pit vet vs vet for benefits; a few examples

1. a fully employable 20 year retiree with 50% va rating gets to double dip, sure they loose some cola, but they can double dip.
2. An UNEMPLOYABLE vet medically retired before 20, gets only the higher of two pays.

So the only "fair" ways would be to give chp 61 vets concurrent receipt for time served and then cap it, or to treat each and every vet differently with more red tape/bureaucracy etc.

Seems to me our current Washington leadership, is more focused on dividing and conquering voters bases than doing anything good to unite the peoples.

Twitch,

I do agree that the under 20 retiree's are getting shafted, especially considering I'm currently at 18 yrs 3 months and won't have ratings for another couple months, that being said I believe that any and all disabled vets should be exempt from the COLA changes, as I believe that all disabled vets should be able to qualify for concurrent receipt. In my eyes it's all or none, in my case it's a difference of probably 18 months, 15 after leave and terminal is taken, I'm losing 22K-36K a year due to those 15 months.
 
Twitch,

I do agree that the under 20 retiree's are getting shafted, especially considering I'm currently at 18 yrs 3 months and won't have ratings for another couple months, that being said I believe that any and all disabled vets should be exempt from the COLA changes, as I believe that all disabled vets should be able to qualify for concurrent receipt. In my eyes it's all or none, in my case it's a difference of probably 18 months, 15 after leave and terminal is taken, I'm losing 22K-36K a year due to those 15 months.

Exactly my point,
your gonna have 1 side of vets fighting for cola for all, which is right
You have another side fighting for concurrent receipt for all, but currently believes that chp 61 should of gotten it before LOS retiree's and therefor this is kind of an equalizer if you will for those evil double dippers
Your gonna have a third side saying screw all the vets reduce all their pay
and maybe a 4th side that says give them everything

its not good for us as vets to argue semantics over which is more disabling or who deserves what more, we need in times like this to present a unified case for all vets. not a "here is my story and how I am getting screwed" but a " here is our story and the way this effects everyone.
 
Having all vets on the same page would definitely help, however many view us as trying to scam the system. It's a hard position to put yourself in, I myself didn't say anything for years and pressed on even though I was in significant pain, because that was how I was brought up in the military. So even though I've had 7 back surgeries, when my MEB came down my coworkers were surprised. And my assumption is that they view me as trying to get benefits that I don't deserve. To be successful we need not only the injured vets onboard but all veterans. And we are in a society within the military that has the mindset of "if I don't get it you don't get it. I have alot of anxiety about getting out, physically I don't know what I'll be able to do for work. Concurrent receipt would of made that worry nonexistent, I don't feel entitled, but on the same hand I was injured while performing my military duties, so I'm torn. It's embarrassing at times thinking that I have to rely on the VA just to pay my basic necessities but I have no choice, what else can I do. I do plan on applying for vocational rehab since all I've ever done is manual labor and worked as a armament technician in the military which has no civilian equivalent. I just feel like I've spent the majority of my life working for the government and now that I'm not physically capable any longer that they don't give a shit about how I'm going to make ends meet. I missed several holidays, birthdays, and anniversaries, I gave up everything for the Air Force and now they're just throwing me to the wolves. We need every veteran on the same page if we're ever going to get the benefits we deserve.
 
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