Joseph A. Violante, our National Legislative Director tells us the fight in behalf of military retirees to obtain concurrent receipt of both their pension and full disability compensation is not over. Here's the latest advice on the subject from Violante:

"The Fiscal Year 2001 National Defense Authorization Act, H.R. 4205, initially included a provision to permit retired members of the Armed Forces who have a service-connected disability to receive military retirement pay concurrently with veterans' disability compensation. However, during the House-Senate conference, this provision was removed from the bill. H.R. 4205, enacted as Public Law 106-398 on October 30, 2000, did include a provision to expand eligibility for the Department of Defense (DoD) special compensation benefit for certain severely disabled military longevity retirees authorized by Public Law 106-65, passed last year.

Under existing law, a member retired from the Armed Forces on the basis of longevity after 20 years service may receive DoD special compensation if he or she has a service-connected disability that was rated 70 percent or higher within 4 years of discharge. Servicemembers who completed 20 or more years of service but were retired from the military because of disability under chapter 61, of title 10, United States Code, were specifically excluded under this provision. Recently enacted Public Law 106-398 corrects this inequity and expands eligibility for DoD special compensation to certain chapter 61 retirees. Effective October 1, 2001, military retirees who were retired because of disability under chapter 61, of title 10, United States Code, and completed 20 or more years of service and have a disability rating of 70 percent or greater within four years of retirement will also be eligible for DoD special compensation payments.

The issue of full concurrent receipt of military longevity retired pay and veterans' disability compensation will remain a top priority for the DAV during the 107th Congress. We have already begun strategy-planning sessions with key congressional staffers and other veterans and military service organizations to get Congress to approve this legislation. Please check the legislative action section of our web site at www.dav.org for future calls to action and updates on concurrent receipt after the 107th Congress convenes. Your efforts and continued support on these issues are indispensable."

Now, you may be wondering, as we were, what the heck is a "DoD Special Compensation Payment"?

For openers, "Special Compensation" is not the same as veterans disability compensation payable to veterans who have a disability rated 10% or more. It is a set sum that varies from $100 per month for a 70% rated disability up to $300 for a 100% disability.

Furthermore, the DoD Special Compensation is subject to income tax.

Finally, military retirees whose disability is rated less than 70%, or who incurred their disability, regardless of percentage, more than four years before retirement, are not eligible for the "special compensation, or any part thereof. Pretty tough attitude if you ask us.