Posted on 04/27/2008 10:48:02 AM PDT by mnehrling
Jess Richardson spent only one year in Vietnam but it was what he brought back with him that scarred him the most. "I went to Vietnam when I was barely 18. I have scars right now from Agent Orange, and several years ago I came down with cancer. "
Because Richardson contacted Agent Orange, he received benefits from the VA. When he turned 60, he was eligible for retirement from the military. But in March, the government sent him a letter informing him that he couldn't receive both VA benefits and military retirement.
To make matters worse, Richardson has to pay all the money back the VA paid him in benefits. "For every dollar I get from the VA, they will deduct that from my retirement check, and I think that's unfair. You can retire from anywhere else-- from a civilian job and get your VA plus your retirement. They just discriminate on military retirement," said Richardson.
This afternoon, we took Richardson's concerns to Congressman Louie Gohmert.
"If somebody has actually earned a retirement benefit and has been done wrong by something like agent orange, then they should be entitled to the benefits accordingly. We may have to pass some legislation to help Richardson.
Despite his VA check being taken away, Richardson says he's proud to have served his country.
"I'd serve again, if I had to. Your country sends you there and you go that's all there is to it."
Richardson says he knows he is one of thousands of veterans who aren't receiving their VA benefits. Congressman Gohmert says his office will be looking in to Richardson's case.
LaKecia Shockley, Reporting lshockley@kltv.com
Ping
Though he may have contracted cancer (type?) without exposure to Agent Orange as well. Who’s to say?
First thing is that his disability offsets his retiremtn benefits. That is if he receives 40% from the VA which equals 500 or so a month then 500 dollars of his retirement from the military is tax free. so he isnt losing VA disability benefits at all. Something is also missing in this story. We need to know if he is 100% disabled or is 50% disabled and served the full 20 years to receive concurrent pay. The full 20 years is the key for either case. Here is the law:
Concurrent Retirement and Disability Pay (CRDP) Overview
Concurrent Receipt means to receive both military retirement benefits and VA disability compensation, and up until 2004 this was forbidden by law. To receive a VA disability compensation, disabled military retirees had to waive all or part of their military pay. The following is a summary of Concurrent Receipt:
* Concurrent Receipt Overview
* Benefits Update
* Eligibility
* The Value of the CRDP Benefit
* Computing Your CRDP Payment Rate
* The Application Process
Concurrent Receipt Overview
Qualified disabled military retirees will now get paid both their full military retirement pay and their VA disability compensation. This recently passed law phases out (over 9 years) the VA disability offset, which means that military retirees with 20 or more years of service and a 50% (or higher) VA rated disability will no longer have their military retirement pay reduced by the amount of their VA disability compensation.
Click here to find out more!
Unlike the Combat Related Special Compensation (CRSC), full concurrent receipt will be phased-in over the coming years (except as noted above). This means that if you qualify you will see your retirement pay increase by approximately ten percent each year until the phase-in is complete in 2014.
CRDP Update 1/28/2008: Those members who have been rated less than 100 percent, but rated 100 percent disabled by the VA under the unemployability code (UI), will now receive CRDP. It has not been made clear when the first payments will be sent. Contact the VA for details on your personal payment situation. 1-800-827-1000.
The Defense Accounting and Finance Service has not announced when retro-payments will begin. Military retirees may call 1-877-327-4457 for issues concerning entitlement to VA retro payment.
Concurrent Receipt Eligibility
To qualify for concurrent receipt you must:
* Be a Military Retiree with 20 or more years of service, including:
o Chapter 61 Medical Retirees with 20 years or more.
o National Guard and Reserve with 20 or more good years. (Once they turn 60 and begin drawing a retirement check)
o Temporary Early Retirement Authority (TERA) Retirees may also be eligible.
* Have a Service Related VA disability rating of 50% or higher.
Click here for the exact wording of this new law.
Back to Top
The Value of the CRDP Benefit:
Your personal CRDP payment rate is determined by your current VA Disability Compensation waiver, minus the CRDP “Table Rate,” then multiplied by the current CRDP “Phase Out” percentage. This makes it impossible to create a simple CRDP Payment Rate table that applies to everyone. You can use the CRDP Pay Computation to figure out your personal payment rate.
When fully phased in, CRDP will fully restore your military retirement pay and VA Disability Compensation payments. For example a single retiree with a VA Rated service-connected disability could receive their full retirement pay in addition to over $2,400 a month.
It is also important to note that the amount you receive cannot exceed the sum of your actual military retirement pay and VA Disability Compensation added together.
The CRDP Application Process:
Fortunately Concurrent Receipt is automatic. If you qualify you will automatically see an increase in your monthly retirement check.
Click here for Frequently Asked Questions about the new Concurrent Receipt and Combat Related Special Compensation (CRSC) laws.
Click here to Compare CRSC and CRDP.
The man just needs to go to the best hospital he can find for care and claim to be an illegal alien. He’ll get the best they have for FREE. The state of Oregon pays for weekly dialysis for a criminal sex offender alien in prison. Gotta learn to play the game...crime pays.
You are right. Upon check-in when they ask for a SS# you tell them you don’t have one. They then enter the number as 000-00-0000 which designates illegal alien. Fake name and address and you are home free.
When millions of Americans start doing this the hospitals/doctors will insist that Congress ‘do something’.
THe story is badly written. He is not being denied benefits his health care and pay remain unchanged its just that every penny he receives from the VA is removed from his retirement check, it seems he does not qualify for concurrent receipt, from what I gather from the story.
save
The gov doesn't like "double dippers," at least at the little guy's level.
The story doesn't pass the smell test.
Sounds like he retired with the Guard or Reserve. That’s the only way I know of getting retired pay at age 60. I don’t know how it works now, but it used to you got your disability level from the VA and the remainder as military retirement. So if you had a 40 percent disability, the VA paid you 40 percent tax free and the military paid the other 60 percent of your retirement pay. In my case, the military will pay me 100 percent of my retirement pay, since I have no disability, even after almost 32 years of service.
BTW, John McCain gets his full VA disability (earned it!) (tax free BTW) , but is he disabled? He tells us he’s in perfect health.
McCain released his tax return for 2007. He separately disclosed that he received a pension of $58,358 that was not listed as income on his return.
John McCain gets tax-free disability pension
Los Angeles Times, CA - Apr 22, 2008
http://news.google.com/news/url?sa=t&ct=us/6-0&fp=4814a5c2b655cca9&ei=wsQUSPfyJZjsqwPgpPjiCg&url=http%3A//www.latimes.com/news/nationworld/politics/la-na-pension22apr22%2C1%2C2872446.story&cid=0&usg=AFrqEzc-JnHhU1VvrvH7aL__uESfCm7XqQ
Thanks for the information, you are right, the story isn’t accurate and painted a false story. The reporter’s email is included in the address. This station is good at presenting all sides, you may want to drop her an email. I’ll see about getting the action request off the thread.
BTW: As a military retiree with 20% disability, what I get from the VA does reduce what I'm paid in retirement. However, what I'm paid from VA is 100% tax-free and reduces the by the same amount, what is taxable in my retirement pay. That's the law. That also is not stated in the story and is just one thing that just doesn't pass the smell test.
Thank you! Time for my morning nap!
He was a POW for years. He earned it as far as I’m concerned.
I had an uncle who was on 100% disability from the military and worked as a farmer for 30 years after his medical discharge. I guess he could have "retired" and sat around the house every day for the rest of his life, but instead he chose to work. I have much more respect for him for the choice he made.
Bump
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