Chapter 61

It sounds like this is practically under Bush's pen for the signing...

Basically, this is for active duty military service members that were medically retired before serving a full 20 years (in which case you would qualify for longevity retirement/pension benefits) and your medical retirement rating is 30% or more. Most people in this situation submit a claim to the Veterans Administration (VA) and most likely get a higher claim percentage. When you do this you are basically giving up the "retirement" pay from the military.

What this update will do is allow people in this situation to collect both their VA disability compensation AND the military "retirement" money.

It's not law yet but as I find out more I'll post it. From what I've been hearing it's pretty likely this will get signed.

ETA: I had this cleared up for me on www.veteransresources.org. This is a great forum to get questions answered about benefits and other veteran related information. There are a LOT of knowledgeable people on there and you can a question answered within a day. I would highly recommend joining if you have any questions, doubts, etc.

Update: 29 Jan 2008

President Bush Signs H.R. 4986, the National Defense Authorization Act for Fiscal Year 2008 into Law Today, I have signed into law H.R. 4986, the National Defense Authorization Act for Fiscal Year 2008. The Act authorizes funding for the defense of the United States and its interests abroad, for military construction, and for national security-related energy programs. Provisions of the Act, including sections 841, 846, 1079, and 1222, purport to impose requirements that could inhibit the President's ability to carry out his constitutional obligations to take care that the laws be faithfully executed, to protect national security, to supervise the executive branch, and to execute his authority as Commander in Chief. The executive branch shall construe such provisions in a manner consistent with the constitutional authority of the President. GEORGE W. BUSH THE WHITE HOUSE, January 28, 2008.

Just received this e-mail from an AW2 advisor:

Here's the guidance I received from CRSC regarding Chapter 61. *       CRSC  will not begin processing claims until the DoD provides program implementation instructions.  Please continue to check our website for receipt of the DoD implementation instructions. *       Potentially eligible retirees can begin to gather the required documentation (VA rating decision, DD214, medical records) needed to submit their claim. *       Required documentation includes: *       a signed claim form                       1       copy of Chapter 61 Board results (Chapter 61 claimants only)                       2       copies of ALL VA rating decisions which include the letter and the narrative summaries                       3       copies of ALL DD214's                       4       medical records that support "HOW" the injury occurred for each claimed disability that meets the criteria for combat-related (see our website to learn what combat-related is on one easy page) *       The CRSC website will be kept updated with program guidance and claim information. *       www.crsc.army.mil and to email use the following address: [email protected] *       CRSC call center number is 1-866-281-3254.

Incredible, I've never heard anything about this before.  I hope they are planning on getting this info out after it's fully implemented, otherwise, how would you ever know?

I always thought it was lame that you had to choose between retirement and disability - I mean, they are two different things.

Why would you have to apply anyway?  Shouldn't it be automatic?

Nothing is automatic when it comes to the government giving you money... even when it's yours.

I'll look into the updates on this.

DD Form 2860

All military retirees who are eligible to receive CRSC must apply to their own branch of service using DD Form 2860, Claim for Combat-Related Special Compensation (CRSC). Along with the application, include any documentation that you feel is relevant. Examples of documentation you may want to send include copies of the following: * Retirement orders * 20-year letter or statement of service (for reservists) * Relevant pages in your Department of Veterans Affairs (VA) or service   medical record * VA ratings determinations * Purple Heart decoration award citations * Retirement Form DD214 The Department of Defense (DOD) guidance does not provide an exhaustive list of relevant documentation but instead states that decisions will be made on the preponderance of available documentary information. Keep in mind that the quality of the information is more important than the quantity. Be sure to send copies - not original documents. Original documents will not be returned. Documents do not need to be notarized. Once a final decision is made, your branch of service will notify you in writing of approval or denial of your application. If approved, a copy of your approval letter will be forwarded to DFAS. If you cannot access the form using the link above, you can call or request an application from the appropriate branch of service below. All completed applications must be mailed or faxed to the listed locations; they cannot be submitted electronically.

Combat-Related Special Compensation (CRSC) What is CRSC? CRSC may entitle you to additional funds which are designed to compensate you for the reduction of your military retired pay due to the receipt of Department of Veterans Affairs (VA) compensation (also known as the VA waiver's). With CRSC, you can receive either partial or full concurrent receipt of your military retirement pay and your VA disability compensation. How is the amount of my CRSC Calculated? We pay CRSC based on the combined disability rating of combat-related disabilities as determined by your branch of service. Additionally, only combat-related disabilities for which you actually receive Department of Veterans Affairs (VA) compensation will be considered. Use the following formula to obtain your combined VA rating of multiple combat-related disabilities: (1) Subtract each disability percent from 100% to obtain the remaining efficiencies. (2) Multiply the remaining efficiencies together. (3) Subtract the result from 100%. (4) Round to the nearest 10%, round up for 5% or above. Example: Using three disabilities of 50%, 40% and 30% … (1) [100 - 50 = 50%] / [100 - 40 = 60%] / [100 - 30 = 70%] (2) 50% x 60% x 70% = 21% (3) 100% - 21% = 79% (4) 79% rounds up to an 80% combined disability.