Major Richard Star served in the U.S. Army Reserves, deploying to Afghanistan, Iraq, and Kuwait. After contracting stage 4 lung cancer due to exposure to burn pits and other harmful environmental conditions while overseas, his wife, Tonya, made the decision to leave her job to care for him full-time.
Star faced an unexpected financial challenge when he learned that, since he had not completed 20 years of military service, his disability pay from the Department of Veterans Affairs (VA) would be deducted from his retirement pay from the Department of Defense.
Determined to resolve this little-known issue, Star advocated for legislation to address it, meeting with lawmakers even as he neared the end of his life. He passed away on February 13, 2021.
WHY IS THIS BILL NECESSARY?
When Service members retire from the military, they are entitled to both retired pay from the Department of Defense (DoD) and disability compensation from the Department of Veterans Affairs (VA) if they were injured during their service. Unfortunately, current law allows only military retirees with at least 20 years of service and a disability rating of at least 50 percent to collect both benefits simultaneously. For all other retirees, there is a dollar-for-dollar offset between these two benefits, which means they must forfeit a portion of the benefits they earned through their service. It is time to fully honor veterans who were medically retired due to injuries incurred in combat or combat-related training. Regardless of their length of service, these veterans have earned all their benefits through their extraordinary sacrifices in defending our nation.
WHAT DOES THE BILL DO?
In 2004, Congress eliminated the offset for military retirees with at least 20 years of service and a disability rating of at least 50 percent. The Major Richard Star Act seeks to expand this policy to the 42,000 retirees whose military careers were cut short due to combat-related injuries, allowing them to collect hundreds of dollars per month that they have been denied until now.
WHO IS ELIGIBLE?
Under the Major Richard Star Act, former Service members who were medically retired from the military with less than 20 years of service (Chapter 61 retirees) and who are eligible for Combat-Related Special Compensation (CRSC) would no longer have their benefits reduced by the offset. This includes individuals retired for injuries sustained in combat and combat-related training.
VFW EFFORTS TO END THE OFFSET
The DoD retired pay and VA disability compensation are two distinct benefits established by Congress for different reasons. The VFW strongly believes that collecting both benefits should never be considered "double dipping,” and no retiree should be subject to the offset. For this reason, the VFW will continue to support legislation aimed at eliminating the offset for all retirees and considers the Major Richard Star Act as a significant step toward achieving that goal.