Major Richard Star Act: What Combat-Injured Veterans Should Know
The Major Richard Star Act is back in the news.
Congress recently introduced the Take Care of America’s Veterans Act, a large veterans package that includes the Major Richard Star Act and many other proposed changes affecting Veterans, military retirees, VA health care, and VA benefits.
For combat-injured, medically retired Veterans, the Major Richard Star Act matters because it deals with a long-running issue: whether certain Veterans should be able to receive both military retired pay and VA disability compensation without a dollar-for-dollar offset.
This issue is often called “concurrent receipt.”
It sounds technical. But for affected Veterans and families, it can mean real monthly income.
What is the Major Richard Star Act?
The Major Richard Star Act is proposed legislation aimed at helping certain combat-injured Veterans who were medically retired before reaching 20 years of service.
Under current law, many military retirees who receive VA disability compensation must waive part of their military retired pay. In simple terms, one benefit can reduce the other.
That offset can hit medically retired, combat-injured Veterans especially hard.
These are Veterans whose military careers may have been cut short because of combat-related injuries. They may have earned military retired pay through medical retirement, but they may not receive the full value of both retired pay and VA disability compensation.
The Major Richard Star Act seeks to change that for certain eligible Veterans.
Why this matters to combat-injured Veterans
Military retired pay and VA disability compensation are not the same thing.
Military retired pay is connected to military service and retirement status.
VA disability compensation is connected to service-connected disability and the lasting effects of injury, illness, or aggravation related to service.
For many Veterans, those benefits serve different purposes.
That is why concurrent receipt is such an important issue. A Veteran may feel that military retired pay was earned through service, while VA disability compensation exists because the Veteran now lives with the physical or mental consequences of that service.
When one benefit offsets the other, the Veteran may feel financially penalized for being disabled.
What are Chapter 61 retirees?
Many discussions about the Major Richard Star Act mention “Chapter 61” retirees.
Chapter 61 refers to disability retirement under Title 10 of the United States Code. In practical terms, it includes service members who were medically retired from the armed forces because of disability.
Some Chapter 61 retirees served 20 years or more. Others were medically retired before reaching 20 years because of injury or illness.
The Major Richard Star Act focuses on a group of medically retired Veterans whose service was cut short, especially those with combat-related disabilities.
What are CRDP and CRSC?
Two important terms often come up in this discussion:
- Concurrent Retirement and Disability Pay, often called CRDP;
- Combat-Related Special Compensation, often called CRSC.
CRDP can allow some military retirees to receive both retired pay and VA disability compensation, subject to eligibility rules.
CRSC can provide special compensation for certain combat-related disabilities. It is different from CRDP and has its own application and eligibility requirements.
The details can be complicated. Veterans should not assume they qualify, and they should not assume they are excluded without reviewing the rules and their records.
The bill is proposed, not final
One of the most important points is this:
The Take Care of America’s Veterans Act and the Major Richard Star Act provisions are proposed legislation.
That means Veterans should follow the issue, but they should not assume the law has changed unless and until Congress passes legislation and it is signed into law.
Veterans should also be careful about online posts that make it sound like new money is already available. A proposed bill is not the same thing as an approved benefit.
Why the larger package is controversial
The larger Take Care of America’s Veterans Act has generated debate.
Supporters have highlighted the Major Richard Star Act and other proposed reforms as a way to expand benefits and improve VA services.
Some Veterans organizations and lawmakers, however, have raised concerns about how portions of the package may be funded and whether proposed changes could affect future VA disability compensation for conditions such as tinnitus or obstructive sleep apnea.
Veterans should understand both points:
The Major Richard Star Act itself is widely supported by many Veterans groups because it addresses combat-injured medical retirees.
But the larger package may contain other provisions that Veterans and advocacy groups are watching closely.
That is why the details matter.
What Veterans should watch
If you are a combat-injured or medically retired Veteran, this issue may be worth following closely.
You may want to gather and preserve records such as:
- DD-214;
- Medical retirement paperwork;
- Physical Evaluation Board findings;
- Medical Evaluation Board records;
- VA rating decisions;
- VA decision letters;
- CRSC decisions;
- DFAS Retiree Account Statements;
- Combat-related injury documentation;
- Line of duty records;
- Deployment records;
- Award citations;
- Service treatment records;
- VA disability compensation records.
If the law changes, records may matter.
A Veteran may need to show retirement status, disability status, combat-related injury status, VA rating history, and effective dates.
How this can connect to a VA disability appeal
The Major Richard Star Act is not just a retirement-pay issue.
It can also connect to VA disability claims and appeals.
For example, a Veteran’s VA rating may affect whether the Veteran qualifies for certain pay programs. The effective date of a rating may affect retroactive calculations. Whether a disability is considered combat-related may matter for CRSC. A denied VA claim or low rating may affect the Veteran’s financial picture beyond monthly VA compensation.
That means a VA denial should not always be viewed in isolation.
A decision letter may affect:
- Monthly VA compensation;
- Combined disability rating;
- Effective date;
- Retroactive benefits;
- CRSC or CRDP issues;
- Other dependent or survivor benefits;
- Long-term financial planning.
If VA denied service connection, assigned a low rating, or used the wrong effective date, the decision may be worth reviewing before the appeal deadline passes.
Do not confuse proposed legislation with current entitlement
Veterans should be cautious.
Whenever a benefits issue is in the news, scammers and misinformation can follow. A Veteran may see social media posts, advertisements, or messages claiming that new money is guaranteed or that a private company can unlock benefits immediately.
Be careful.
A bill being introduced does not mean benefits are payable today. A proposed change does not mean every Veteran qualifies. And no one should pressure a Veteran into giving personal information based on a headline.
The safest approach is to rely on official sources, review the actual bill status, and speak with a VA-accredited representative when a claim or appeal is involved.
Bottom line
The Major Richard Star Act is important because it raises a fairness issue for combat-injured, medically retired Veterans.
Many of these Veterans had their military careers cut short by injuries connected to service. The question is whether they should have to lose part of one earned benefit in order to receive another.
The larger Take Care of America’s Veterans Act is still proposed legislation, and the details are being debated.
Veterans should follow the issue, preserve records, and avoid assuming that a proposed bill has already changed the law.
If your VA disability rating, effective date, or service-connection decision may affect retired pay, CRSC, CRDP, or other benefits, it may be worth reviewing the decision carefully.
This article is for general information only and is not legal advice. Reading this article or contacting our office does not create an attorney-client relationship unless we agree to representation in writing.
Resources
- House Committee on Veterans’ Affairs: Take Care of America’s Veterans Act Press Release
- GovInfo: H.R. 9237 — Take Care of America’s Veterans Act
- GovInfo: S. 4744 — Take Care of America’s Veterans Act
- Congressional Budget Office: H.R. 2102, Major Richard Star Act
- DFAS: VA Waiver And Retired Pay, CRDP, And CRSC
- VFW: Opposition To Disability Benefit Cuts In Proposed Package
- Senate Veterans’ Affairs Committee Minority: Statement On S. 4744
- VA: Decision Reviews And Appeals