Usually when retired from the military, service members are eligible to receive both retired pay from the Department of Defense (DoD) and disability compensation from the Department of Veterans Affairs (VA) if they sustained injuries while serving. However, only those who have at least 20 years of service and have a disability rating of 50% or higher can receive both benefits at the same time. All other retirees, under current law, have to forfeit part of the military benefits they earned for their service.
The offset for military retirees with at least 20 years of service and 50% or higher disability ratings was repealed by Congress in 2004. The Major Richard Star Act will allow over 50,000 retirees whose military careers ended due to combat-related injuries to receive full disability compensation and retired pay that they have previously been denied.
Congressmen Gus Bilirakis (R-Fla.) and Raul Ruiz (D-Calf.) reintroduced the Major Richard Star Act in March, which received overwhelming bipartisan support in the U.S. House and Senate. Currently, 320 representatives and 65 senators cosponsor the bill.
“After serving and sacrificing for our nation, too many veterans face unnecessary roadblocks in receiving the benefits they need, have earned, and deserve,” said Dr. Ruiz. “The Major Richard Star Act would repeal the unjust law that stands in the way of veterans receiving the military retirement pay and service-connected disability compensation that they have rightfully earned.”
The Major Richard Star Act also received support from Veterans Service Organizations, including Wounded Warrior Project (WWP), a nonprofit organization that helps veterans and active duty service members.
“Military retired pay and VA disability compensation are distinct benefits established by Congress for different purposes, and under no circumstances should veterans have to forfeit a portion of their retirement pay simply because they were medically retired for combat-related injuries,” said WWP Vice President of Government Affairs Jose Ramos. “The Major Richard Star Act would finally eliminate the offset for those veterans and fully recognize their extraordinary sacrifices while in service.”
The Major Richard Star Act is named in honor of Major Richard A. Star, who served in Afghanistan, Iraq and Kuwait with the U.S. Army Reserves. Before passing away in 2021 from cancer, he valiantly campaigned for veterans who were denied their rightful retirement pay and military benefits. His wife, Tonya Star, stated in an interview that she was certain that the Major Richard Star Act will gain more cosponsors in the upcoming 118th Congress.
“I think our elected officials have finally understood what this bill really means in regards to the nuts and bolts of it,” she stated, “I think we clearly have enough votes to get on the consensus calendar, and the goal is, of course, to get on as soon as possible, and not to run out of time.”
The Star Act had enough cosponsors to pass in the 117th Congress, but by the time it reached that level of support there were less than the required 25 days in the legislative calendar to put it up for a vote on the floor.
One can help the passage of the Major Richard Star Act by contacting their congressional representatives and asking for their co-sponsorship. The brave men and women who have served our country should be allowed to receive the benefits they have earned.
Featured image: Photo by Ian MacDonald on Unsplash
Edited by: Steven London & James Sutton