In a deal reached last fall to end the ban on concurrent receipt of military retirement and disability compensation for some retirees, Congress and the White House also agreed to establish a bipartisan commission to review current disability programs and, if needed, recommend reforms.

Just as the partial concurrent receipt deal is controversial—dividing disabled retirees into haves and have-nots—the Veterans’ Disability Benefits Commission now taking shape also could be politically charged.

“This commission could perform a useful function,” said Rep. Ted Strickland (R-Ohio) of the House Veterans Affairs Committee. “I fear, though, that it will have negative consequences for veterans,” recommending limits on veterans’ “disability services and payments.”

Strickland then stirred the pot more, adding he is worried Republican-appointed commissioners could be “lap dogs” of an administration many veteran groups have grown to distrust. 

Over many decades, both Republican and Democratic administrations opposed lifting the ban on concurrent receipt. But it was this administration that, as the issue gained traction on Capitol Hill, threatened a presidential veto of any bill that would ease the dollar-for-dollar reduction in military retired pay for retirees drawing disability compensation.

Last September, House Republicans showed veterans’ groups a proposal negotiated with the White House that would lift the ban on concurrent receipt entirely if they would agree to support legislation narrowing sharply the eligibility of future veterans for disability pay. Only disabilities tied to “performance of duty’’ would qualify for compensation, and an individual’s disability ratings, set at time of retirement, could not be raised. Veterans associations were outraged by the proposal, and it was withdrawn.

Finally, congressional leaders and the White House agreed to lift partially the ban on concurrent receipt immediately—effectively restoring lost retired pay to 225,000 to 250,000 military retirees—if the disabilities were tied to combat or combat training and were phased in over 10 years for those with disabilities rated at least 50 percent. 

But the deal had to include a bipartisan commission to critique VA and Defense Department disability programs. The Veterans’ Disability Benefits Commission will attract intense interest. Two groups of disabled retirees, for example, are angry they were left out of the concurrent receipt deal. They include 300,000 to 400,000 career military retirees with disabilities either rated below 50 percent or unrelated to combat or combat training. These retirees continue to see their retired pay reduced by the amount they draw each month in disability compensation.

Also complaining of no raise in benefits are disabled retirees forced by injuries or illness to leave service short of 20 years. Partial concurrent receipt, they argue, only widens the disparity in lifetime compensation between those fortunate enough to serve full careers and those forced to accept disability retirement, some because of war wounds.

On the other hand, some cost-conscious critics could argue current disability programs are too inclusive, that “service connected” should mean only performance-related disabilities rather than any illness diagnosed or injury sustained while in the service, as the current law directs.

The commission will have 13 members. The Senate Majority Leader and Senate Minority Leader will appoint two members apiece, as will the Speaker of the House and the House Minority Leader. The president will make the remaining five appointments. A majority of commissioners must have received the Silver Star or a higher combat decoration.

Senate Minority Leader Tom Daschle (D-S.D.) was the first to announce his picks: Former Nevada Governor Mike O’Callaghan, a tri-service veteran who earned the Silver Star, Bronze Star, and Purple Heart during the Korean War, and Rick Surratt, a veteran wounded in combat in Vietnam who is today the deputy legislative director of the Disabled American Veterans.

A final report is due to Congress and the White House 15 months after the commission’s first meeting.

Tom Philpott is a freelance writer and syndicated news columnist. His column, "Military Update," appears in 48 daily newspapers throughout the United States and overseas.