Posted by Disabled American Veterans, 1/24/13: Please Contact Your Representative Today Take Action! On January 15, 2013, Rep. Gus Bilirakis (FL) introduced H.R. 303, the Retired Pay Restoration Act. This bill would end the unfair policy of forcing many military longevity retirees to forfeit some of their retired pay in order to receive equal amounts of disability compensation from the Department of Veterans Affairs (VA). The effect of this policy means military retirees are paying for their own disability with their military retired pay. This unfair policy has adversely impacted disabled veterans and their families for more than a century, but was partially repealed by Congress in 2004. Under current law disabled veterans with 20-plus years of active military service who are also in receipt of a VA disability determination of 50 percent or higher may retain both military retirement pay and their VA compensation. In line with Disabled American Veterans (DAV) resolution 019, H.R. 303 would end the longstanding and unfair practice of the government’s withholding of military longevity retired pay in exchange for VA disability compensation, regardless of disability rating. DAV believes what is unfair for a veteran rated 50 percent disabled or higher by the VA is equally unfair for a disabled veteran rated 40 percent disabled or lower. Disabled military longevity retirees should not be penalized by the government for any reason. Currently, H.R. 303 has bipartisan support. This legislation was referred to the House Committee on Armed Services, and in addition to the Committee on Veterans’ Affairs for a period to be determined by the Speaker of the House. Please use the prepared e-mail, or draft your own message, to request that your Representative support this important bill and ask that it be brought to the floor for a vote and passed as soon as possible. Thank you for all that you do for veterans and their families. We need your grassroots action to gain Congressional enactment of this important legislation.
Mr. Finkelstein is the Managing Partner of Finkelstein & Partners, LLP. He has become a noted consumer activist through his representation of injured individuals against corporate wrongdoers and irresponsible parties.
An accomplished litigator, Mr. Finkelstein has represented Plaintiffs in wrongful death and catastrophic personal injury cases. He has successfully handled dozens of multi-million dollar cases.