September 16, 2026
Mrs. Spartz introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To amend title 10, United States Code, to provide for concurrent receipt of veterans’ disability compensation and retired pay for disability retirees with combat-related disabilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Combat Veterans Retirement Restoration Act
.
Sec. 2. Concurrent receipt of veterans’ disability compensation and retired pay for disability retirees with combat-related disabilities
(a) Concurrent receipt generally
Section 1414(b) of title 10, United States Code, is amended by striking paragraph (2) and inserting the following new paragraphs:
(2) Combat-related disability retirees
(A) In general
A member retired under chapter 61 of this title with a combat-related disability who is entitled for any month to retired pay under chapter 61 of this title and is also entitled for that month to veterans’ disability compensation under title 38, is entitled to be paid both without regard to sections 5304 and 5305 of title 38, as provided by subparagraphs (B) and (C).
(B) Career retirees
In the case of a member retired under chapter 61 of this title who has a combat-related disability that is not a qualifying service-connected disability (as defined in subsection (a)(2)) and who, at the time of the member's retirement, had 20 years or more of service otherwise creditable under section 1405 of this title or at least 20 years of qualifying and equivalent service computed under sections 12732 and 12733 of this title, the member may receive, without regard to sections 5304 and 5305 of title 38, both—
(i)
the amount of retired pay to which the member would have been entitled under any other provision of law based on the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title; and
(ii)
veterans’ disability compensation under title 38.
(C) Disability retirees with less than 20 years of service
In the case of a member retired under chapter 61 of this title with a combat-related disability and who, at the time of the member's retirement, had less than 20 years of service otherwise creditable under section 1405 of this title or less than 20 years of qualifying and equivalent service computed under sections 12732 and 12733 of this title, the member may receive, without regard to sections 5304 and 5305 of title 38, the lesser of—
(i)
both—
(I)
the retired pay for which the member is eligible under chapter 61 of this title; and
(II)
veterans’ disability compensation under title 38; or
(ii)
both—
(I)
an amount equal to the product of the retired pay base computed under section 1406(b) or 1407 of this title and the retired pay multiplier determined under section 1409 of this title, as such base pay and multiplier would be computed if the member had 20 years of service creditable under section 1405 of this title; and
(II)
veterans’ disability compensation under title 38.
(D) Combat-related disability defined
In this paragraph, the term combat-related disability has the meaning given that term in subsection (e) of section 1413a of this title and as determined under the criteria and procedures used for purposes of such section.
(3) Exclusion of other retirees
Subsection (a) does not apply to a member retired under chapter 61 of this title if the member is not covered by paragraph (1) or (2).
(b) Technical and conforming amendments
(1) Coordination with combat-related special compensation program
Section 1414(d) of title 10, United States Code, is amended by striking qualified retiree under this section
and inserting qualified retiree under subsection (a) or is entitled to a payment under subsection (b)(2)
.
(2) Amendments reflecting end of concurrent receipt phase-in period
Section 1414 of title 10, United States Code, is further amended—
(A)
in subsection (a)(1)—
(i)
by striking the second sentence; and
(ii)
by striking subparagraphs (A) and (B);
(B)
by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and
(C)
in subsection (d), as redesignated, by striking paragraphs (3) and (4).
(3) Section heading
The heading of section 1414 of such title is amended to read as follows:
1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt
(4) Conforming amendment
Section 1413a(f) of such title is amended by striking Subsection (d)
and inserting Subsection (c)
.
(c) Authorization of appropriations
There is authorized to be appropriated to the Secretary of Defense $9,400,000,000 to carry out the amendments made by this section, to remain available until expended.
(d) Effective date
The amendments made by this section shall apply to payments for months beginning on or after January 1, 2027, and shall apply to payments for months beginning on or after that date.