38 CFR 3.750 - Entitlement to concurrent receipt of military retired pay and disability compensation

Cite as38 CFR 3.750
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9 practice notes
  • VA Compensation and Pension Regulation Rewrite Project
    • United States
    • Federal Register November 27, 2013
    • November 27, 2013
    ...based on a VA determination of IU are no longer subject to a phase-in period. On March 16, 2009, VA published a final rule that amended 38 CFR 3.750 by removing language that made veterans who receive disability compensation based on a VA determination of IU subject to a phase-in period. Se......
  • Part II
    • United States
    • Federal Register May 22, 2008
    • May 22, 2008
    ...no cash payment will be made to military retirees unless there is a corresponding waiver of retirement pay. (See 38 U.S.C. 5304(a) and 38 CFR 3.750) (2) For purposes of this paragraph (h), a claim will be considered to have been resolved in a manner favorable to the claimant or appellant if......
  • Urbaniak v. Urbaniak, No. 25850.
    • United States
    • Supreme Court of South Dakota
    • December 7, 2011
    ...benefits (and incur tax-exempt status) only if he or she waives a corresponding amount of military retirement pay. 38 U.S.C. § 5304; 38 C.F.R. § 3.750. [¶ 15.] In 1981, the United States Supreme Court held that federal law precluded state courts from treating military retirement pay as comm......
  • In re M.E.R-L., Court of Appeals No. 20CA0111
    • United States
    • Colorado Court of Appeals of Colorado
    • December 17, 2020
    ...as contemplated by Colorado State law." True, he characterizes veteran's disability benefits as "a federal entitlement pursuant to 38 CFR § 3.750," but that characterization does not inform us whether our legislature intended to treat the program as the equivalent of an insurance program. A......
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5 cases
  • Urbaniak v. Urbaniak, No. 25850.
    • United States
    • Supreme Court of South Dakota
    • December 7, 2011
    ...benefits (and incur tax-exempt status) only if he or she waives a corresponding amount of military retirement pay. 38 U.S.C. § 5304; 38 C.F.R. § 3.750. [¶ 15.] In 1981, the United States Supreme Court held that federal law precluded state courts from treating military retirement pay as comm......
  • In re M.E.R-L., Court of Appeals No. 20CA0111
    • United States
    • Colorado Court of Appeals of Colorado
    • December 17, 2020
    ...as contemplated by Colorado State law." True, he characterizes veteran's disability benefits as "a federal entitlement pursuant to 38 CFR § 3.750," but that characterization does not inform us whether our legislature intended to treat the program as the equivalent of an insurance program. A......
  • Porter v. United States, No. 15-576C
    • United States
    • Court of Federal Claims
    • April 18, 2017
    ...capped"). The cap on Mr. Porter's retirement payments results from the operation of two sets of laws. First, under 38 U.S.C. § 5304 and 38 C.F.R. § 3.750, a veteran who is eligible for both military retirement pay and disability compensation must generallyPage 11 waive his military retired ......
  • Taylor v. Gardner, No. 18822.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • March 26, 1968
    ...the federal regulations provide a manner in which an incompetent may elect whether to receive retirement pay or veterans' benefits, 38 C.F.R. § 3.750(b) (1957), even though the statute makes no specific provisions, see §§ 3104, 3105, 72 Stat. 1230, 1231 (1958), 38 U.S.C. §§ 3104, 3105 (1964......
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