Veterans Voice: Recently passed legislation of interest to vets
By the time the General Assembly adjourned on June 24, it had passed several bills that will have an impact on local veterans.
The most significant appears to be the budget itself, which included a provision exempting all military pension income from state income tax effective in the tax year beginning Jan. 1, 2023.
According to John Gallo, president of the United Veterans Council of Rhode Island, 66 bills or resolutions were introduced in the General Assembly this session that related in some way to veterans. Of those, 24 were passed and have been signed by Gov. Dan McKee, or are awaiting his signature.
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Some had a very narrow focus, such as a tax exemption for an American Legion Post in East Providence and a lease amendment for the Benefit Street Armory in Providence. Bills also authorized East Providence and North Smithfield to adopt tax exemption classifications for veterans; the one in North Smithfield also applied to Gold Star parents.
Other bills carried significantly more import — such as the so-called “stolen valor” act, which made falsely pretending to be a member of the military a crime.
This legislation was inspired by the case of Sarah Jane Cavanaugh, an East Greenwich woman who claimed to be a Marine Corps veteran and a Purple Heart and Bronze Star recipient. She forged documents showing she was suffering from lung cancer, and fraudulently collected more than $250,000 in benefits and contributions before a VA records check confirmed she had never served in the U.S. military.
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The new law allows prosecution of those who falsely represent themselves as members of the military, or as a veteran. The state crime would be punishable by a year in prison and/or a fine of up to $1,000.
Other legislation signed into law will:
◘ Create a special motor vehicle registration plate for recipients of the Bronze Star Medal.
◘ Establish the Black Regiment Monument Commission to maintain the monument located in Patriots Park in Portsmouth.
◘ Entitle disabled and military voters to utilize electronically transmitted ballots.
The House also created a nine-member commission to make recommendations for a Vietnam Memorial to be located in Providence. This commission is to report back to the House by Jan. 31.
Another bill awaiting the governor’s signature would authorize special license plates for recipients of the Purple Heart Medal.
If you know of a veteran who might benefit from the companionship of a dog or a cat, the path to such an adoption may be smoother starting next year. Legislation passed both houses waiving the fee if a veteran wished to adopt a dog or cat from a public animal shelter.
Important federal legislation is still pending
This year Congress passed several pieces of legislation that will benefit veterans. However, one very important proposal is still pending.
Military retired pay (calculated and paid by the Department of Defense) and disability compensation (calculated and paid by the Veterans Administration) are two completely different benefits established by Congress for two different reasons.
For many years, however, retired veterans who also qualified for VA disability compensation have suffered under an unfair policy called “concurrent receipt.” Under this policy, they could not receive both payments.
If veterans received a disability payment from the VA for service-connected injuries or illnesses, their retirement pay was reduced for every dollar of VA disability received. It’s the only such offset in the entire federal compensation system.
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Congress finally acknowledged this offset was an injustice in 2004, but lawmakers only partially corrected the problem because of cost. That year’s National Defense Authorization Act allowed concurrent receipt for those who had 20 or more years of service and a 50% or greater VA disability rating.
Left behind were those with a disability rating of less than 50%, as well as those with 50% or greater who were injured while on duty and were forced to medically retire before they reached 20 years of service.
Realizing the cost is a significant obstacle, veteran service organizations have tried chipping away at this inequity via an incremental approach. This year, 58 senators and 262 representatives have so far signed on to a bipartisan effort called the Major Richard Star Act, which would would expand the 2004 policy to include some 50,000 retirees who were forced into medical retirement by service-connected injuries or illnesses before they reached 20 years of service.
“Tens of thousands of military members forced to retire after combat-related injuries suffer a lifelong financial injustice,” wrote Tom Jurkowsky in the May 8 edition of The Hill, a Washington-based political website. “They must forfeit part of their vested retirement pay to receive disability compensation. Reducing the retirement pay of combat-disabled veterans is as wrong as it sounds, and Congress must act on pending legislation to correct this inequity.”
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The bill is named for an Army Reservist and combat engineer who served multiple tours in Afghanistan and Iraq. He contracted lung cancer due to toxic exposure during those deployments.
According to Jurkowsky, Star learned about the reduction in his retirement pay from his hospital bed at Walter Reed National Military Medical Center after his last deployment to Iraq.
“Driven to represent his fellow wounded warriors … he started visiting offices in the House and Senate office buildings. Although he struggled to make it down the halls, often out of breath, he pushed Congress to introduce legislation that would remedy this offset provision.”
Star died of his illness in February 2021.
Rhode Island Congressmen David Cicilline and James Langevin have both signed on to the House version of this bill, and Sen. Sheldon Whitehouse is a cosponsor of the Senate version. (According to available information, Sen. Jack Reed has not yet signed on to the bill. There has been no response yet to a request for clarification that was emailed to his office on Friday.)
Calendar
July 25, 6 p.m., Congressman David Cicilline will host his annual veterans community conversation at Slater Park Pavilion, 825 Armistice Blvd., Pawtucket. The event will feature a BBQ dinner for veterans, active servicemembers and their families. All attendees must RSVP in advance. Spots are reserved on a first-come, first-served basis. You can sign up online here, or by calling (401) 729-5600 or emailing CicillineRSVP@mail.house.gov.
Representatives from the Department of Veterans Affairs and the Rhode Island Office of Veterans Services will be available to answer questions.
July 30, 1 to 4 p.m., Learn to catch, shuck and cook your own shellfish at North Kingstown Town Beach. Everything is free for service members, veterans and their families. The Providence Vet Center is teaming up with the Rhode Island Division of Fish and Wildlife and local shellfisherman Jody King to offer this opportunity. No RSVP needed.
Questions? Call Justyn Charon at (401) 739-0167 or email Justyn.Charon@va.gov
Ocean therapy available free to veterans through Oct. 16. One-on-one sessions as well as an eight-week program are available. Break Through Waves combines yoga, mindfulness, and breathing exercises with surf therapy or stand-up paddle boarding. The one- to two-hour session is specifically designed for those who have experienced trauma or who have been diagnosed with PTSD.
Surfing program takes place at Easton’s Beach (First Beach), 175 Memorial Blvd., Newport. Stand-up paddle boarding is at West Island, corner of Goulart Memorial Drive and Alder Street, Fairhaven. For details or to sign up visit breakthroughwaves.com. This programming is made available through the Providence Vet Center.
Mondays, 4 to 8:30 p.m., Narragansett Bow Hunters, 1531 Ten Rod Rd., North Kingstown, offering an opportunity to learn archery at no charge. Everything you need will be provided (bows, arrows, arm guards, targets, finger tabs, and instruction). No RSVP needed. For further information call (401) 295-7228 or visit narragansettbowhunters.org.
To report the outcome of a previous activity, or add a future event to our calendar, email the details (including a contact name and phone number/ email address) to veteranscolumn@providencejournal.com
This article originally appeared on The Providence Journal: Rhode Island legislation that may interest veterans
