This bill expands eligibility for retirement and healthcare benefits for National Guard members who incur disabilities while performing State active duty.
Stephanie Bice
Representative
OK-5
The "Supporting Disabled National Guardsmen Act" allows National Guard members to be eligible for retirement from the Armed Forces due to disabilities incurred while performing State active duty. It also makes National Guard members eligible for Department of Veterans Affairs (VA) hospital care and medical services for disabilities incurred while performing State active duty, as well as for any illnesses or conditions resulting from these disabilities. The VA's ability to provide these services is limited to the extent and amount specifically allocated in advance through appropriations acts. Before the VA can reimburse for care or services, individuals or their healthcare providers are required to first exhaust all other available payment options.
Disabled National Guard Members on State Duty Could Get Federal Benefits Boost
The "Supporting Disabled National Guardsmen Act" aims to level the playing field for National Guard members injured while serving on state active duty. Currently, these members don't always qualify for the same federal retirement and healthcare benefits as those injured on federal duty. This bill changes that.
State Duty, Federal Benefits
This act amends Section 1204 of title 10 of the United States Code, allowing National Guard members to retire from the Armed Forces due to disabilities incurred while performing State active duty. Think of a Guardsman injured while responding to a state-declared natural disaster. Under this bill, they could be eligible for federal retirement benefits, just like if they were injured during federal service. However, there's a catch: if they're already receiving federal or state benefits for the same disability, their retired pay will be reduced to prevent "double-dipping" (SEC. 2).
VA Care, with Caveats
The bill also opens the door to Department of Veterans Affairs (VA) healthcare for these Guardsmen (SEC. 3). This includes hospital care and medical services for disabilities incurred on state active duty, and any related illnesses. Imagine a Guardsman developing a chronic condition due to an injury sustained during state duty. They could potentially receive ongoing care at a VA facility. But, it is important to note that the VA can only provide these services if funds are specifically allocated in advance by Congress. Also, Guardsmen (or their providers) must first try to get payment from other sources, like health insurance or third-party claims, before the VA foots the bill. "State active duty" is defined here as per section 4303 of title 38.
Real-World Impact
While this bill offers a significant step toward fairness for National Guard members, there are a couple of things to keep in mind. First, the VA healthcare provision depends on Congress actually allocating the necessary funds. Second, the requirement to exhaust other payment options could create some administrative hurdles. Overall, the "Supporting Disabled National Guardsmen Act" aims to ensure that those injured while serving their state aren't left behind when it comes to federal benefits.