The U.S. Court of Appeals for the Federal Circuit recently
rejected a challenge to a federal law prohibiting disabled
military retirees from receiving both disability retirement
pay and military retirement pay. The group of disabled
military retirees argued that the law violated their equal
protection rights because though the law prohibits them
from receiving both, it does not prohibit veterans who
retire from other branches of federal service from receiving
both kinds of retirement pay.
In addition to arguing that the law treated them differently
from other veterans, the disabled military retirees argued
that because Congress recently changed that law to allow
veterans who are at least fifty percent disabled and who
have at least twenty years of military service to receive
both, the law prohibiting them from receiving both lacked
a rational basis.
In rejecting their arguments, the Federal Circuit held
that the fact that Congress changed a part of the law does
not itself mean the entire law lacked reason. Based on its
own prior decisions, the court concluded that Congress may
treat military retirees differently from civilian veteran
retirees with respect to receiving benefits from different
sources.
The full text of the decision can be found here: http://www.fedcir.gov/opinions/03-1338.doc
