10 U.S.C. § 1413a — Combat-related special compensation

(a) Authority. The Secretary concerned^* must pay^* each eligible combat-related disabled uniformed-services retiree who elects this section a monthly amount for the retiree's combat-related disability, calculated under subsection (b). (b) Amount. (1) Subject to paragraphs (2) and (3), the monthly amount is the title 38 compensation for that month, ignoring disabilities that are not combat-related. (2) It may not exceed the reduction in the retiree's retired pay for that month under sections 5304 and 5305 of title 38. (3)(A) For a chapter 61 disability retiree, the payment plus retired pay after that reduction may not exceed the retired pay the member would have received under another law based on service in the uniformed services^* if not retired under chapter 61. (B) For such a retiree with fewer than 20 years of creditable service, the combined amount may not exceed the member's retired-pay percentage under section 1409(b), multiplied by the member's retired-pay base under section 1406(b)(1) or 1407, whichever applies. (c) Eligible retirees. The term means a uniformed-services member who (1) is entitled to retired pay, except solely under section 12731b, and (2) has a combat-related disability. (d) Procedures. The Secretary of Defense must set uniform Department of Defense procedures and criteria for a disabled retiree to apply to the Secretary of a military department for this status. (e) Combat-related disability. It means a disability compensable under laws administered by the Secretary of Veterans Affairs that (1) resulted from an injury for which the member received the Purple Heart, or (2) was incurred, under Defense Secretary criteria, (A) directly from armed conflict, (B) during hazardous service, (C) while performing duty under conditions simulating war, or (D) through an instrumentality of war. (f) Coordination. Subsection (d) of section 1414 provides coordination between that section's benefits and these benefits. (g) Status. These payments are not retired pay. (h) Source. Payments for Army^*, Navy, Air Force, Marine Corps, or Space Force members come from the Department of Defense Military Retirement Fund. Payments for other members come, for that fiscal year, from funds appropriated for pay and allowances payable by the Secretary concerned. (i) Other definitions. (1) “Service-connected” has the meaning in section 101 of title 38; this section does not define it. (2) “Retired pay” includes retainer pay, emergency officers' retirement pay, and naval pension.