Claim Raven explanation
What this means
This section allows a person receiving specified military or uniformed-service retired pay to waive an equal amount of that pay so VA pension or compensation can be paid. The retired-pay department reports the waiver amount and effective date to VA to prevent duplicate payment.
The person waives only so much retired or retirement pay as equals the VA pension or compensation. The filing is made with the department paying the retirement benefit, which must notify VA. Section 1414 of title 10 is expressly excepted, so the broader concurrent-retirement framework must be checked before assuming a full offset is required.
How this helps your claim
The waiver coordinates two federal payments. It does not erase the retirement entitlement, and title 10 may permit concurrent receipt in circumstances referenced by the statute.
What to check in your records
Compare the VA award, retirement type, waiver, and pay-agency adjustment for the same effective period.
- Keep the VA eligibility notice and military or uniformed-service retired-pay statements.
- Preserve the signed waiver and proof of the receiving department's action.
- Reconcile the waiver amount, effective date, and later concurrent-receipt changes.
Follow both agencies' records
Keep the VA award beside the retiree account statement. The waiver should be traceable in both systems, including its effective date. If the amounts do not align, identify whether the difference is timing, tax treatment, or a concurrent-receipt adjustment.
Do not submit a new election based only on a general description of tax advantages. Retirement category and title 10 eligibility can materially change the result. Use the current statements and the applicable military-pay guidance for the individual account.
Does a retired-pay waiver mean giving up the entire military retirement?
Not under the text of this section. It describes waiving an amount equal to the VA pension or compensation, subject to the title 10 concurrent-receipt exception. The actual account adjustment should be verified with both agencies.
Official statutory text
38 USC § 5305
OLRC release: pl-119-108. Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 5305. Waiver of retired pay
Except as provided in section 1414 of title 10, any person who is receiving pay pursuant to any provision of law providing retired or retirement pay to persons in the Armed Forces, or as a commissioned officer of the National Oceanic and Atmospheric Administration or of the Public Health Service, and who would be eligible to receive pension or compensation under the laws administered by the Secretary if such person were not receiving such retired or retirement pay, shall be entitled to receive such pension or compensation upon the filing by such person with the department by which such retired or retirement pay is paid of a waiver of so much of such person’s retired or retirement pay as is equal in amount to such pension or compensation. To prevent duplication of payments, the department with which any such waiver is filed shall notify the Secretary of the receipt of such waiver, the amount waived, and the effective date of the reduction in retired or retirement pay.
Related references
- 38 USC § 5304: When federal law prevents duplicate benefit payments
- 38 USC § 5301: Protection of VA benefits from assignment and many creditor claims
- 38 USC § 1114: Disability Compensation and SMC in Federal Law
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