va b enefits and s ervices briefing for tribal veteran representatives
TRANSCRIPT
VA BENEFITS AND
SERVICES
Briefing for Tribal Veteran Representatives
VETERANS ADMINISTRATION
Veterans Benefits Administration All VA benefits - Compensation, Education, Home
Loan Guaranty, etc. Administered by VA Regional Offices
Veterans Health Administration All VA health care services Administered by VA Medical Centers, Ambulatory
Care & Community Based Outpatient Clinics, etc.
National Cemetery Administration National and State Veterans Cemeteries Headstones & Markers Presidential Memorial Certificates
WHAT WILL WE TALK ABOUT TODAY?
• VA – Purpose & Organization• Compensation & Pension• Education• Vocational Rehabilitation & Employment• Home Loan Guaranty• Burial & Survivor Benefits• Other Benefits & Services• Conclusion & Contacts
“To care for him who shall have borne the
battle and for his widowand his orphan…”
- Abraham Lincoln -
COMPENSATION FOR SERVICE CONNECTED DISABILITIES
A service connected disability is a disease or injury incurred in or aggravated while on Active Duty. The Disability does NOT have to be combat or wartime related.
Ladies Too!
COMPENSATION DISABILITY EXAMPLES
Torn knee ligament Hearing Loss Heart Disease Post Traumatic Stress Disorder (PTSD) Skin conditions such as psoriasis Certain types of Cancer Diabetes Traumatic Brain Injury
And the list goes on……
HOW IS COMPENSATION PAID?
Disabilities are rated from 0% to 100%
Additional dependents allowance for Veteran’s with disability ratings at 30% or more
Compensation payment is tax free
The Department of Treasury now requires that all federal beneficiaries receive their recurring/monthly benefits electronically
WHAT ARE SOME OF THE BENEFITS OF BEING SERVICE CONNECTED?
Monetary Compensation VA Health Care for all rated service
connected disabilities Vocational Rehabilitation and employment
services Up to $10,000 life insurance Federal employment preferenece VA Loan Funding Fees waived Possible State and Local benefits for Veterans
COMPENSATION HOT TOPICS !!
Individual Unemployability vs.
Permanent and Total 100% Disability
Agent Orange Exposure and related illnesses
PTSD
Gulf War Illness
Individual Unemployability
vs. 100% Permanent and
Total disability
INDIVIDUAL UNEMPLOYABILITY (IU)
What is it?
One service connected (SC)disability at
60% -or-
A combined degree of disabilities at 70% with at
least one SC disability rated at 40%
--and-
Be unable to secure or follow a substantially
gainful occupation as a result of service-
connected disabilities
Can you work?
Yes, but….Marginal employment
is not considered substantially gainful
employment.
Marginal employment is deemed to exist
when earned income does not exceed the
povertythreshold for one
person.
APPLYING FOR INDIVIDUAL UNEMPLOYABILITY
Submit a fully completed VA Form 21-8940
Veteran MUST list the service connected conditions that contribute to the veteran’s claimed inability to work.
Must list COMPLETE previous employment information; specifically providing address and contact information for said employer.
100% PERMANENT AND TOTAL (P&T)
What is it?
It has been determined that a single or
combination of SC disabilities total 100%
AND
That no future exams would be necessary
due to the unlikelihood of future improvements
Can you work?
YES. No buts…
Has NOT been rated as unable to secure and follow substantially gainful employment
May work without worry or concern of losing disability
ANCILLARY BENEFITS FOR VETERANS RATED P&T
Dental Treatment
Survivors’ and Dependents’ Educational Assistance, (Chapter 35, USC)
Commissary and Exchange Privileges
ChampVA
Student Loan Forgiveness
State and Local Benefits
PTSD RELAXED CRITERIA FOR CLAIMS
“Fear of Hostile Military or Terrorist Activity”
Relaxation of Evidentiary Standards for Establishing In-Service Stressors
No longer requires a confirmed specific stressor unless evidence to support the veteran’s “Fear” statement is not available
NEW PTSD REQUIREMENTS
VA will rely on Veteran’s lay testimony alone to establish occurrence of a stressor related to fear of hostile military or terrorist activity; provided:
1. A VA psychiatrist or psychologist, or contract equivalent, confirms that the claimed stressor is adequate to support a diagnosis of PTSD
2. The claimed stressor is consistent with the places, types, and circumstances of the Veteran’s service
3. The Veteran’s symptoms are related to the claimed stressor
WHEN THE “FEAR” CRITERIA DOES NOT APPLY
We still need: credible evidence that the claimed in-service
stressor occurred and can be verified (combat or non-combat related)
medical evidence diagnosing the condition
a link, established by medical evidence, between current symptoms and an in-service stressor.
AGENT ORANGE EXPOSURE
We do not service connect the exposure to Agent Orange or other herbicides
We do service connect illnesses associated with the exposure to Agent Orange
The Agent Orange Act of 1991, PL 102-4 presumptive disabilities
• Chronic B Cell Leukemias (recently added)• Ischemic Heart Disease (recently added)• Parkinsons Disease (recently added) • Hodgkin's disease • multiple myeloma • non-Hodgkin's lymphoma (NHL) • acute and subacute peripheral neuropathy • porphyria cutanea tarda • prostate cancer • respiratory cancers, such as cancers of the
• lung • bronchus • larynx, or • trachea
• soft-tissue sarcoma • chloracne or other acneiform disease consistent with chloracne • type 2 diabetes mellitus, and • chronic lymphocytic leukemia.
GULF WAR (GW) UNDIAGNOSED ILLNESS
Background US Military presence began in SW Asia in 1990
Operation Desert Shield and Desert Storm Currently remaining troops support Operations
Enduring Freedom and Iraqi Freedom
After initial operations, laws were enacted addressing a range of chronic disabilities reported by those who served in SW Asia (approx 25%) that do not correspond to recognized categories of diseases.
Data collected indicates that environmental hazards in SW Asia have been and continue to contribute to these disabilities.
GW ILLNESS CONT.
Defined as “Undiagnosed Illnesses”
Example of symptoms:chronic headaches, cognitive difficulties,
widespread bodily pain, unexplained fatigue, chronic diarrhea, skin rashes, respiratory problems, other abnormalities.
Also includes certain diagnosed illnesses with inconclusive etiologies such as, but not limited to:
FibromyalgiaChronic Fatigue Syndrome (CFS)Irritable Bowel Syndrome (IBS)
ELIGIBILITY REQUIREMENTS
Must have served in SW Asia anytime from 1991 to current
Qualifying chronic disability must have become manifest during active service in SW Asia theater or to at least a 10% degree no later than December 31, 2016; (will likely be extended)
Must show a chronic disability pattern for 6 months or more.
SPECIAL MONTHLY COMPENSATION
Evidence must show the following are due to your service connected disabilities: Aid and Attendance
You require aid of another for activities of daily living (ADL); eating, dressing, bathing etc. OR
Bedridden
Housebound 100% SC AND an additional condition rated at 60% OR 100% and permanently confined to your home
Spouse’s Aid and Attendance Spouse must be blind or nearly blind or in a nursing home or
requires aid of another for ADLs. Vet must be rated at 30% or more and eligibile of dependents
allowance
Loss of Use As a result of residuals of service connected disabilities such
as prostate cancer or Diabetes Mellitus Type II.
Non-Service
Connected Pension
Who Is Eligible?
Must have an other than Dishonorable discharge
AND
served 90 days or more of active duty with at least 1 day during a period of war,
AND
Have countable family income below yearly limit set by law, AND
Be permanently and totally disabled, ORage 65 or older.
HOW DOES VA PAY PENSION?
The difference between your Income for VA Purposes (IVAP) and the Maximum Annual Pension Rate (MAPR) for your situation.
Example:
$10,000 MAPR
minus
$6000 countable income (income minus deductible expenses)
= $4000.00 IVAP/12 mos. = $333.00/mo. pension payment.
Note: Certain expenses (i.e., medical expenses, education expenses, or expenses related to the last illness or burial of a dependent) paid by you are taken into consideration when
arriving at your IVAP.
NATIVE AMERICAN INCOME EXCLUSIONS FOR PENSION
Income paid to an individual Native American from trust or restricted lands Distributions made to an individual Native American out of tribal trust fund revenues held in trust by the Bureau of Indian Affairs (BIA)
= up to $2000.00/yr exclusion
FULLY DEVELOPED CLAIM (FDC) PROGRAM
Any VA Form ending in EZ; 21-526ez, 21-534ez
Expedited priority processing All evidence is submitted by the veteran or
service officer upfront Guard and Reserve veterans must submit
service treatment records (STRs) at the time of application
Exclusion reasons
COMPENSATION AND PENSIONHOW TO APPLY
ALL claims must be received on a standard prescribed VA Form for the benefit sought. www.va.gov.vaforms
The VA will no longer accept ANY claims submitted on anything other than one of the above forms, to include the VA Form 21-4138, Statement in Support of Claim
An Intent to File (ITF) Form, VA Form 21-0966 may be submitted to preserve an effective date while veteran is putting together all evidence needed for the intended claim. 1 year to submit the claim from date of receipt of the ITF.
HOW TO APPLY (CONT.)
Contact VA for the application form by calling 1-800-827-1000
Download any form from www.va.gov
Visit any VA Regional Office
Or apply on the Internet at www.ebenefits.va.gov
Where to Send Your Written Correspondence
Location of Residence Address to Send all Written Correspondence
AlabamaConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaIndianaKentuckyMaineMarylandMassachusettsMichiganMississippiNew HampshireNew JerseyNew YorkNorth Carolina
OhioPennsylvaniaRhode Island South CarolinaTennesseeVermont VirginiaWest Virginia Puerto Rico EuropeAsiaAustraliaAfricaPalauMarshall IslandsFederated States of Micronesia
Department Of Veterans AffairsEvidence Intake CenterPO BOX 4444Newnan, GA 30271-0020 Or fax your information to: Toll Free: 844-531-7818Local: 248-524-4260
AlaskaArizonaArkansasCaliforniaColoradoLouisianaHawaiiIdahoIllinoisIowa KansasOklahomaOregonMinnesotaMissouri MontanaNebraskaNevadaNew MexicoNorth Dakota
South DakotaTexas UtahWashingtonWisconsin Wyoming Canada MexicoCentral AmericaSouth AmericaThe CaribbeanThe U.S. Virgin Islands The PhilippinesAmerican SamoaGuamNorthern Mariana IslandsU.S. Virgin Islands
Department Of Veterans AffairsEvidence Intake CenterPO BOX 4444Janesville WI 53547-4444 Or fax your information to: Toll Free: 844-822-5246Local: 608-373-6690
HELPING YOUR VETERAN FILE A CLAIM.
Always use a prescribed VA form. Can be accompanied by a statement or explanation. Lay statement or medical evidence (pain vs.
diagnosis) “My Claimed condition(s) have bothered me since
service”
Use VA Form EZ form, whenever possible for expedited processing.
Submit all relevant evidence at the same time as claim; private medical records, service treatment records, DD214s, etc... If the above cant be submitted simultaneously
consider submitting an Intent to File (ITF) VA Form 21-0966 until all evidence can be obtained.
National Work Queue
Who is working your claim?
No longer restricted to one local Regional Office.
The Life of a Claim
In Processing Center (IPC)Pre DeterminationRating BoardPost Determination
Appeals(reopen or notice of disagreement?)
VA’s Three Legged Stool
www.va.gov/rcs/
Readjustment
Counseling Services
Vet Centers serve Veterans and their families by providing a continuum of quality care that adds value for Veterans, families, and communities…..
We welcome home war Veterans with honor by providing readjustment counseling in a caring manner.
Vet Centers understand and appreciate Veterans’ war experiences while assisting them and their family members toward a successful post-war adjustment in or near their community.
VET CENTER CONT…
What is the Vet Center
• A safe and protected place to talk
• Confidentiality – no stigma
• Flexible hours
• Easily accessible community- based setting
• Network knowledgeable about the resources available
• Vet Center staff are >65% combat Veterans
• Veterans serving Veterans
• All family members are welcome
• No cost….ever
What we Offer
• Individual Counseling
• Group Counseling
• Military Sexual Trauma Counseling
• Marital/Family Counseling
• Bereavement Counseling
• Drug and Alcohol Referral
• Liaison with VA and Community Resources
• Benefits Assistance Referral
• Community Education and Career Referral
VET CENTER ELIGIBILITY
Veterans, National Guard, and Reservists who served in a combat or hostile zone and received a campaign or expeditionary ribbon
Must be reflected on DD-214
Current conflict Veterans service as outreach specialists in all 50 states, the District Columbia and Puerto Rico.
Mobile Vet Center
Fifty (50) mobile Vet Centers, distributed nationally, are utilized to provide access to returning Veterans via outreach to demobilization sites, active military bases, National Guard, and Reserve locations. The vehicles also support Vet Center services to rural areas geographically distant from VA
services.
Vet Center Combat Call Center
Veterans or family members can call a national call-in service, at any time, to talk to another combat Veteran or spouse regarding any readjustment issues related to military service. The person on the other end of the call will be a Veteran or spouse who understands and values the military experience of serving in a combat zone, is trained as a Vet Center counselor, and has knowledge of VA and other resources that may assist the Veteran, spouse, or family in obtaining needed services.
Education Benefits
POST 9-11 GI BILL
At least 90 days of aggregate service on or after September 11, 2001-or- Individuals Honorably discharged with a service-connected disability after 30 days.
Up to 36 months of benefits; payable for approved training on or after August 1, 2009.
Payment determined by the length of active duty service (40% up to 100% based on length of active duty service).
Expires 15 years after last qualifying period of active duty service.
Usable for any program at an institution of higher learning (IHL) approved for MGIB-AD.
YELLOW RIBBON PROGRAM
Institutions voluntarily enter into an agreement with VA to share tuition and fee costs that exceed the tuition and fee cap of $17,500 at non-public schools and for out-of-state charges
VA matches each additional dollar that an institution contributes, up to total cost of tuition and fees.
TRANSFER OF ENTITLEMENT
Serves as a retention program for Department of Defense (DOD)
Must be member of Uniformed Services
and
Agree to serve at least from one to four additional years per rules established by DOD/Department
of Homeland Security (DHS)
For Assistance….
Visit the official VA education benefits Internet site at: www.gibill.va.gov
Click the “Ask a Question and Find Answers” link to view our “Frequently Asked Questions”, or ask a question
OR
Call VA at: 1-888-GI BILL-1 (1-888-442-4551)
Vocational Rehabilitation & Employment (VR&E)
Program Objective
VA’s Vocational Rehabilitation and Employment program’s primary function is to help active duty service members and veterans who have service-connected disabilities become suitably employed, maintain employment, or achieve independence in daily living.
Rehabilitation Plan
The following service delivery options may be provided under a Rehabilitation Plan:– Reemployment– Rapid access to employment– Employment through long term services– Independent living services– Self-employment
Eligibility to Apply
Service Members may apply with a 20% memorandum rating
Veterans may apply with a final VA disability rating of at least 10%
Have received, or will receive, an Honorable or other than dishonorable discharge
Documented service-connected disability/disabilities at 20% or more, and have an employment handicap resulting primarily from such disability.
Veterans rated as 10% disabled with a serious employment handicap.
Counseling
A counseling appointment will be set up for eligible Service Members and Veterans to accomplish the following:
– Evaluate the applicant’s interests, aptitudes, and abilities based upon testing and interviews
– Meet with a Vocational Rehabilitation Counselor to explore the applicant’s vocational goals and objectives
Eligibility Period
12-year basic period of eligibility The 12-year period begins on the latter of
these dates:
– Date of separation from active military duty
Or– Date VA first informed the Veteran of a service-
connected disability rating
VetSuccess.gov
VR&E’s comprehensive employment web site for all Veterans.
Veterans can post resumes, job search and apply for jobs.
Employers can post jobs and search resumes.
VA Home Loan Guaranty
VA Home Loan Guaranty
• Lenders make the loan and VA guarantees it
• VA guaranty usually means no down payment required of Service member or Veteran
• Service member or Veteran must qualify for loan with sufficient income and satisfactory credit
• Limitations on closing costs
• The right to prepay without penalty
• Negotiated interest rates
• Assistance with mortgage payment issues
• Buy a home
• Build a home
• Refinance existing loan
• Use only for property located in the US, its territories or possessions
• Must occupy the property as your home
VA Home Loan Guaranty
Steps to a VA Home Loan Guarantee
1. Find property to buy.2. Apply to a mortgage lender for a
loan.3. Apply for a Certificate of
Eligibility.4. Obtain a VA appraisal.5. Close the loan and move in.
How to Apply
Service Members or Veterans can obtain COE through eBenefits www.ebenefits.va.gov
OR Ask your lender to apply online through the VA Portal –
https://vip.vba.va.gov, OR
Complete and mail VA Form 26-1880 to: Atlanta Regional Loan Center Attn: COE, P.O. Box 100034
Atlanta, GA 30031
Eligibility can be restored if VA loan is paid in full and property is no longer owned by Service Member/Veteran.
Visit Loan Guarantyon the Internet at:
www.homeloans.va.gov
MORE INFORMATION?
BurialBenefits
Burial Benefits
• National Cemeteries
• State Veterans Cemeteries
• Headstone or Marker
• Burial Flag
• Presidential Memorial
Certificates
• Burial Cost Reimbursement
Burial Benefits - (continued)
Eligibility• Veteran, spouse, and dependent
children• Veteran defined:
Other than dishonorable discharge Active duty service, not including
Reserve active duty for training Retirement eligible Reserve and
National Guard members
Burial Benefits - (continued)
Headstone or Marker
• In National/State Veterans Cemeteries for all eligible persons
• Provided for private cemetery burials anywhere in the world for veterans only
Burial Benefits
Other• Burial Flag – to drape coffin or
urn, and given to next of kin• Funeral Honors – Flag folding
and playing of Taps• Presidential Memorial
Certificates – available to family and other loved ones
Burial BenefitsOther- (continued)
• Burial Cost Reimbursement
Service-Connected Death: up to $2,000
Non Service-Connected Death (limited entitlement): Up to $722 toward burial and funeral expenses, and $722 plot allowance when burial is in a cemetery not under U.S. government jurisdiction
Survivor Benefits
Dependency & Indemnity Compensation (DIC)
Monthly tax-free benefit paid to the surviving spouse of a serviceperson who died while on active duty, or veteran who died due to service-related condition
Survivor’s Pension If not entitled to DIC Income-based benefit For surviving spouse For dependent children in certain
situations Veteran must have had at least
one day of war-time service
Education & Training(DEA)
Spouse, surviving spouse, and children of a veteran may be entitled to Survivors’ & Dependents’ Educational Assistance (Chapter 35, U.S. Code)
Education & Training(continued)
Veteran must:• have died while on active
duty, or• be totally & permanently
disabled because of a service-related condition(s), or
• have died of any cause while such service-related disability existed, or
• Un-remarried surviving spouse of a service member who died on active duty
• Un-remarried surviving spouse of a veteran whose death was service-related
• Spouse of a service person missing in action or prisoner of war
Home Loan GuarantyEntitled
Surviving spouse may be entitled to non-VA benefits and services
• Preference in Federal employment (the mother of a deceased service member is also entitled)
• State and local benefits and services
• Military commissary and exchange privileges
OtherBenefits and
Services
VA Fiduciary Program• VA will appoint a fiduciary (third party
payee) for any VA beneficiary who is a minor, or adult who is found to be unable to manage his/her own financial affairs (incompetent)
• Incompetency is determined by the Court, or by VA disability rating
• VA supervises the fiduciary to ensure that the beneficiary is protected
VA on the Internet eBenefits
www.ebenefits.va.gov
VA Home Page
www.va.gov
Returning Service members
www.oefoif.va.gov
VA on Facebook
www.facebook.com/VeteransAffairs
VA on Twitter
www.twitter.com/DeptVetAffairs
Phone VAFor benefits informationand assistancecall toll-free
1 (800) 827-1000TDD #711
QUESTIONS?______________________________
CONTACT INFORMATION
CHRISTINA R. WHITEVETERANS BENEFITS ADMINISTRATIONPO BOX 188FT. HARRISON, MT [email protected]
MEDICAL ELIGIBILITY OR OTHER HOSPITAL/HEALTHCARE QUESTIONS, PLEASE CONTACT:
FT. HARRISON VA MEDICAL CENTER 406-442-6410 ASK FOR THE PATIENT BUSINESS OFFICE
ON BEHALF OF THE DEPARTMENT OF VETERANS AFFAIRS, I WOULD LIKE TO THANK YOU FOR ALLOWING ME TO SPEAK WITH YOU TODAY.