Department
Service Officer Newsletter
Volume
2, Issue 1
January 2007
Department
Service Office Business Hours:
The Department Service Office will be open each Monday through Friday from 8:00
AM until 4:00 PM. Appointments are not necessary for visits. You may
contact the Department Service Office by calling (603) 222-5784, faxing (603)
222-5787; or by using the following e-mail address:
§
New American Legion Heroes to
Hometowns (H2HT) Contact at the Pentagon:
By now, most Legion members
know about the Legion’s Heroes to Hometowns program in which local posts
organize community welcome home ceremonies and community assistance activities
to help recently discharged seriously disabled veterans reintegrate into
civilian life. Essentially, post officials are ask to arrange
events and community cooperation agreements long before receiving notice of a
returning seriously disabled veteran, then put the program into action whenever
the Pentagon Legion contact notifies the local post of a seriously disabled
veteran returning to the their community. The Legion’s new Pentagon contact
information is as follows: Scott Sundsvold; The American Legion, Heroes to
Hometowns Liaison, Military Severely Injured Center (Pentagon): legion.h2h@itc.dod.mil;
703-692-2054. Post should contact Mr. Sundsvold and let him know when
their H2HT program is ready.
§
Heroes to Hometowns (H2H)
Program:
We
have previously published several articles explaining how individual posts may
want to accept responsibility for setting up and organizing local H2H programs.
As noted before, the purpose of the H2H program is to help seriously injured
recently discharged servicemen and women reintegrate into the local community.
Post commanders are asked to register their H2H program with the Department
Service Office (603-222-5784) so we may help coordinate referrals from our
National Headquarters.
More information on the
Heroes to Hometowns program is available at:
http://www.legion.org/?content=heros2hometown.
§
VA Performance Standards vs.
Quality:
A
September 20, 2006 American Legion Bulletin brought out some interesting facts
about Department of Veterans Affairs (VA) Performance Standards. The Bulletin
states: “The emphasis on production continues to be a driving force in the VA
regional office, often taking priority over such things as training and quality
assurance. Performance standards of adjudicators and rating specialist are
centered on productivity as measured by work credits, known as ‘End
Products.’ Both veteran service representatives (VSRs) and rating veteran
service representatives (RVSRs) have minimum national productivity requirements
that must be met each day. Some stations also set their own standards, based on
their claims backlog and other station specific requirements that are over and
above the national requirement. Unfortunately, the end product work measurement
system essentially pits the interests of the claimant against the needs of VA
managers. The conflict is created because the regional offices have a vested
interest in adjudicating as many claims as possible in the shortest amount of
time. This creates a built-in incentive to take shortcuts so that the End
Product can be taken. The system, in effect, rewards regional offices for the
gross amount of work they report, not whether the work is done accurately or
correctly, often resulting in many claims being prematurely adjudicated…The
result has been a traditionally high remand rate by the Board of Veterans
Appeals’ (BVA) and the U.S. Court of Appeals for Veterans Claims (CAVC).
The BVA’s combined remand and reversal rate (59.4 percent) for Fiscal Year 2005
is arguably a direct reflection of the greater emphasis placed on production
over training and quality assurance.”
The
Bulletin recording The American Legion’s statement before Subcommittee on
Disability Assistance and Memorial Affairs Committee on Veterans’ Affairs
United States House of Representatives goes on to state: “It seems to The
American Legion VBA (VA’s Veterans Benefits Administration) management has been
reluctant to establish a rigorous quality assurance program to avoid exposing
the longstanding history of the manipulation of workload data and policies that
contribute to poor quality decision-making and the high volume of appeals.” Until
this problem is resolved, if ever, VA claimants are encouraged to appeal any VA
decision the claimant perceives unfair.
§
Additional Compensation Benefits
Available for Former Prisoners of War: For purposes of disability
compensation, Congress has recognized that certain diseases are associated with
Former POW's captivity. These are called presumptive medical
conditions, and if a former POW is diagnosed as having one or more of these
conditions to a degree of 10% disabling, VA presumes that it is associated with
the POW experience. The presumption of association is made for
seven conditions regardless of the length of captivity:
·
Psychosis
·
Dysthymic disorder, or depressive neurosis
·
Post-traumatic osteoarthritis
·
Any of the Anxiety States
·
Cold Injury
·
Stroke and complications
·
Heart Disease and complications
If
a former POW was interned for 30 days or more, the following additional
diseases are presumed to be service-connected:
·
Avitaminosis
·
Chronic Dysentery
·
Helminthiasis
·
Malnutrition, including
associated Optic Atrophy deficiency
·
Peptic Ulcer Disease
·
Beriberi
·
Cirrhosis of the Liver
·
Irritable Bowel Syndrome
·
Pellagra and any other
nutritional deficiency
·
Peripheral Neuropathy,
except where directly related to infectious causes
Extended Healthcare Eligibility
for Former Prisoners of War:
The VA health care system
affords priority treatment for former POWs. Former POWs who have a
service–connected disability are eligible for VA health care. This includes
hospital, nursing home, and outpatient treatment. Former POWs need not have a service-connected
disability to be eligible for VA hospital and nursing home care – without
regard to their ability to pay. They are also eligible for outpatient
care on a priority basis – second only to veterans with service-connected
disabilities. While former POWs are receiving treatment in an approved
outpatient treatment program, they are eligible for needed medicines, glasses,
hearing aids, or prostheses. Former POWs are also eligible for all needed
dental care. There is no co-payment requirement for former POWs at VA
pharmacies.
Extended Benefits for Survivors
of Former Prisoners of War:
The major benefit is Dependency and Indemnity Compensation (DIC) which is a
monthly benefit payable to the surviving spouse (and the former POW’s children
and parents in some cases) when the former POW:
·
Was a service member who
died on active duty; or
·
Died from service-related
disabilities; or
·
Died on or before September
30, 1999 and was continuously rated totally disabled for a service connected
condition (including individual unemployability) for at least 10 years
immediately preceding death; or
·
Died after
September 30, 1999, and was continuously rated totally disabled for a
service-connected condition (including individual unemployability) for at least
1 year immediately preceding death. .
DIC
is terminated for a surviving spouse who remarries, but can be resumed if the
remarriage ends in death, divorce, or annulment. However, a surviving
spouse who remarries on or after attaining age 57, and on or after December 16,
2003, can continue to receive DIC.
(The words in italics note the extended part of
DIC regulation concerning POWs.)
Former Prisoners of War Claims
Filing Contacts:
Indianapolis VA
Regional Office coordinator for former POWs, Bill Young, provided the Former
POW benefits information within this article. Bill can be reached at Bill Young
at (317) 916-3444. Each VA medical Center also has a POW coordinator. Former
POWs and their survivors may receive claims filing assistance and advised by
contacting their local county veterans service officer or The American Legion
Department Service Office.
§
Blue Water Navy Veterans Update:
On 16 AUG 06, the U.S.
Court of Appeals for Veterans' Claims (CAVC) in the case of Haas v.
VADC-Nicholson determined that Vietnam veterans who served in the waters off
Vietnam and did not set foot in Vietnam are entitled to a presumption of
exposure to herbicide agents, to include Agent Orange. This class of
veterans is generally known as blue water Navy veterans; but any claim,
regardless of branch of service, may be a Haas case. Prior to this
decision, VA’s interpretation of 38 CFR 3.307(a)(6)(iii) was that a service
member had to have actually set foot on Vietnamese soil or served on a craft in
its rivers (also known as brown water) in order to be entitled to the
presumption of exposure to herbicides. Specifically, the Court held the
following:
The
reference to service in
VA’s
regulation defining Vietnam service for purposes of granting the presumption of
exposure to herbicides is ambiguous when viewed together with 38 CFR 3.313,
which also defines service in Vietnam. The Court pointed to the use of
different conjunctions as well as the differing placement of a comma in each
regulation to prove the ambiguity and observed that VA had merely replaced
legislative ambiguity with regulatory ambiguity.
Because
of its determination that ambiguity was present, the Court looked to a
procedural manual (M21-1) provision from 1991 that stated that possession of a
Vietnam Service Medal (VSM) would be conceded as proof of Vietnam service in
the absence of contradictory evidence. The Court held this to be a
substantive rule establishing entitlement to the presumption of exposure to
herbicides. It held that VA’s attempted rescissions of that M21-1
provision were void because they failed to comply with the notice and comment
requirements of the Administrative Procedures Act (APA). The Court also
held that within the meaning of VA’s manual provisions: (1) proof that a veteran
had blue water service without setting foot on mainland
VA
has appealed the Haas decision to the U.S. Court of Appeals for the Federal
Circuit. The VA director subsequently issued a letter that provides
interim procedures for controlling claims affected by the CAVC decision. Regional
offices have been directed that claims with Haas issues will not be adjudicated
until this litigation is resolved but will be acknowledged upon receipt with
specific language approved by the Office of General Counsel and controlled as
indicated in this letter. Among other things it provides general answers
to typical questions VA employees may receive during interviews or when
answering telephones. The primary one is, “We have received your claim
for (insert the disability) based upon claimed herbicide exposure. Your
claim may be affected by recent judicial action by the Court of Appeals for
Veterans Claims in Haas v. Nicholson. VA has appealed that action to the
Federal Circuit. We must await the outcome of that appeal and receive
guidance from the Department of Veterans Affairs General Counsel prior to
taking further action on your claim. We will advise you further when we
receive guidance.”
The
Secretary’s brief is due to be filed in the Haas appeal on 8 JAN 07. The
National Veterans Legal Services (who are representing Hass) brief will be due
to be filed 40 days after the Secretary’s brief is served on NVLSP. The
Secretary then may file a reply brief 14 days after that. Thus, the briefing
will likely be completed by early March, but there is a small possibility that
either party may ask for, and be granted, extensions for those filings. The
Court will then likely schedule oral argument and, after it hears the argument,
issue a decision. The decision will likely be issued several months after the
oral argument and will be posted on the NVLSP website www.nvlsp.org.
Questions should be submitted to Richard V. Spataro, Staff Attorney, National
Veterans Legal Services Program, 1600 K Street, NW, Suite 500, Washington, DC
20006-2833 [Source: www.vawatchdog.org
14 Dec 06 ++]
§
VA PRESCRIPTION POLICY UPDATE:
The Department of Veterans Affairs is helping some veterans get generic
prescriptions for half the VA price. Veterans in health care priority
categories 4 through 8 normally must make an $8 co-pay for drugs from the VA
that might be available at the $4 rate being offered by Wal-Mart Stores Inc.,
and Target Corp. VA deputy undersecretary William Feeley has told VA providers
they can write prescriptions that can be filled at any private-sector pharmacy.
They cannot transfer the veterans’ prescriptions directly to a private-sector
pharmacy, but they can write new prescriptions if they meet state requirements
and cancel existing VA prescriptions.
§
VA Extends Presumptive Period
for Compensation for Gulf War Undiagnosed Illness:
VA issued an interim final rule, effective December 18, 2006, extending the
current presumptive period, which was set to expire at the end of year 2006, to
December 31, 2011, for compensation for disabilities resulting from undiagnosed
illnesses suffered by veterans who served in the Persian Gulf War. More than 16
years have passed since the 1991 Gulf War and major questions regarding the
etiology of the chronic unexplained multi-symptom illnesses suffered by
thousands of Gulf War veterans remain unanswered; research is ongoing.
Moreover; neither Congress nor the President have established an end date for
the Gulf War, and Southwest Asia Theater of operations continue. (Resource,
American Legion bulletin, 32-06, December 19, 2006)
§
VA Reaches out to Veterans and Spouse’s
“Aid and Attendance” an Under-Used Benefit:
The
Department of Veterans Affairs (VA) is reaching out to inform wartime veterans
and surviving spouses of deceased wartime veterans about an under-used, special
monthly pension benefit called Aid and Attendance.
“Veterans
have earned this benefit by their service to our nation,” said Secretary of
Veterans Affairs Jim Nicholson. “We want to ensure that every veteran or
surviving spouse who qualifies has the chance to apply.”
Although
this is not a new program, not everyone is aware of his or her potential
eligibility. The Aid and Attendance pension benefit may be available to
wartime veterans and surviving spouses who have in-home care or who live in
nursing-homes or assisted-living facilities.
Many
elderly veterans and surviving spouses whose incomes are above the
congressionally mandated legal limit for a VA pension may still be eligible for
the special monthly Aid and Attendance benefit if they have large medical
expenses, including nursing home expenses, for which they do not receive
reimbursement.
To
qualify, claimants must be incapable of self support and in need of regular
personal assistance.
The
basic criteria for the Aid and Attendance benefit include the inability to feed
oneself, to dress and undress without assistance, or to take care of one’s own
bodily needs. People who are bedridden or need help to adjust special
prosthetic or orthopedic devices may also be eligible, as well as those who
have a physical or mental injury or illness that requires regular assistance to
protect them from hazards or dangers in their daily environment.
For
a wartime veteran or surviving spouse to qualify for this special monthly
pension, the veteran must have served at least 90 days of active military
service, one day of which was during a period of war, and be discharged under
conditions other than dishonorable.
Wartime
veterans who entered active duty on or after September 8, 1980, (October 16,
1981, for officers) must have completed at least 24 continuous months of
military service or the period for which they were ordered to active duty.
If
all requirements are met, VA determines eligibility for the Aid and Attendance
benefit by adjusting for un-reimbursed medical expenses from the veteran’s or
surviving spouse’s total household income. If the remaining income amount
falls below the annual income threshold for the Aid and Attendance benefit, VA
pays the difference between the claimant’s household income and the Aid and
Attendance threshold.
The
Aid and Attendance income threshold for a veteran without dependents is now
$18,234 annually. The threshold increases to $21,615 if a veteran has one
dependent, and by $1,866 for each additional dependent. The annual Aid
and Attendance threshold for a surviving spouse alone is $11,715. This
threshold increases to $13,976 if there is one dependent child, and by $1,866
for each additional child.
Additional
information and assistance in applying for the Aid and Attendance benefit may
be obtained by calling 1-800-827-1000. Applications may be submitted
on-line at:
www.vabenefits.vba.va.gov/vonapp/main.asp/
Information
is also available on the Internet at http://www.va.gov/ or from any local veterans
service organization.
§
Global War on Terrorism Bonus:
Bonus of $100 for those with active service of 90 days or more between August
5, 1964, and August 15, 1973, or those who served in Vietnam between July 1,
1958, and August 5, 1964, and earned the Vietnam Service Medal or the Armed
Forces Expeditionary Medal. Must have been a bona fide resident of
Persian
Gulf War Bonus of $100. Each person who actively served as a member of the
armed forces of the United States between August 2, 1990, and November 30,
1995, and who earned the Southwest Asia Service Medal, and who was discharged,
released or has a certificate of service there from, under honorable
conditions, and who at the time of entry on such service, and at the time of
such service was a bona fide resident of this state shall be entitled to a $100
bonus. However, no individual who has received a Persian Gulf War Bonus payment
from another state shall be qualified to receive the NH bonus. Program expires
August 31, 2002, but there are provisions that allow for acceptance of
applications after that date. (See RSA 115-A:9).
Global
War on Terrorism Operations Service Bonus of $100. Each person who actively
served in any capacity as a member of the uniformed services of the United
States on or after September 11, 2001 and on or before a date to be determined
by the Secretary of Defense, and who earned the Global War on Terrorism
Expeditionary Medal or Afghanistan Campaign, or Iraq Campaign Medal; and who
was discharged, released or has a certificate of service there from, with an
honorable discharge, or who is missing in action or who was killed in action;
and who at the time of entry on such active service, and at the time of such
service was a bona fide resident of this state shall be entitled to the
benefits provided under this subdivision. Program ends on June 11, 2009, but
there are provisions that allow for acceptance of applications after that date.
(See RSA
115-A:16). For questions concerning these benefits, please contact the
Department Service Officer or State Veterans Council at 275 Chestnut Street
Room 517, Manchester, NH 03103-2411 or telephone (603) 624-9230 or
1-800-622-9230 (in state only).
§
National Registry of Veterans
with Amyotrophic Lateral Sclerosis (ALS):
The Department of Veterans Affairs (VA)
is developing a nationwide registry of veterans who have ALS, or Lou Gehrig's
disease. The goal of this registry is to collect important information for
studies on the causes of ALS in veterans. In addition, the registry will provide
a way for the VA to inform veterans with ALS about clinical trials and other
studies for which they may be eligible.
The ALS registry is also developing a DNA bank. The DNA Bank will
involve the collection and storage of DNA and plasma from blood samples
provided by registry participants. The samples will be available for studies
that examine genetic factors associated with ALS. ALS researchers will be able
to request access to the DNA samples in this bank, as well as the clinical data
that have been collected from participants.
All veterans who have been diagnosed with ALS, or their friends or
family members, are encouraged call 1-877-DIAL-ALS (1-877-342-5257) or email ALS@med.va.gov for more information. Additional
information about the registry can also be found at the following website:
http://www.va.gov/durham/alsregistry.asp.
§
Money for Child Care for Reserve
Families:
Army Reserve families will receive a minimum of $100 per child per
month towards their child care costs when they begin participating in the Child
& Youth Services child care programs. Some families may qualify for more
money based on their individual situation. To apply, visit the National
Association of Child Care Resource and Referral Agencies (NCCRRA) website at
http://www.naccrra.org. NCCRRA and DOD also offer child care services to severely
injured service members in locations across the
§
Some Families due Retroactive
Payments:
The
National Defense Authorization Act 2006 increased the amount of death benefits
paid to beneficiaries of all deceased active duty Service-members. The amount
has been increased for the Service-members Life Insurance (SGLI) from $250,000
to $400,000 and the death Gratuity from $12,000 to $100,000. If you suffered
the loss of a loved one between October 7 2001 and December 31, 2006, you may
be eligible for a retroactive death payment. For additional information contact
the
§
TRICARE Expands Healthcare
Benefit:
The
expansion of TRICARE Reserve Select by Congress earlier this year allows all
qualified members of the selected Reserve to purchase health care coverage.
Tier 2 and Tier 3 coverage began Oct. 1, 2006 for members whose request form
and premium is postmarked or submitted to a
TRICARE Prime Portability:
When you move to a new TRICARE region where Prime is available, you do not have
to change your TRICARE Prime coverage. However, you must transfer your
enrollment to the new regional contractor and select a new primary care manager
to avoid expensive point-of-service charges and interruption of coverage.
In addition, when you move, you must update your address in the Defense Eligibility
Enrollment Reporting System (DEERS) as soon as possible. You can update
DEERS online at http://www.dmdc.osd.mil/rsl/owa/home.
TRICARE Eligibility for
Newborns, Adoptee's:
It
is important to register newborns and adoptee's in DEERS to establish TRICARE
eligibility and avoid potential claims problems. It is important for you to
apply for your child’s social security number at the Social Security
Administration Website at http://www.ssa.gov
or by calling (800) 772-1213. Once you receive your child’s social
security number, visit your nearest identification (ID) card-issuing facility
to update their DEERS information. For more information on newborn or adoptee
DEERS registration, contact your military personnel office, uniformed service
ID card-issuing facility, or call (800) 538-9552. A list of ID card
facilities is available at http://www.dmdc.osd.mil/rsl/owa/home.
DEERS eligibility information is also available on the TRICARE website at http://www.tricare.osd.mil/deers/default.cfm
New TRICARE Standard Handbook
Released:
TRICARE officials are making a handbook available to all beneficiaries covered
under TRICARE Standard. This new manual goes into much greater detail than the
old booklet. Although the handbook is full of useful data from what's covered
to how to file a claim, it does not include cost information. Beneficiaries may
ask for copies of the TRICARE Standard handbook or the summary of beneficiary
costs flyer from their regional contractors or from a local
Basic
information on TRICARE Standard is available at http://www.tricare.osd.mil/Factsheets/viewfactsheet.cfm?id=318.
Reactivated? Don’t Lose Your
TRICARE Prime Coverage: The families of National
Guardsmen and Reservists enrolled in TRICARE Prime under the Transitional
Assistance Management Program (TAMP) are automatically switched to TRICARE
Standard when their sponsors are recalled to active duty. But new rules allow
them to keep their Prime coverage when they re-enroll up to 30 days after the
sponsor’s activation. The new policy authorizes a 30-day retroactive TRICARE
Prime enrollment period for transitioning family members. As long as the family
gets reenrolled in TRICARE Prime within 30 days of the member’s reactivation,
Prime coverage remains unchanged, with coverage back to the date the sponsor
was recalled to active duty.
A
TAMP fact sheet explains details of this policy, at http://www.tricare.osd.mil/Factsheets/viewfactsheet.cfm?id=317.
§
VA Services for Veterans of
Operation Iraqi Freedom and Operation Enduring Freedom:
The
Department of Veterans Affairs (VA) and the Department of Defense (DOD)
continue their partnership to meet the needs of our newest veterans – the men
and women who served in Operation Iraqi Freedom and Operation Enduring Freedom
(OIF/OEF) – by assisting them with a smooth transition from active duty to
civilian life.
VA’s
goal is to ensure that every seriously injured or ill serviceman and woman
returning from combat receives priority consideration and world-class
service. Together VA and DOD are finding ways to move records more
efficiently between the two agencies; share critical medical information
electronically; protect the health of troops stationed in areas where environmental
hazards pose a threat; process benefits claims quickly and efficiently; and, in
every way possible, hold open the doors to an uncomplicated passage from
soldier to citizen.
Benefits and Services:
Active-duty personnel, and Reservist or National Guard members who serve in a
theater of combat operations are eligible for hospital care, medical services,
and nursing home care for injuries or illnesses they believe are related to
combat service for a period up to two years beginning on the date of discharge or
release from service. This two-year eligibility for medical care is
available even if there is insufficient medical evidence to conclude that the
veteran’s illness is the result of combat service. At the end of the
two-year period, these veterans can continue to receive free health care for
injuries and illnesses officially connected to military service.
In
addition to health care, VA offers a spectrum of programs for veterans,
including disability compensation, vocational rehabilitation, prosthetic services,
life insurance, pension, education benefits, specially adapted housing and
automobile grants, and survivor and burial benefits. Many VA services are
provided at a higher priority or on an expedited basis for this newest
generation of combat-disabled veterans. VA programs for veterans with a
service-connected injury or illness apply equally to those who served in the
regular active duty forces and to National Guard members or reservists
returning from federal activation.
Seamless Transition – 2/2/2/2
VA Outreach:
In an effort to assist wounded military members and their families, VA placed
benefits counselors and social workers at key military hospitals where severely
wounded service members from
Currently,
six staff members are assigned
full-time to work with patients at both the
Similar
teams work with patients, discharge planners, and other military staff at six
other key DOD medical centers caring for seriously injured troops:
Eisenhower Army Medical Center, Ft. Gordon (Ga.); Brooke Army Medical Center,
Ft. Sam Houston (Texas); Madigan Army Medical Center at Western Regional
Medical Command, Tacoma (Wash.), Darnall Army Medical Center at Ft. Hood
(Texas); Evans Army Hospital at Ft. Carson (Colorado); and Camp Pendleton Naval
Medical Center in San Diego, (Calif.).
Throughout
the nation, VA officials identify service members from
Military Services Briefings:
Military Services Briefings
are designed to ensure that service-members are aware of their VA benefits and
to provide assistance as needed. Briefings include separation and
retirement seminars, pre- and post-deployment briefings as well as the formal
Transition Assistance Program. For those leaving active duty due to medical
problems, the outreach effort is intensified to ensure a full understanding of
the VA compensation process and vocational rehabilitation and employment
programs.
Generally
briefings range from one to three hours; however, the formal TAP workshop is a
three-day seminar conducted by VA, DOD and the Department of Labor at military
installations for personnel within 90 days of separation. It provides a
number of services to assist military personnel in making a smooth transition
to civilian life. All military services briefings cover the full range of
benefits administered by VA including compensation, education, vocational
rehabilitation and employment, health care, insurance and more.
Seamless Transition
– 3/3/3/3
Benefits Delivery at Discharge:
A joint VA-DoD initiative
is helping personnel file for and receive service-connected disability
compensation benefits more quickly than in the past. The goal is to
adjudicate claims within 30 days of discharge by examining service members as
part of the discharge process. By comparison, VA's national average
processing time is 163 days for claims requiring a disability rating.
In the Benefits Delivery at
Discharge program, the medical information needed to begin the VA claims
process carries over from DOD to VA seamlessly. In addition, if a service
member is found to be disabled,
additional applicable
vocational and employment services may be quickly initiated.
Additional Resources:
VA
has brochures and other information for veterans of Operation Iraqi Freedom and
Operation Enduring Freedom available on the Web:
Veterans
Benefits
Information
http://www.vba.va.gov/
Information for Iraqi Freedom
Veterans
http://www.va.gov/gulfwar/
Afghanistan Service
Information
http://www.va.gov/environagents/
PTSD and Iraq
Veterans
http://www.ncptsd.org/topics/war.html/
VA Health Care Enrollment
Information
Brochures and Publications, Including: (A Summary of VA Benefits for National Guard
and Reserve Personnel, * Health Care and Assistance for
http://www.vethealth.cio.med.va.gov/Pubs/Index.htm/
http://vabenefits.vba.va.gov/vonapp/
Online Benefits Applications (Women Veterans Health and Benefits
Information)
http://www.vba.va.gov/bln/21/Topics/Women/
§
VA Benefits for Survivors of Military Personnel
Involved in Operations Iraqi Freedom and Enduring Freedom:
The
Department of Veterans Affairs (VA) has a variety of programs to assist the
survivors of military personnel who die on active duty. These provisions
also apply to those serving on active duty outside of the combat theater.
Summary of Benefits:
Survivors
receive certain payments or benefits regardless of whether the in-service death
is due to combat, accident or disease, including:
·
Burial benefits for the
deceased service member, which include a gravesite in any VA national cemetery
with available space, perpetual care of the grave at no cost to the family, a
government headstone or marker, and a Presidential Memorial Certificate.
·
Dependency and Indemnity
Compensation at the monthly rate of $993 for a surviving spouse or more if
there are dependent children.
·
Life insurance, which most
military members carry at the highest level, $250,000.
More information about how
VA services apply in individual cases is available from veterans services
representatives at 800-827-1000.
Casualty Assistance Program:
VA
has a Casualty Assistance Program to give personal attention to surviving
family members after in-service deaths, and to help them with benefit
information and applications. A casualty assistance officer is designated
at each of VA's 57 regional offices. These VA officers work closely with
military casualty officers to ensure timely assistance is available to
beneficiaries.
Reservists and National Guard
Eligibility:
When a member of the
Reserves or National Guard dies while federally activated or on inactive duty
for training, the death is considered service-connected for VA death
benefits. Activation of a National Guard unit by a governor alone in
support of current security operations does not qualify unit members for these
VA benefits, except life insurance.
VA Benefits for
Survivors 2/2/2
Monthly Payments for Spouse and
Children:
When a service member dies
while on active duty, the death is considered service-connected unless it was
due to willful misconduct. VA pays at least $993 a month in Dependency
and Indemnity Compensation (DIC) to surviving spouses. In most cases,
survivors' claims are processed within 48 hours.
In
some cases VA can pay more than $993 a month, such as a $247 benefit for each
dependent child who is unmarried and under age 18, or up to age 23 if studying
at a VA-approved school. Also, for a surviving spouse who has one or more
dependent children below age 18, an additional $250 is added to the monthly DIC
from the date DIC entitlement begins. This additional amount is removed
at the end of two years following the date DIC entitlement began or earlier if
all the dependent children attain age 18.
Payments
are increased if the surviving spouse is housebound or needs a home aide.
The basic rate for survivors is adjusted annually and payments continue
generally until the death or remarriage of the spouse before age 57.
Remarriage after age 57 does not affect benefits. Additional information
about benefits for family members, to include low-income parents of the
veteran, is available at http://www.vba.va.gov/bln/dependents/.
As
of January 2005, VA has provided DIC benefits to 865 surviving family members
of those killed in Operation Iraqi Freedom and 108 family members where the
servicemember was killed in Operation Enduring Freedom. Benefit
recipients include spouses, children and in some cases, parents of the servicemember.
Life Insurance:
Most service-members and
reservists take VA's life insurance coverage, Service-members' Group Life
Insurance, though a few decline coverage. Most choose coverage at the
highest levels and their designated beneficiary receives a payment of
$250,000. VA has paid every claim related to Operations Iraqi Freedom and
Enduring Freedom within 48 hours of receiving the necessary paperwork. VA
also offers beneficiaries free, personalized financial planning through a
financial services company.
As
of February 2005, VA had received from the service branches notice of 1,409
Operation Iraqi Freedom casualties who had life insurance coverage.
Insurance payments have been made to 1,772 survivors, as a servicemember may
designate more than one beneficiary. Some additional payments were
awaiting beneficiaries' completion of their claims. Of some 155
casualties of Operation Enduring Freedom, 210 beneficiaries have been paid life
insurance benefits.
VA Benefits for
Survivors 3/3/3
VA's experience with these
casualties shows that only 10 (less than one percent) had no coverage.
While 31 service-members had opted for less than the maximum coverage amount,
23 of those were for $100,000 or more.
More
information about insurance benefits is available at www.insurance.va.gov.
Burial in a VA
As of January 2005, there
have been 190 service-members who died in Operation Iraqi Freedom interred in
VA national cemeteries as well as 10 who died in Operation Enduring Freedom.
Burial in a
Burial in a
Military Funeral Honors:
Upon request, the
Department of Defense will provide military funeral honors. This
arrangement typically is made by the funeral director. At least two
uniformed service-members fold and present the flag and play "Taps"
by a recording or a bugler. Additional information about funeral honors
is available at http://www.militaryfuneralhonors.osd.mil.
Military Burial Flags:
In the case of in-service deaths, the Defense Department provides a
HealthCare:
Health care benefits for
the survivors of service-members killed in action in Operations Iraqi Freedom or
Enduring Freedom are provided by the military. For more information, see http://www.tricare.osd.mil.
VA Benefits for
Survivors 4/4/4
Educational Assistance:
When an active-duty
servicemember dies in service, VA's Survivors' and Dependents' Educational
Assistance Program generally provides up to 45 months of education benefits to
the un-remarried surviving spouse for 20 years, or for children aged 18 to
26. Currently the rate is $803 a month for full-time attendance, with
lesser amounts for part-time education. This benefit may be used to
pursue secondary school programs; associate, bachelor or graduate degrees;
technical or vocational training; apprenticeships; and other types of training,
including work-study programs. More information is available at:
http://www.gibill.va.gov/pamphlets/CH35/CH35_Pamphlet_General.htm.
Refund of Service-member's Unused GI Bill Contribution:
If the deceased servicemember had contributed to the
Montgomery GI Bill education program, the designated life insurance beneficiary
or surviving spouse is entitled to a refund of the money that was collected
through payroll deduction but was not awarded in education benefits during the
service-member's lifetime. Most active-duty military members participate
in this educational benefit program, which deducts $1,200 from their pay at
$100 monthly during their first year of service.
Home Loans:
Surviving spouses of
military members may be eligible for a VA-guaranteed home loan from a private
lender. The loan may be used to purchase, construct or improve a home, to
refinance an existing mortgage or for certain other purposes. As with the
program for veterans, VA guarantees part of the total loan, permitting the
purchaser to obtain a mortgage with a competitive interest rate. Except
for manufactured homes and other select cases, the surviving spouse may obtain
a no-down payment loan if the lender agrees.
Presidential Memorial
Certificate Program:
The service-member's next
of kin receives a Presidential Memorial Certificate. Additional
certificates are available for other loved ones upon request to VA. The
gold embossed parchment-style paper is inscribed with the service-member's name
and bears the president's signature. It expresses the nation's gratitude
for the deceased person's military service.
People wishing to receive
e-mail from VA with the latest news releases and updated fact sheets can
subscribe at the following Internet address: http://www.va.gov/opa/pressrel/opalist_listserv.cfm.
§
American Legion’s Family Support
Network:
The American Legion’s Family Support Network stands assists military families
while service-members serve overseas with such chores as grocery shopping,
childcare, lawn care, fixing the family car and countless other challenges to a
military spouse. Family members can call toll-free 1-800-504-4098, complete the
electronic request Form at http://web50.military.com/cgi-bin/outlog.cgi?url=http%3A//www.legion.org/activeduty/index.php%3Fcontent%3Dassistance_request&code=mrtxt2
or e-mail mailto:familysupport@legion.org
to ask for assistance. Provide details of the need, and local, volunteer
American Legion members will contact your family to determine if and how
assistance can be provided.
For
more information, or to join The American Legion; go to:
http://web50.military.com/cgi-bin/outlog.cgi?url=http%3A//www.legion.org/join&code=mrtxt3
§
Social Security - Special Extra
Earnings for Military Service:
Under certain circumstances, special extra earnings for your military service
from 1940 through 2001 can be credited to your record for Social Security
purposes. These extra earnings may help you qualify for Social Security or
increase the amount of your Social Security benefit.
Special extra earnings are
granted for periods of active duty or active duty for training. Special extra
earnings are not granted for inactive duty
training.
Note: Social Security cannot add
these extra earnings to your record until you file for Social Security
benefits.
How You Get
Credit for Special Extra Earnings:
The
information that follows applies only to active
duty military service earnings from 1940
through 2001. Here's how the special extra earnings are credited:
Service In 1978 through 2001:
For every $300 in active duty basic pay, you are credited with an additional
$100 in earnings up to a maximum of $1,200 a year. If you enlisted after
September 7, 1980, and didn't complete at least 24 months of active duty or your
full tour, you may not be able to receive the additional earnings. Check with
Social Security for details.
Service in 1957 through 1977:
You
are credited with $300 in additional earnings for each calendar quarter in
which you received active duty basic pay.
Service in 1940 through 1956:
If
you were in the military during this period, including attendance at a service
academy, you did not pay Social Security taxes. However, your Social Security record may be credited with
$160 a month in earnings for military service from September 16, 1940, through
December 31, 1956, under the following circumstances:
·
You were honorably
discharged after 90 or more days of service, or you were released because of a
disability or injury received in the line of duty; or
·
You are still on active
duty; or
·
You are applying for
survivors benefits and the veteran died while on active duty.
·
You cannot receive credit
for these special extra earnings if you are already receiving a federal benefit
based on the same years of service. There is one exception: If you were on
active duty after 1956, you can still get the special earnings for 1951 through
1956, even if you're receiving a military retirement based on service during
that period.
For
additional information, view the Soc Sec website: http://www.ssa.gov/retire2/military.htm
§
FEDERAL EXCISE TAX REFUND CREDIT:
When you file your 2006 tax return, make sure you do not overlook the
"federal excise tax refund credit." This credit is a refundable
credit. That means you get this money, no matter how your tax return works out.
If you would end up owing the IRS a balance, there fund will reduce that
balance you owe. If you end up getting a refund, the credit will be added and
you get a bigger refund by that $30 to $60,depending on how many dependents are
on your return.
The
credit is claimed on line 71 of form 1040. A similar line will be available if
you file the short form 1040A. Also, if you know anyone who no longer files a
tax return and they have their own land phone in their home and have been
paying a phone bill for years, make sure they know about the form 1040EZ-T,
which they can use to claim this refund. The one time credit is available
because the federal excise tax has been charged to you on your phone bill for
years. It is an old tax (Spanish American War era) that was assessed on your
toll calls based on how far the call was being made and how much time you
talked on that call.
When
phone companies began to offer flat fee phone service, challenges to the excise
tax ended up in federal courts in several districts of the country. The
challenges pointed out that flat fee/rate phone service had nothing to do with
the distance and the length of the phone call. Therefore, the excise tax
should/could not be assessed and restitution should be made to those concerned.
The
IRS has now conceded this argument. Phone companies were given notice to stop
assessing the federal excise tax as of 30 AUG 06. You most likely will have
seen the tax on your September cutoff statement, but it should NOT have been on
your October bill.
But
the challengers of the old law also demanded restitution. The IRS has announced
that a one time credit will be available when you file 2006 tax return.
However, the IRS also established limits on how large a credit you can get.
Here's how it works.
·
If you file your return as
a single person with just you as a dependent, you get to claim a $30 credit on
line 71 of your 1040.
·
If you file with a child or
a parent as your dependent, you claim$40.
·
If you file your return as
a married couple with no children, you claim $40.- If you file as married with
children, you claim $50 if one child,$60 if two children
In
all cases, the most you get to claim is $60 - unless you have all your phone
bills starting after 28 FEB 03 through 31 JUL 06.
·
If so, then you can add up
the actual tax as it appears on your bills and claim that for a credit.
·
If you do this you cannot
use line 71 on your tax return.
You
have to complete a special form number 8913 and attach it to your tax return.
Individuals using the special from 1040EZ-T will have to attach this form 8913
also. [Source: NAUS Weekly Update 19 Jan 07 ++]
§
Veteran Benefits for
·
Exemption from all
homestead taxes for vets rated 100% service connected permanent and total
disability.
·
Exemption of $5000
homestead property tax for vets of all ages with a VA certified service
connected disability of 10% or greater.
The
Florida Department of Veterans' Affairs (FDVA) has expanded its services to the
state's 1.8 million veterans exponentially during the past eight years. Strong
support from Governor Jeb Bush, the Florida Legislature, the Florida
Congressional Delegation, and the U.S. Department of Veterans Affairs has
helped build a solid reputation for
The
state's Veterans' Domiciliary Home in
The
department forecasts construction to begin in 2007. This home will provide
skilled nursing and dementia care for eligible veterans in the area. FDVA has
supported legislation to bring additional benefits to
§
MILITARY LEGISLATION STATUS:
Following is a listing of Congressional bills of interest to the military
community that have been introduced in the 110th Congress. Support of
these bills through co-sponsorship by other legislators is critical if they are
ever going to move through the legislative process for a floor vote. A
cosponsor is a member of Congress who has joined one or more members in his/her
chamber (i.e. House or Senate) to sponsor a bill or amendment. The first member
to sign onto a bill is considered the Sponsor, members subsequently signing on
are Cosponsors. Any number of members may cosponsor a bill in the House or
Senate. At http://thomas.loc.gov you can
determine the current status of each bill and if your legislator is a sponsor
or co-sponsor of the bill you are concerned with. The key to increasing
co-sponsorship is letting our representatives know of veterans feelings on
issues. At the end of some of the below listed bills is a web link that
can be used to do that. Otherwise, you can locate on http://thomas.loc.gov who your representative
is and his/her phone number, mailing address, or email/website to communicate
with a message or letter of your own making:
****************
H.R.0023: A bill to amend title
46,
****************
H.R.0081: A bill to amend title
38,
****************
H.R.0089: A bill to amend title
10,
****************
H.R.0092: A bill to amend title
38, United States Code, to establish standards of
access (i.e. 30 days) to care for veterans seeking health care from the
Department of Veterans Affairs, would allow referral to civilian care in cases
where the standard is not met, would require the VA to annually report its
performance in meeting those access standards, and for other purposes. Sponsor:
Rep Brown-Waite, Ginny [FL-5] (introduced 1/4/07) Cosponsors (4). ****************
H.R.0112: A bill to
amend title 38,
****************
H.R.0140: A bill to amend title
10,
****************
H.R.0156: A bill to amend title
38, United States Code, to provide for the
payment of dependency and indemnity compensation (DIC) to the survivors of
former prisoners of war who died on or before 30 SEP 99, under the same
eligibility conditions as apply to payment of DIC to the survivors of former
prisoners of war who die after that date. Sponsor: Rep Holden, Tim [PA-17]
(introduced 1/4/07) Cosponsors (0)
****************
H.R.0191: A bill to amend the
Internal Revenue Code of 1986
to repeal the inclusion in gross income of Social Security benefits. Sponsor:
Rep Paul, Ron [TX-14] (introduced 1/4/07) Cosponsors (7)
****************
H.R.0207: A bill to provide for
identification of members of the Armed Forces
exposed during military service to depleted uranium, to provide for health
testing of such members, and for other purposes. Sponsor: Rep Serrano, Jose E.
[NY-16] (introduced 1/4/07). Cosponsors (0)
****************
H.R.0243: A bill to amend title
10,
****************
H.R.0303: A bill to amend title
10, United States Code, to permit certain
additional retired members of the Armed Forces who have a service-connected
disability to receive both disability compensation from the Department of
Veterans Affairs for their disability and either retired pay by reason of their
years of military service or Combat-Related Special Compensation (CRSC) and to
eliminate the phase-in period under current law with respect to such concurrent
receipt. Sponsor: Rep Bilirakis, Gus M. [FL-9] (introduced 1/5/07). Cosponsors
(2).
****************
H.R.0315: A bill to amend title
38,
****************
H.R.0333: A bill to amend title
10, United States Code, to permit retired members
of the Armed Forces who have a service-connected disability rated less than 50%
to receive concurrent payment of both retired pay and veterans' disability
compensation, to eliminate the phase-in period for concurrent receipt, to
extend eligibility for concurrent receipt and combat-related special
compensation to chapter 61 disability retirees with less than 20 years of
service, and for other purposes. Sponsor: Rep Marshall, Jim [GA-8] (introduced
1/9/07). Cosponsors (0).
****************
H.R.0339: A bill to amend title
38,
****************
H.R.0343: A bill to amend the
Internal Revenue Code of 1986
to allow a refundable credit to military retirees for premiums paid for
coverage under Medicare Part B. Sponsor: Rep Emerson, Jo Ann [MO-8] (introduced
1/9/07). Cosponsors (0).
****************
H.R.04025: A bill to amend title
38, United States Code, to provide for annual
cost-of-living adjustments (COLA) to be made automatically by law each year in
the rates of disability compensation for veterans with service-connected
disabilities and the rates of dependency and indemnity compensation for
survivors of certain service-connected disabled veterans. Sponsor: Rep
Knollenberg, Joe [MI-9] (introduced 1/11/07).
Cosponsors (0).
****************
S.0022: A bill to amend title
38,
****************
S.0057: A bill to amend title
38, United States Code, to deem certain service
in the organized military forces of the Government of the Commonwealth of the
Philippines and the Philippine Scouts to have been active service for purposes
of benefits under programs administered by the Secretary of Veterans Affairs.
Sponsor: Sen. Inouye, Daniel K. [HI] (introduced 1/4/07). Cosponsors (1).
****************
S.0066: A bill to require the
Secretary of the Army to determine the validity
of the claims of certain Filipinos that they performed military service on
behalf of the
****************
S.0067: A bill to amend title
10,
****************
S.0071: A bill to amend title
10,
****************
S.0117: A bill to amend titles
10 and 38, United States Code,
to improve benefits and services for members of the Armed Forces, veterans of
the Global War on Terrorism, and other veterans, to require reports on the
effects of the Global War on Terrorism, and for other purposes. Sponsor: Sen.
Obama, Barack [IL] (introduced 1/4/07). Cosponsors (1).
****************
S.0207: A bill to amend the
Internal Revenue Code of 1986,
to allow tax payers to designate part or all of any income tax refund to
support reservists and National Guard members. Sponsor: Sen. Coleman, Norm [MN]
(introduced 1/9/07).Cosponsors (0).
****************
S.0225: A bill to amend title
38,
§