Compensation Disability September 2014 Tom Baird Compensation Service

VA Representative Tom Baird VA Military Service Coordinator Ft Sill / Sheppard VA BDD / Altus AFB/IDES 580-442-2469

www.va.gov 1-800-827-1000 8:00 a.m. EST to 9:00 p.m. EST Or call us VA on the Internet www.va.gov http://www.facebook.com/VeteransBenefits http://twitter.com/VAVetBenefits Or call us 1-800-827-1000 8:00 a.m. EST to 9:00 p.m. EST

Objectives Define Disability Compensation Define Service Connected Disability Explain the Life Cycle of a Claim Describe Compensation Benefits directly related to Disability Compensation Pension Veterans Service Organization

Department of Veterans Affairs Veterans Benefits Administration All non-medical VA benefits: Compensation, Pension, Education, Home Loan Guaranty, Vocational Rehabilitation and Employment, Life Insurance Administered by VA Regional Offices Veterans Health Administration All VA health care services Administered by VA Medical Centers, Ambulatory Care & Community Based Outpatient Clinics National Cemetery Administration National and State Veterans Cemeteries Support to State Veterans Cemeteries Headstones & Markers Presidential Memorial Certificates

Service-Connected Compensation Compensation is paid for a disability resulting from disease or injury incurred or aggravated while on active service. The disability does not have to be combat or wartime related. Examples: Torn knee ligament Hearing loss Back condition Post traumatic stress (including the result of sexual trauma) Traumatic brain injury Skin condition (psoriasis, eczema, scars)

Service Connected Terms Acute disability – short duration, clear without residuals Common cold, Flu Chronic disability – long term duration, never goes away Hypertension, Arthritis, Migraines In the Line of Duty – injury or disease incurred while serving on active duty

Disability Compensation Disability Compensation is a tax free monetary benefit paid for a service-connected disability A service-connected disability is a disability resulting from injuries, illness, or disease that was incurred or aggravated while on active duty Discharged under other than dishonorable conditions Compensation is paid for disability ratings from 10% to 100% Veterans may be eligible for additional compensation if they are very seriously disabled; have qualified dependents; have a seriously disabled spouse

Disability Compensation (Con’t) A service-connected disability can be established: Directly Due to aggravation of a pre-Service disability Presumptively; and/or Secondary to a Service-connected condition No-time limit to apply Pre-Discharge – Programs designed for active duty Post-Discharge Paid retroactively to first of the month after separation/retirement if VA receives the application within one year of separation/retirement. If after one year, generally effective no earlier than the date VA received the application.

Service Connected Claims Process Original Claims (38 CFR 3.160) Initial formal application on a form prescribed by VA Secretary. For Veterans, it is the VA Form 21-526 Formal Claims: Letters, Memorandums, and other Communication from claimants or their representatives may be considered formal claims if they: Request increased benefits Reopen previously denied claims Open a new claim Informal Claim: Any communication or action that shows an intent to apply for benefits

Life Cycle of a Claim Receive and review application Provide Veterans Claim Assistant Act (VCAA) Notice (Duty to Assist) Schedule a VA examination, if necessary Gather evidence Prepare a decision using all evidence of record Prepare the award of benefits or disallowance document Notify the Veteran

Combined Rating Calculation Appeal Process Combined Rating Table – 38 CFR 4.25 Constructed so that in no event will the combined evaluation exceed 100%. “Whole person concept”: Presumption that upon entering service, a person is 100% efficient Appeal Process VA Form 4107, Your Rights to Appeal our Decision 12

Free VA health care for all rated service-connected conditions Related Benefits Free VA health care for all rated service-connected conditions Vocational rehabilitation & employment services VA life insurance - $10,000 Veterans preference in Federal hiring VA home loan guaranty funding fee waived Possible state and local benefits

Automobile Grants (38 CFR 3.808) Financial assistance is available to purchase a vehicle or adapt a vehicle to certain Servicemembers and Veterans The Automobile Grant can be issued once in a lifetime and requires: Loss, or permanent loss of use, of one or both feet, OR Loss, or permanent loss of use, of both hands, OR Permanent impairment of vision in both eyes to a certain degree Automobile Adaptive Equipment can be used more than once and requires: Those qualified for Auto Grant as above, OR Akylosis of one or both knees or hips

Housing GrantsLife Cycle of a Claim Special Adaptive Housing (SAH) Grants $64,960 Special Home Adaptation (SHA) Grant $12,992 Temporary Residence Adaptation Up to $28,515 (if eligible for $64,960) Up to $5,092 (if eligible for $12,992) Rates vary annually in accordance with the cost of living index

Clothing Allowance (38 CFR 3.810) Veterans may be eligible for a clothing allowance if they have: Service-connected condition that requires the Veteran to wear or use a prosthetic or orthopedic appliance (including wheel chairs) Service connected skin condition that requires prescribed medications that cause irreparable damage to outer garments Veteran Health Administration Prosthetics and Sensory Aids Service administers the program * Clothing allowance can be paid as a one time benefit, or an annual allowance

Special Monthly Compensation (38 CFR 3.350) Additional compensation for the loss or loss of use of specific organs or extremities. Loss, or loss of use, is either an amputation or having no effective remaining function Special Monthly Compensation may be granted for: Loss, or Loss of use, of a hand or foot Complete loss, or loss of use, of both buttocks Immobility of a joint or paralysis Loss, or loss of use, of a reproductive organ Inability to communicate by speech Loss of sight of an eye (only light perception) Deafness of both ears (absence of air and bone conduction) Loss of a percentage of tissue from a single breast, or both breasts, from Mastectomy or Radiation Treatment

Pension Benefit paid to wartime Veterans with limited income, and who are permanently and totally disabled or age 65 or older Disability must not be due to own willful misconduct and need not be related to service Who is eligible? A Veteran may be eligible if: Discharged from service under conditions other than dishonorable, AND Served at least 90 days of AD and at least one day during wartime, AND Countable family income is below a yearly limit set by law, AND Permanently and totally disabled, OR Age 65 or older

Servicemembers’ Group Life Insurance (SGLI) $400,000 automatic maximum coverage Free coverage for 120 days after Servicemember’s separation from service Convertible to Veterans’ Group Life Insurance (VGLI) or commercial policy after separation from service (can split coverage) Insures active duty members, Ready Reservists, cadets at service academies, National Oceanic and Atmospheric Administration (NOAA), and Public Health Service (PHS)

Traumatic Servicemembers’ Group Life Insurance (TSGLI) Rapid financial assistance payable to members who suffer a qualifying loss due to traumatic injury Benefit of $25K—$100K depending on injury Automatic for members with SGLI coverage Traumatic injury need not be combat related Traumatic injury must occur prior to separation from service Qualifying loss must occur within two years of date of traumatic injury. TSGLI coverage ends at separation from service.

Veterans’ Group Life Insurance (VGLI) Lifetime renewable term insurance Premiums increase with age 240 time period to convert to VGLI without proof of good health 1 year 120 day time period to convert Maximum coverage=amount of SGLI at time of separation from service Available in increments of $10,000 Convertible to a commercial policy at any time

VA Education Programs Montgomery GI Bill- Active Duty – Chapter 30 Post 9/11 GI Bill – Chapter 33 The Marine Gunnery Sergeant John David Fry Scholarship Chapter 1606 (Montgomery GI Bill – Selected Reserve) Chapter 1607 (Reserve Educational Assistance Program) Chapter 32 (Veterans Educational Assistance Program) Chapter 35 (Survivors’ and Dependents’ Educational Assistance program)

Montgomery GI Bill—Active Duty Eligibility: Honorable discharge, a high school diploma or general educational development (GED), and served active duty after June 30, 1985. Plus, $1,200 military pay reduction. Benefit: Up to 36 months of benefits Monetary benefit ranging from approximately $300-$1,400 per month, based on length of service Expires 10 years after release from active duty Includes apprenticeship, on-the-job training, vocational training, and flight training

Post-9/11 GI Bill Eligibility: At least 90 days of aggregate active service on or after September 11, 2001, or discharged with a service-connected disability after 30 days. An Honorable discharge is required. Benefit: Up to 36 months of benefits; payable for approved training on or after August 1, 2009 Amount determined by the length of active duty service (40% up to 100%) Expires 15 years after last qualifying period of active duty service

Post-9/11 GI Bill cont. Tuition and Fees Monthly Housing Allowance Books and Supplies Stipend - Pays up to $1,000 per year Yellow Ribbon Program Payable to school when student’s tuition and fees exceed the cap Transfer of Entitlement Transfer up to 36 months Revoke or modify transfer of any unused benefits Transfer to spouse, children, or both in any amount up to the amount transferor

Veteran Service Organizations M21-1MR, Part I, Chap 3, Sect A Accredited Veterans Service Organization Representatives: ·   Are recognized by the VA as advocates for Servicemembers, Veterans and Survivors ·   Can assist claimants in filing for VA benefits and services ·   Must be appointed in accordance with VA Procedures Examples:  Disabled American Veterans (DAV), Veterans of Foreign War (VFW), State VA, American Veterans (AMVETS), Military Order of the Purple Heart (MOPH), American Legion (AL) Once appointed, VSO Representatives are authorized to prepare, present, and prosecute a claimant’s claim, review their records, present evidence, sign an informal claim, withdraw an appeal, etc (38 CFR 14.626 – 14.636)

www.ebenefits.va.gov One-stop shop for benefits-related online tools and information. Apply for benefits View your claim status and benefits and payments online Download your DD 214 Print your VA home loan guaranty Certificate of Eligibility (CoE)

Questions?