1. Compensation Disability
September 2014
Tom Baird
Compensation Service

2. VA Representative Tom Baird VA Military Service Coordinator
Ft Sill / Sheppard VA BDD / Altus AFB/IDES

3. 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
Or call us
:00 a.m. EST to 9:00 p.m. EST

4. 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

5. 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

6. 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)

7. 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

8. 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

9. 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.

10. 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
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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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)

20. 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.

21. 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

22. 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)

23. Montgomery GI Bill—Active Duty
Eligibility: Honorable discharge, a high school diploma or general educational development (GED), and served active duty after June 30, Plus, $1,200 military pay reduction.
Benefit:
Up to 36 months of benefits
Monetary benefit ranging from approximately $300-$1, 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

24. 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

25. 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

26. 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 – )

27.
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)

28. Questions?