IDVA
Quick Reference
Birth Defects in the Children of Male
Vietnam Veterans
Birth Defects in the Children of Female
Vietnam Veterans
Aid and Attendance (A&A) (Special Monthly
Compensation)
Appeals Management Center (AMC)
Board of Veterans’ Appeals (BVA)
Burial, Headstone or Grave Marker
Burial – National and State Cemeteries
BVA (See Board of Veterans’ Appeals)
Combat-Related Special Compensation
(CRSC)
Concurrent Disability Payments (CDP)
Concurrent Receipt (of VA benefits and retired pay)
Death Pension (Non-service connected)
Dependency
& Indemnity Compensation (DIC)
Educational Benefits (GI Bill) (Active Duty)
(Chapter 30)
Educational Benefits (Chapter 35)
Educational Benefits (GI Bill) (Selected
Reserves) (Chapter1606)
Educational Benefits (GI Bill)
(Selected Reserves) (Chapter1607)
Educational Benefits (GI Bill) (State Approving Agency)
Educational Benefits (Remission of Fees) (State)
Educational Benefits (Purple Heart Recipients) (State)
Educational Benefits – VEAP (Chapter 32)
Emergency Care (in a Non-VA Facility)
EVR
(Eligibility Verification Report)
Final Check (due to death of the veteran)
Fishing License (See Hunting and Fishing License, Reduced
Fee)
Guard/Reserves Eligibility for VA
Health Care
Guard/Reserves-Related State
Benefits
Headstones and
Markers (See Burial, Headstones…)
Home Improvements and Structural Alterations for
Disability Access
Hoosier Veterans Seamless
Transition Program
Housebound
(Special Monthly Compensation)
Hunting and Fishing License, Reduced Fee
Incarceration (Jail)
Indiana Soldiers’
and Sailors’ Children’s Home (See Knightstown Home)
Jail (See Incarceration)
Medicare Part B Deductions
Medicare Part D, Prescription Coverage
Military Retired Pay (Waiver in lieu of VA
benefits)
National Guard and Reserves
National Guard/Reserves
Eligibility for VA Health Care
National Guard/Reserves-Related
State Benefits
Non-Service Connected Pension (See Pension)
Nursing Home Reduction in VA Pay
Post Traumatic Stress Disorder (PTSD)
Servicemembers Group Life Insurance
(SGLI)
Special Monthly
Compensation (See Aid & Attendance) (See Housebound)
Survivor’s Pension (See Death
Pension) (See DIC)
Tax Abatement/Exemption Qualification
Traumatic Injury Servicemembers Group Life
Insurance (TSGLI)
Unemployability, 100% Rating Due To
VAMC Priority Levels for Enrollment
VA Nursing Home (Extended) Care
Veteran (Definition for VA Benefits Purposes)
Waiver of Deductible for VA Medical Care
Wartime Service (to meet VA requirements)
Wheelchair Ramps
(See Home Improvements and Structural Alterations
for Disability Access)
Eleven diseases are presumed by VA to be service-related for
compensation purposes for veterans exposed to Agent Orange and other herbicides
used in support of military operations in the
The
following health conditions are presumptively recognized for service
connection.
completed Veterans Application For Compensation or Pension VA Form
Number 21-526.
1. Chloracne (must occur within 1 year of exposure to Agent Orange). Chloracne is a skin condition that looks like common forms of acne seen in teenagers. The first sign may be excessive oiliness of the skin. This is accompanied or followed by numerous blackheads. In mild cases, the blackheads may be limited to the areas around the eyes extending to the temples. In more severe cases, blackheads may appear in many places, especially over the cheekbone and other facial areas, behind the ears, and along the arms.
2. Non-Hodgkin’s lymphoma. A group of malignant tumors (cancers) that affect the lymph glands and other lymphatic tissue. These tumors are relatively rare compared to other types of cancer, and although survival rates have improved during the past two decades, these
diseases tend to be fatal.
3. Hodgkin’s disease. A malignant lymphoma characterized by progressive enlargement of the lymph nodes, liver, and spleen, and by progressive anemia.
4. Kaposi's sarcoma or mesothelioma
5. Soft tissue sarcoma other than osteosarcoma and chondrosarcoma. A group of different types of malignant tumors (cancers) that arise from body tissues such as muscle, fat, blood and lymph vessels, and connective tissues (not in hard tissue such as bone or cartilage). These cancers are in the soft tissue that occurs within and between organs. The following conditions fall under the term "soft-tissue sarcoma):
a. Adult fibrosarcoma
b. Dermatofibrosacoma protuberans
c. Malignant fibrous histicytoma
d. Liposarcoma
e. Leiomyosarcoma
f. Malignant granular cell tumor
g. Alveolar soft part sarcoma
h. Rhabdomysarcoma
i. Ectomesenchymoma
j. Malignant glomus tumor
k. Malignant hemangiopericytoma
l. Malignant Schwannoma
m. Malignant mesenchymoma
n. Epithelioid sarcoma
o. Extraskeletal Ewing's sarcoma
p. Congenital and infantile fibrosarcoma
q. Malignant ganglioneuroma
r.
Epitheloid Leiomysarcoma (malignant meiomyblastoma)
s. Angiosarcoma (hemangiosarcoma and lymphagiosarcoma)
t. Proliferating (systemic) angioendotheliomatosis
u. Clear cell sarcoma of tendons and aponeuroses
v. Synovial sarcoma (malignant synovioma)
w. Malignant giant cell tumor of tendon sheath
6. Porphyria cutanea tarda (must occur within 1 year of exposure.) Porphyria cutanea tarda is a
disorder characterized by liver dysfunction and by thinning and blistering of the skin in sun-exposed areas.
7. Multiple myeloma. A cancer of specific bone marrow cells that is characterized by bone marrow tumors in various bones of the body.
8. Respiratory cancers, including cancers of the lung, larynx, trachea, and bronchus. (Previously
these
conditions must have manifested within 30 years of the veteran's departure from
9. Prostate cancer. A cancer of the prostate and one of the most common cancers among men.
10. Peripheral neuropathy (transient acute or subacute. It must appear within 1 year of exposure and resolve within 2-years of date of onset.) A nervous system condition that causes numbness, tingling, and muscle weakness. This condition affects only the peripheral nervous system, that is, only the nervous system outside the brain and spinal cord. Only the transient acute (short-term) and subacute forms of this condition (not the chronic persistent form) have been associated with herbicide exposure.
11. Diabetes mellitus: Often referred to as Type 2 diabetes: A condition characterized by high blood sugar levels resulting from the body’s inability to respond properly to the hormone insulin.
12. Chronic lymphocytic leukemia (Final rule and regulations pending). A disease that progresses
slowly
with increasing production of and older) who live in areas where it’s offered. Conditions
secondary to the diabetes, such as eyesight, impotency, foot problems, can be
secondary rated.
VA has developed databases called
registries to help analyze the type of health conditions being reported by
veterans who served in the Gulf War (Aug. 2, 1990 to a date not yet
established), claim exposure to Agent Orange during the Vietnam War (between
1962 and 1975), served in Korea in 1968 or 1969, claim exposure to atomic
radiation, or were treated with nasopharyngeal (NP) radium during military
service. These veterans are provided with free, comprehensive medical
examinations, including laboratory and other diagnostic tests deemed necessary
by an examining physician to determine health status. Other veterans who may
have been exposed to dioxin or other toxic substances in a herbicide or
defoliant associated with the testing, transporting or spraying of herbicides
for military purposes also are eligible to participate in the Agent Orange
registry program.
Eligible veterans do not have to be
enrolled in VA health care to participate in registry examinations. Examination
results, along with reviews of veterans’ military service and exposure
histories, are entered into the registries. Participants are advised of the
results of their examinations in personal consultations and by letters.
Veterans wishing to participate should contact the nearest VA health-care
facility for an examination.
The Nehmer case established an earlier
effective date for Type II diabetes claims and it is possible for a veteran to
be rated earlier than the date VA receives the claim.
Blue Water Navy
Veterans Entitled to Presumption of Exposure to Agent Orange: On August 16, 2006, an United States
Court of Appeals for Veterans Claims decision (Haas v. Nicholson) held that
Vietnam veterans who served in the waters off Vietnam (known as “Blue Water
Veterans”) are entitled to disability benefits for diseases related to Agent
Orange exposure. This decision reverses
the Department of Veterans Affair’s policy that veterans had to step foot on
Essentially, the court ruling was made possible by VA failing to comply with notice and comment requirements of the Administrative Procedures Act when it rescinded a more favorable provision from its operations manual (M21-1) concerning Agent Orange exposure. When asked at the recent American Legion Convention about how VA will respond to “Haas,” Ronald R. Aument, VA’s Deputy Under Secretary for Benefits, indicated VA is studying the situation but has not yet formulated an action plan.
It can only be assumed that VA will act adversely since this ruling will effect many veterans and likely require the government to pay millions of dollars in compensation benefits. We expect VA to either appeal Haas to the federal circuit or develop new limiting manual guidelines using the Administrative Procedures Act, or both.
Blue Water Veterans and possibly even other veterans who served in nearby countries directly supporting the Vietnam War effort (this includes all veterans who received the Vietnam Service Medal) will therefore likely have only a short period of time to file for and win claims concerning presumption of Agent Orange Exposure. These veterans who now have a disease on the Agent Orange presumptive list should therefore file their claims immediately. If the veteran had never filed a VA disability claim, he or she should complete and file an original claim application (VA Form 21-526). If the veteran had filed before and received a final VA decision prior to the date of this Court decision (8-16-06), the claimant can reopen the claim by filing a letter asking VA to reconsider their Agent Orange related disability claim due to the ruling in Haas v. Nicholson. If the claim had been filed and denied but the denial had not yet become final, the claimant should appeal VA’s decision. The Court decision also opens the doors for surviving spouses to file or re-file Agent Orange related death benefits claims of this nature.
BIRTH DEFECTS IN CHILDREN OF MALE
The following health conditions are presumptively recognized in children of veterans for service
connection.
diagnosis of the condition and a DD Form 214 showing the parent’s Vietnam Service is normally all that is needed to accompany a completed Veterans Application For Compensation or Pension VA Form Number 21-526.
Spina bifida (except spina bifida occulta): A neural tube birth defect that results from the failure of the bony portion of the spine to close properly in the developing fetus during early pregnancy.
BIRTH DEFECTS IN CHILDREN OF FEMALE
Other (than spinal bifida) disabilities in
the children of women
women
These children may be compensated for their birth defects at the following rates: Level I Monthly Rate - $123; Level II Monthly Rate - $270; Level III Monthly Rate - $930; and Level IV Monthly Rate - $1,586.
Covered birth defects include, but are not limited to, the following conditions:
1) achondroplasia,
2) cleft lip and cleft palate,
3) congenital heart disease,
4) congenital talipes equinovarus (clubfoot),
5) esophageal and intestinal atresia,
6) Hallerman-Streiff syndrome,
7) hip dysplasia,
8) Hirschprung’s disease (congenital megacolon),
9) hydrocephalus due to aqueductal stenosis,
10) hypospadias,
11) imperforate anus,
12) neural tube defects,
13)
14) pyloric stenosis,
15) syndactyly (fused digits),
16) tracheoesophageal fistula,
17) undescended testicle, and
18) Williams syndrome.
** Not covered are conditions that are congenital malignant neoplasms, chromosomal disorders, or developmental disorders. In addition, conditions that do not result in permanent physical or
mental disability are not covered birth defects. All birth defects that are not excluded under the language above are covered birth defects. (Source: Extracted from Agent Orange Review, Vol. 19, No 2, Dated July 2003)
AID & ATTENDANCE (A&A) (Special Monthly Compensation)
Eligibility:
veterans receiving VA Compensation or VA Pension who are helpless or
"so nearly helpless as to require the regular aid and attendance of
another person" may be eligible for this special monthly compensation
(SMC). VA considers the veteran eligible if they are blind or nearly
blind, or if they are a patient in a nursing home because of a mental
or physical incapacity or other factors, such as the inability to dress or
undress themselves, to be ordinarily clean and presentable, or to feed
themselves. If the veteran has a prosthesis which needs to be adjusted
frequently; is
incapable of feeding themselves through the loss of upper extremity
coordination or through extreme weakness; incontinence; or due to mental
or physical incapacity to be protected from the hazards of their daily
environment.
VA rules are
clear that they do not need to meet each of these factors to qualify for
A&A allowance, nor do they have to be so helpless that they
need someone attending them constantly.
Also, the
spouse of a veteran may also be eligible for A&A due to any of the
above conditions, if the veteran is rated 30% or higher disabled. (See Allowance for Dependents).
Our research has
shown that veterans who are receiving compensation for SC
disability or disabilities generally must require the aid & attendance due
to their service-connected disability or be in a nursing home to be eligible
for A&A. Veterans receiving pension are already considered to
be permanently and totally disabled. In either case, have the doctor or
doctor’s office complete the VA Form 21-2680 to establish the need for A&A.
A&A Presumed: Nursing Home Care. A veteran entitled to
disability pension is presumed to be in need of A&A if the
veteran is a patient in a nursing home on account of mental or physical
disability.
Application: VA Form 21-2680 completed by the physician.
ALLOWANCE FOR DEPENDENTS
Eligibility:
veterans disabled 30% or higher can get this additional allowance for
dependents. This happens automatically if spouse and/or children are put
on the initial application for
compensation or pension (VA Form 21-526), although it is recommended that
VA Form 21-686c be completed and submitted with the claim packet. Note:
“Spouse” must be a person of the
opposite sex.
Children stay
dependents until age 18 or until they graduate high school or until they
graduate college (up to age 23). If there is some question about the
dependency of a child, VA may occasionally require confirmation of
dependency status via VA Form 21-686c. Birth certificate (s) and/or
marriage license are substantiating documents for this benefit.
The additional amount is determined according to the number of dependents and degree of disability. The amount increases after the child reaches age 18 and remains increased through age 22.
Application:
VA Form 21-686c with birth certificate(s) and/or marriage license.
APPEALS
Whenever a claim is denied by VA, and it is felt the VA did not
make a good decision, either because they did not review all the evidence,
or they did not correctly apply the law, the veteran can file an appeal.
The appeals process starts with the veteran filing a Notice of Disagreement (NOD) to the VA. This can simply be a statement on VA Form 21-4138 stating that, "This is Notice of Disagreement with VA Decision dated ____________." followed by a brief reason for the disagreement, such as, "The VA doctor, at my latest examination, failed to consider any of my previous medical records."
In response to the Notice of Disagreement, the VA will advise the claimant of her/her opportunity to have the claim reviewed by another individual, one who did not participate in the original review. This is called a de novo review. Or, in the NOD, the claimant may ask for this de novo review. In either case, the claimant has 60 days after notification by VA of the opportunity for a de novo review to take advantage of the offer. The de novo review suspends the normal 1-year time limit to file an appeal.
If the claimant does not request a de novo review, the VA will send the veteran a Statement of the Case (SOC). The SOC will outline all the laws VA used to make their decision and all the evidence they considered. Once the SOC is received it should be reviewed carefully. The veteran has one year from the date they were notified of the decision to file to formal appeal. This is done on VA Form 9.
As a general rule, the VA will consider only the disability(ies) claimed in the original claim on which they made their decision. Do not introduce another disability in the appeal. The veteran would need to file another, completely new claim, for any newly claimed disability(ies). The de novo review, however, does consider all evidence, both old and new. If the veteran does not appeal and the time limits run out, and the veteran later decides to make another claim on the same disability, the claimant would need to introduce “new and material” evidence.
If it's felt the veteran could explain his case well, on the VA Form 9 ask for a hearing before the VARO Hearing Officer rather than a hearing at the Board of Veterans' Appeals (BVA) or before the traveling BVA.
Applications:
Notice of Disagreement (NOD): VA Form 21-4138
Formal (Substantive) Appeal: VA Form 9 (must be filed within the set time limits after the SOC).
The Appeals Management Center (AMC) has
been established outside of the BVA. It will function as a “national regional
office” to handle most remands. It is located at the Washington Regional Office
(WRO) and was to be fully staffed and operational by December, 2003. In
October, 2003, it had 10,000 pending remands and is projected to handle about
14,000 new remands a year. This program is expected to improve the quality and
completeness of remands and make it easier and quicker for the BVA to make a
final decision.
Following are the
steps in the appeals process:
Claim;
Decision;
Notice of Disagreement;
Statement of the Case;
VA Form 9 (Substantive Appeal);
Board of Veterans’ Appeals (BVA);
Court of Appeals for Veterans’
Claims (CAVC).
1.
The process of filing an appeal begins with the filing of the claim.
Without a claim there can be no appeal.
2.
After receiving and developing a claim, the local VA Regional Office
makes a decision and notifies the veteran.
3. If
the veteran disagrees with the decision, he or she files a Notice of
Disagreement (time limit: within one year of the date of the letter notifying
the veteran of the decision).
4.
The VA send the veteran a Statement of the Case (SOC) which informs the
veteran of the evidence reviewed in making the decision and the VA laws which
were applicable to the decision.
Prior to sending the SOC, the local
VA Regional Office will offer to have a Decision Review Officer, or DRO,
(someone other than the person who made the original decision) look over the
decision and make a new decision. This is called a de novo
review. If the veteran agrees to the de novo review, the SOC will
not be issued until after the decision of the DRO, and then only if the veteran
is still unsatisfied with the decision. (Time limit for requesting a de
novo review: 60 days from the date of the letter notifying the veteran
of the decision.)
5.
If the
veteran still disagrees after the issuance of the SOC, the veteran completes
the VA Form 9 (Substantive Appeal) and forwards to the VA Regional Office.
6.
The
claim is forwarded to the Board of Veterans’ Appeals (BVA). The Board will do
one of three things:
a.
Uphold
the decision of the VA Regional Office;
b.
Grant
the issue or issues requested in the appeal; or
c.
Remand
(send back) the claim to the VA Regional office for further development.
7.
If
the BVA upholds the decision and the veteran still disagrees, the claim will be
sent to the Court of Appeals for Veterans’ Claims (CAVC). The service
organization which represented the veteran through the BVA will no longer
represent the veteran.
Veterans
and servicemembers may be eligible for a one-time payment of not more than
$11,000 toward the purchase of an automobile or other conveyance if they have
service-connected loss or permanent loss of use of one or both hands or feet,
permanent impairment of vision of both eyes to a certain degree, or ankylosis
(immobility) of one or both knees or one or both hips. They may also be
eligible for adaptive equipment, and for repair, replacement or reinstallation
required because of disability or for the safe operation of a vehicle purchased
with VA assistance. To apply, contact a VA Regional Office at 1-800-827-1000 or
the nearest VA Medical Center.
BOARD OF VETERANS’ APPEALS (BVA)
If a claim cannot be resolved by the local
VA Regional Office, the BVA is the next part of the appeals process.
The Board of Veterans’ Appeals (also known
as “BVA” or “the Board”) is a part of VA, located in
Also see APPEALS PROCESS
BURIAL ALLOWANCE (State of
Eligibility:
Honorably discharged veterans
Benefit:
Counties are authorized to pay up to $1,000 for burial costs of veteran or
spouse (but not both). Included in the $1,000 is an amount to be
determined by the county for setting of a federal headstone or marker in
the county of burial. Most
This allowance is paid by the county of
the veteran's residence at the time of death.
Application:
County burial form obtained from the Auditor's Office. Normally filled out
and submitted by the funeral director.
BURIAL AT SEA (Retired Navy members & dependents)
Retired
Navy members and their dependents desiring burial at sea should indicate
that preference in writing. At the time of death, the executor/executrix
of the estate should contact:
Military Medical Support Office (MMSO)
Mortuary Affairs, Bldg 38H
Great Lakes IL 60085-5200
Toll Free: 1-888-647-6676
For further information contact
Casualty
Assistance Branch
Naval Personnel Command (NPC-621)
5720 Integrity Drive
Millington TN 38055-6210
Toll Free: 1-800-368-3202
An information
packet can be sent or faxed. The packet contains the Burial at Sea
request/ authorization form. If the burial at sea preference was not put
in writing, the person responsible for the disposition of the remains may
authorize the burial at sea. Submit the following documents to the above
address with the request form:
a)
Certificate of cremation or a transit permit issued by the appropriate
civil authorities at the place of death; or
b) Photocopy of civil Death Certificate; and
c) Signed request/authorization for committal from the primary next of kin or executor of the estate, and d) photocopy of retirement orders. Authorization should include the decedents full name, grade, SSN, Serial Number (if available), branch of service, date of retirement or dates of service and date of death, type religious service preferred, whether the scattering of cremated remains or committal of casketed remains is desired from naval vessel, and body of water preferred.
BURIAL EXPENSE (Reimbursement) (Federal)
Benefit: $300 burial & funeral allowance.
Eligibility: veteran at time of death, was receiving VA Compensation or Pension - or - if death occurs in a VA facility or contracted nursing home.
Benefit: $2,000 burial allowance. Also, VA will pay the cost of transporting the remains to the nearest national cemetery with spaces available.
Eligibility: veteran whose death is due to his
service connected condition.
Benefit: $300 plot or interment allowance.
Eligibility: Veteran not buried in cemetery under
Note: Public Law 108-183 allows that this benefit can be paid to a State cemetery.
Note: Claims must be filed within 2 years (no time limit for service connected) .
Application: VA Form 21-530
BURIAL FLAG
Eligibility: Discharged under conditions other than dishonorable.
- and -
either a wartime veteran - or -
served after Jan. 31, 1955 - or -
served at least one enlistment during peacetime, - or -
National Guard & Reserves eligible after completion of one enlistment
or if they have 20 years of service creditable towards retirement.
Application: VA Form 21-2008 (Veterans’ Service Officers can obtain a flag by
completing this form and taking it to their local Post Office)
BURIAL, HEADSTONE OR GRAVE MARKER
Eligibility: deceased active duty veteran of wartime or peacetime service (other than for training) if discharged under conditions other than dishonorable. Veterans discharged after Sept. 8, 1980 must have served 24 months on active duty, or the full period for which they were brought on active duty. Veterans discharged prior to that date have no minimum time-served requirement.
- or –
- deceased National Guardsman or Reservist who dies while performing initial active duty for training and those who have 20 years or more service creditable towards retirement.
Dependents: only if buried in National or State Military cemetery.
Note: Effective with Public Law 107-103 dated 12/27/01 the headstone can be placed on a marked or an unmarked grave. Prior to this law, the grave had to be an unmarked grave.
Application: VA Form 40-1330
Replacement headstones:
VA will replace incorrectly inscribed headstones or markers. Complete a new VA Form 40-1330 with all the appropriate information and explain in the Remarks block at the bottom of the application the circumstances requiring a new headstone or marker.
VA will replace headstones or markers which have been vandalized, stolen, or deteriorated and weather-worn to such a degree that inscriptions are no longer legible. VA requires a photograph of the deteriorated marker, or a report of the theft or vandalism and a completed VA Form 40-1330.
BURIAL – NATIONAL AND STATE CEMETERIES
Arlington National Cemetery
To be buried in
- Died on active duty;
- Military retiree (including Guard & Reserves who haven't reached age 60);
- Holders of highest awards for valor;
- Certain former Prisoners of War;
- Veterans honorably discharged with at least 30% disability before Oct. 1, 1949;
- The spouse or unmarried
child (under 21) of any veteran buried in
Note: Public Law 108-183 permits the spouse of a deceased veteran who remarries after the veteran’s death to be buried in a national cemetery, regardless of age at the time of the remarriage. Prior to this change in law, only a surviving spouse who had subsequent remarriage that was terminated by death or divorce was eligible. This change applies to deaths occurring on or after January 2000.
- Unmarried adult child with physical or mental disability acquired before age 21.
- Merchant Marine personnel who fit one or more of the above categories.
Most veterans can be buried in these type cemeteries. They include -
- Active duty personnel;
- Military retirees (including Guard & Reserve retirees who haven't reached age 60);
- Veterans with discharges rated higher than under dishonorable conditions;
- Reservists disabled by military service;
- ROTC cadets and midshipmen who die at summer camp or from military-related injuries or illnesses;
- Merchant Marine personnel.
- Spouse of a deceased veteran, even if remarried, regardless of his or her age at the time of the remarriage. (Public Law 108-183). Prior to this change in law, only a surviving spouse who had subsequent remarriage that was terminated by death or divorce was eligible. This change applies to deaths occurring on or after January 2000.
Most veterans qualify under the third category. Veterans discharged after Sept. 8, 1980 must have served 24 months on active duty, or the full period for which they were brought on active duty. Veterans discharged prior to that date have no minimum time-served requirement.
The Indiana Veterans Memorial
Cemetery opened for interments on December 1, 1999. The cemetery is located
adjacent to the
Also see CEMETERIES.
BVA
(see Board of Veterans’
Appeals)
CEMETERIES -
There is no charge
for a grave in
The family should
inform the funeral director that burial at
Saturday. Call (703) 695-3250 or (703) 697-9486. Voice mail can be left during
non-duty hours.
National Cemeteries in Indiana
Crown Hill
700 W. 38th Street
Indianapolis, IN 46208
(765) 674-0284
Marion National Cemetery
1700 E. 38th Street
Marion, IN 46952
(765) 674-0284
New Albany
1943 Ekin Avenue
New Albany, IN 47150
(502) 893-3852
State Cemeteries in Indiana
Indiana Veterans Home
3851 North River Road
West Lafayette, IN 47906-3851
(765) 463-1502
(Note) (The deceased must have been a resident of the Home to be buried here)
Indiana Veterans Memorial Cemetery
Madison, IN 47250
Contact:
(812) 273-9220
Note: Public Law 108-183 allows
State cemeteries to apply for and receive the veterans’ burial plot allowance
of $300 normally paid for veterans not buried in a Federal cemetery and who
were discharged for service-connected disability(ies), was receiving VA pension
or compensation or who died in a VA facility or contracted nursing home.
Also see Burial - National and State Cemeteries
CHAMPVA
Eligibility: Spouse, surviving spouse and dependent children of a veteran
rated as permanently and totally service connected disabled - or - who died as
a result of a SC disability - or - died while on active duty in line of duty.
They are still eligible after they become eligible for Medicare.
Contact:
1-800-733-8387
For Claims, contact:
CHAMPVA Center
Denver, CO 80206-5024
Note: dependent children are those under the age of 18 - or - who became
incapable of supporting themselves before attaining the age of 18 - or -
are still attending school (up to age 23). Childrens’ eligibility not affected by
divorce or remarriage of spouse or surviving spouse (except, step-
children’s relationship ceases upon divorce of the spouse from the veteran).
Application: VA Form 10-10D
Claims: VA Form 10-7959A
If the veteran
has died and the spouse, who was previously enrolled in CHAMPVA reaches the age
of 65 and becomes eligible for Medicare, CHAMPVA will become the second payor
after Medicare and any other Medigap (supplemental) policies.
If the spouse remarries before
reaching age 55, he/she will regain eligibility of the health benefit if the
subsequent marriage is terminated due to death or divorce. Effective Feb. 4,
2003 if they remarry after reaching age 55, even while married, they
will retain eligibility for the health benefit.
If the spouse remarries after reaching age 65, he/she retains full eligibility (health insurance, home loan and education benefits), even while married.
Complete another VA Form 10-10D and VA Form 10-7959c (Other Health Insurance Certification).
CLAIMS
Claims are
submitted to VA for benefits due veterans under various VA laws/ regulations.
Claims for
compensation and claims for pension for either the veteran or their surviving
spouse are effective on the first day of the month following the month they are
received by VA.
Claims should be
submitted with substantiating documentation. For example, all claims for
compensation or pension should have a certified copy of the veterans discharge
attached (DD214 or Report of Separation, not the discharge certificate); if the
veteran is married, submit a copy of the marriage license or certificate; if
there are unmarried, dependent children still at home, submit birth
certificate(s); if the veteran or spouse
is on Social Security and is applying for Improved Pension, submit Social
Security Award letter; and if the veteran has medical records from a civilian
doctor which could be used to substantiate his claim, submit copies. Death
certificates and divorce documents are not required if all names dates, and
places are shown on the claim application.
The veteran or
surviving spouse should always appoint one of the veterans organizations at
VARO as his/her Power of Attorney. Use VA Form 21-22 and the County VSO
supplement sheet.
To give a detailed
account of the veteran's claim, recommend the use of VA Form 21-4138, Statement
in Support of Claim for that purpose. It enables the veteran to give full and
complete details of what he/she is claiming.
Minimum forms to submit a new claim:
VA Form 21-526 (or 21-534 or 21-535
for DIC/Death Pension);
VA Form 21-22 and CVSO supplement sheet
VA Form 21-4138.
Also see VA FORMS
CLOTHING
ALLOWANCE
Veterans with
service connected disabilities which require them to use a wheelchair or other
prosthetic or orthopedic devices which may wear out or tear their clothing, may
receive an annual clothing allowance of $ 677.00, payable the last of August
each year. The veteran must apply
by August 1st, each year. The allowance is also applicable to a
veteran with a skin condition for which he uses a cream or other medication
which may permanently stain the clothing.
Application: VA Form 21-8678
COMBAT-RELATED
SPECIAL COMPENSATION (CRSC)
Effective January 1, 2004, CRSC will be paid for any combat- or training-related disabilities rated anywhere from 10% to 100%. Retirees must apply to their parent service for CRSC payments, and they will continue to receive their full retired pay.
Previously, Combat-Related Special Compensation (CRSC) laws paid only for disabilities which were rated by VA as 60% or higher disabling and were caused by combat conditions, or simulated combat conditions (such as training), or for disabilities which resulted in the award of the Purple Heart medal, regardless of the rating.
The 2008 National Defense Authorization Act (NDAA) as signed into law on January 28, 2008 to include Chapter 61 retirees, a new component for Combat-Related Special Compensation (CRSC). This legislation expands eligibility to medically discharge retirees with less than 20 years of service, effective January 1, 2008. Medically retired veterans must still provide documentation that shows a causal link between a current VA disability and a combat related event.
The Army web site is www.crsc.army.mil Direct questions toll free to 1-866-281-3254, local (703) 325-5163 Fax: (703) 325-0144
The Navy website is http://www.hq.navy.mil/ncpb/CRSCB/combatrelated.htm
Neither the Branch nor the NCPB Webmaster is staffed to accept or respond to telephone or email inquiries. Mail requests to the Branch and they will respond to them as soon as practicable. In order to more efficiently process the large volume of applications received, please allow the time specified in the Initial Notification of Receipt to expire before making inquiries into your case. Additional information is available at the CRSC Branch toll-free information line at 1-877-DON-CRSC (1-877-366-2772), or by mailing to the CRSC Branch..."
Previous Denials for 10-to-50% Ratings:
For those retirees who were previously denied CRSC under the 2003 program because their combat-related disabilities were rated at 10-to-50% an automatic approval process was implemented. If you are in this category, please do not reapply. You should receive an approval letter by February 2004. If you do not receive an approval letter within this timeframe and you believe you should have, feel free to mail an inquiry to the Branch. (See the address at the end of this section).
Previous Purple Heart-Related Approvals Containing other Combat-Related Disabilities:
For those retirees who were previously approved for CRSC under the 2003 program because they had Purple Heart-related disabilities but who did not receive CRSC for other combat-related disabilities because their total combat-related percentage was below 60%, they have implemented an automatic approval process. If you are in this category, please do not reapply. You should receive an approval letter by February 2004. If you do not receive an approval letter within this timeframe and you believe you should have, feel free to mail an inquiry to the Branch at the address listed below.
Department Of The Navy
Naval Council Of Personnel Boards
Combat Related Special Compensation Branch
The Air Force website is: http://www.afpc.randolph.af.mil/disability/CRSC/CRSCnew.htm
Supporting documentation is essential to the review of each CRSC claim. The burden is upon you to provide supporting documentation to the best of your ability. They need to verify the cause of your diagnosis, or we cannot determine it to be combat related. Please include a complete copy of all documentation you have from the VA, especially documents that provide original VA rationale for determining your disabilities are service connected, documents that provide diagnostic codes, documents that indicated the current rating of your disabilities, and documents that show a condition as secondary or presumptive.
The address for applications from retired Air Force members is:
Disability Division (CRSC)
Randolph AFB TX 78150-4708
If you need assistance or have any questions, please contact the AF Contact Center, DSN 665-5000; Commercial (210) 565-5000 or toll free 1-866-229-7074.
The US COAST GUARD website is http://www.uscg.mil/hq/psc/customerconnection/cr.htm
General tips: There is no particular problem with VA records verification, because the Coast Guard simply denies applications that are not verifiable with the M-13 record or the initial VA rating summary.
The CR Legislation advice to a "Coast Guard applicant is more pointed than to retirees of the other Services. Take your time, document your block 13 description and correlate it to your condition especially well and stay credible. Remember, a large and amorphous bureaucracy is not handling your application, but by the Coast Guard, whose leadership is focused and bright. If you take these steps, we feel your service will do the best it possibly can to accommodate credible and well-documented and correlated applications.
The address for US Coast Guard CRSC and CDP inquires:
Commander (Adm-1-CRSC)
US Coast Guard
Personnel Command
Telephone: 1-800-772-8724
To
be eligible for VA Compensation, veterans must have a service connected
disability; one which occurred while in service or one which occurred
prior to but was aggravated during the service. Veterans can file years
later for compensation, but some chronic (lingering, continuous)
diseases must manifest (display, or exhibit) themselves within 1 year after
discharge.
Claims
filed within 1 year after discharge are back-dated to the date of discharge.
Application must
be in writing - either formal or informal.
Formal Application: VA Form 21-526
Informal Application: VA Form 21-4138
Minimum forms needed to submit a claim for Compensation for Service-Connected Disability:
VA Form 21-526, Parts A, B and C; VA Form 21-4138 (to explain in detail items
for which there was not enough room on the VA Form 21-526); VA Form 21-22 and
CVSO Supplement to assign representation; VA Form 21-4142 to release medical
records from private physicians/facilities.
Minimum documentation needed to complete the claim: Certified copy of DD
Form 214 or Report of Separation; copy of marriage license, copy of birth
certificates of dependent children. Death certificates and divorce documents
are not required if all names dates, and places are shown on the claim
application.
Also see INFORMAL CLAIM.
CONCURRENT
DISABILITY PAYMENTS (CDP)
Those
military retirees who have service-connected disabilities rated at 50% or higher
which are not combat- or combat training-related, but were incurred or
aggravated while serving in the military, will receive all of their VA
compensation, at whatever current rating they have, but only a percentage of
their military retired pay until the year 2014, when they will get full
concurrent receipt of both.
Effective January 1, 2004, they will receive
their full VA disability compensation, but the amount of retired pay they will
be able to draw depends on their VA disability rating.
Veterans rated at 100% disabled and those
rated 100% due to unemployability will be able to draw 100% of their retired
pay and full VA compensation.
Veterans rated 90% draw $500 of their retired
pay and full VA, currently $1,344; or more if dependents.
The remaining schedule is as follows:
80% disability, $350 per month;
70% disability, $250 per month;
60% disability, $125 per month; and
50% disability, $100 per month.
No concurrent receipt for retirees rated 40%
or below. They must continue
to have their VA disability compensation payments subtracted from their
military retired pay.
Each year for the next 10 years, the amount
of the retired pay they will be able to draw in addition to their VA disability
compensation will increase thusly:
In 2005 the retiree would get an additional
10% of the remaining offset in his retired pay. Example: if the veteran’s
retired pay was originally $1500, he would start out getting the $750, leaving
an offset of $750. In the year 2005 he would get 10% of the $750, or $75,
leaving an offset of $675. The amount of retired pay he is now drawing is $750
plus the $75, or $825.
In 2006 the retiree would get an additional
20% of the remaining offset in his retired pay. Using the example above, he
would get 20% of the remaining $675, or $135. Added to the retired pay he is
already getting, he is now drawing $960 retired pay with an offset of $540. In
2007 an additional 30% of the offset. In 2008 an additional 40% and so on until
January 2014 when they will be receiving their full military retired pay.
A service member who is 50% service-connected
disabled and retires in the year 2008 starts out at the $100 per month and the
additional 40% of the offset immediately, not the 10%. A service member who is
50% service-connected disabled and retires in the year 2014 will get full VA
compensation for the 50% rating and full military retired pay.
National Guard and Reservist career retirees
will be treated the same as active duty retirees and are included in both
programs.
Disabled retirees who qualify for both programs would have to choose between one or the other. Retirees cannot draw compensation from both programs. Because the CRSC program provides full payment immediately, rather than the 10-year phase-in, legislators plan to allow an annual election option for the CRSC-eligibles. This recognizes that a retiree who is 100% disabled, but only 60% of that is due to combat-related conditions, may find it advantageous to elect CRSC payments for a few years until the concurrent receipt payment rises to a level that exceeds the CRSC payment. Because CRSC payments are tax-free and retired pay is not, this could also figure into the qualifying retirees decision of which pay to accept.
CONCURRENT RECEIPT (of
VA benefits and retired pay)
”Concurrent Receipt” is a term
used to describe the receipt of both military retired pay and VA compensation
by military retirees who have service-connected disabilities. These veterans
fall into two categories:
Combat-Related Special Compensation: Veterans receiving VA compensation for a disability or disabilities which were incurred as a direct result of armed conflict; or while engaged in hazardous service; or in the performance of duty under conditions simulating war (training); or through an instrumentality of war (such as accidental gunfire, exposure to Agent Orange, accidents in military vehicles, Gulf War Syndrome) and has been rated by VA as 10% or higher disabling can draw their VA compensation equal to whatever their VA rating is and their full military retired pay.
See Combat-Related Special Compensation (CRSC).
Concurrent Disability Payments (CDP): Veterans who have a VA rated disability or disabilities which are service connected but not related to the conditions outlined above and which are rated as 50% or higher disabling can draw their VA Compensation and their retired pay phased in increasing increments over a ten-year period until they are getting their full retired pay by the year 2014.
See Concurrent Disability Payments (CDP).
COPAYMENTS (at VA
Medical facilities)
Veterans
receiving care for non-service connected causes whose income/net worth exceed
certain amounts are required to make a copayment for care received at the VAMC.
There are some
exceptions:
** Veterans
receiving VA pension are exempt from making the outpatient copayment (but
not necessarily the prescription copayment).
** Copayment
obligation is waived for military retirees eligible for care under the TRICARE program (Millennium Health Care &
Benefits Act).
Also see: VA MEDICAL CENTER
DATES IN HISTORY TO REMEMBER
May 8, 1945: V.E. Day (Victory in
May 30, 1868: Memorial Day (Formerly Decoration Day)
June 6, 1944: D-Day (
June 14, 1777: Flag Day (Birthday of the American Flag)
July 4, 1776: Independence Day (Declaration of Independence signed)
August 6, 1945: Atomic Bomb dropped on
August 9, 1945: Atomic Bomb dropped on
August 15, 1945: V.J. Day (Victory over
September 3, 1955: Armed Forces Day (Changed from Victory Day in 1995)
September 11, 2001: Terrorist Attacks on the
3rd Thursday in September annually: POW/MIA Remembrance Day
November 11, 1918: Veterans Day (Formerly Armistice Day)
December 7, 1941:
DEATH PENSION (Non-service connected death of veteran)
This pension
has also been called Widow’s Pension.
Veteran must have
been discharged under conditions other than dishonorable and must have had
90 days or more of active military service, at least one day of which
was during a period of war - or - a service connected
disability justifying discharge for disability. Veterans who entered
active duty on or after Sept 8, 1980, or officers who entered active duty on or
after Oct 16, 1981, may have to meet a longer minimum period of active duty.
Payable to
the unremarried surviving spouse of the veteran and unmarried children
under 18 or until age 23 if attending VA approved school.
Pension is based on
need and all income of the spouse, including Social Security, is included.
Benefit not payable to those with estates large enough to
provide maintenance ($80,000
or more).
Note: The Pension Center has
indicated that they will grant pension for one year to survivors based on their
income after paying the veteran’s funeral expenses, and will review the pension
after that one year. Our experience has shown that it takes several months to
stop a pension once it starts and the survivor may have to pay back some of the
money if VA continues to send the pension after the end of that one year.
Survivors who apply for pension based on their annual income after paying
funeral expenses should be aware of this possibility.
Application: VA Form 21-534
Minimum forms needed to submit a claim for Non-Service Connected Death
Pension:
VA Form 21-534; VA
Form 21-4138 (to explain in detail items for which there was not enough room on
the VA Form 21-534); VA Form 21-22 and CVSO Supplement to assign
representation; VA Form 21-4142 to release medical records from private
physicians/facilities; VA Form 21-2416 to report medical expenses.
Minimum documentation needed to complete the claim: Certified copy of DD
Form 214 or Report of Separation; copy of marriage license, copy of birth
certificates of dependent children, copy of Social Security Award letter, if
applicable. Death certificates and divorce documents are not
required if all names dates, and places are shown on the claim application.
Also see DIC if death was due to a service connected
condition
Also see RATE TABLES
Recently discharged veterans
who served on active duty 90 days or more and who apply for VA dental care
within 180 days (previously 90 days) of separation from active duty, may receive
a one time dental treatment if their certificate of discharge does not indicate
that they received necessary dental care within the 90-day period prior to
their discharge.
Other veterans who may be eligible
to receive dental care include:
1. Veterans with service-connected, compensable
(at least 10% rating) dental conditions.
2. Former POWs.
3. Veterans with service-connected,
non-compensable dental conditions which resulted from combat wounds or service
injuries.
4. Veterans with nonservice-connected dental
conditions determined by VA to be aggravating a service-connected medical
problem.
5. Veterans with service-connected conditions
rated permanently and totally disabling or 100% by reason of permanent
unemployability.
6. Veterans in a VA vocational rehabilitation
(Voc Rehab) program.
7. Certain enrolled homeless veterans.
8. Veterans with nonservice-connected dental
conditions who received dental treatment while an inpatient in a VA facility.
9. Veterans requiring treatment for dental
conditions clinically determined to be complicating a medical condition
currently under treatment.
DEPENDENCY AND INDEMNITY COMPENSATION (DIC)
1. Eligibility: unremarried surviving spouse
under age 57 (or surviving spouse under age 57 for whom all
subsequent marriages have ended in death, divorce, or annulment), of
a veteran who died of:
(a) a disease or
injury incurred or aggravated in line of duty while on active duty or
active duty for training or
(b) an injury
incurred or aggravated in line of duty while on inactive duty for
training, or
(c) a disability
compensable by VA. Death cannot be due to willful misconduct.
- or -
2. Surviving spouse of a service-connected veteran who remarried after reaching age 57, regardless of whether or not he or she is still married.
Note: Remarried surviving spouses over
age 57 who previously remarried prior to January 1, 2004 must have applied
prior to December 16, 2004 or they will not be eligible to regain their DIC..
DIC may also be
authorized if the death was not due to service connected causes but
the veteran was totally service connected disabled and had been
so rated , or could have been so rated, for ten continuous years
preceding his death (five years if he was so rated from his date of
discharge).
In all
cases, discharge must have been under other than dishonorable conditions.
Surviving
spouses of ex-POWs may be eligible for DIC if the veteran was rated
100% service-connected disabled
(including unemployability) for one year or more preceding his death from any cause.
DIC may also be authorized for the surviving spouse of a veteran who died or was killed while still on active duty or, in the case of a Guardsman or reservist, died or was killed while on drill weekend or annual training.
Note: Survivor Benefits
for Active Duty Deaths: The FY2007
Defense Authorization Act that Congress passed on 30 Sep 2006 and the President
signed into law allows surviving spouses of members who died on active duty
since 7 OCT 01 the option of transferring Survivor Benefit Plan (SBP) coverage
to a child or children, if any. This
effectively allows the survivor to receive both Dependency and Indemnity
Compensation (DIC) from the VA and SBP from the military, without having the
former deducted from the latter.
However, transfer to the child is irrevocable, and eligibility is not
restored to the spouse when the youngest child loses dependent status.
An additional $233
per month can be paid if the veteran died after Jan. 1, 1993, was
receiving or entitled to receive compensation at the 100%
service connected rate (including individual unemployability) for a
continuous period of at least 8 years immediately prior to the death AND
the surviving spouse was married to the veteran for the
Current monthly DIC is $1,091.00
Add $250 per month for each dependent child under age 18.
Add $128 per month if spouse is housebound
Add $271 per month if spouse requires A&A
Application:
VA Form 21-534 (Spouse and children)
VA Form 21-535 (Parents)
Minimum forms needed to submit a claim for DIC:
VA Form 21-534; VA
Form 21-4138 (to explain in detail items for which there was not enough room on
the VA Form 21-534); VA Form 21-22 and CVSO Supplement to assign
representation.
Minimum documentation needed to complete the claim: Certified copy of DD
Form 214 or Report of Separation; copy of marriage license, copy of birth
certificate of dependent children. Death certificates and divorce documents are
not required if all names dates, and places are shown on the claim application.
Also see DEATH PENSION if death was due to a
non-service connected
condition.
Also see RATE TABLES.
DISCHARGES (DD Form 214 or Report of Separation)
Some DD 214s are
available from IDVA:
1989 – Current: IDVA
1979 – 1988:
Jan 31, 1955 - 1978:
1950 – Jan. 30, 1955: Archives (IDVA)
1940 – 1946: Archives (IDVA)
1917 – 1921: Archives (IDVA)
1861 – 1865: Archives (IDVA)
To obtain DD 214 or Report of Separation from IDVA, call (800) 400-4520. Make a note of who takes your call and allow 5 working days for delivery. Information required: name, date of birth, branch of service, Social Security number and year of separation from service.
For those discharges not available
from IDVA, request from the National Personnel Records Center (NPRC) at
The VA Regional Office can
sometimes verify service and will e-mail or fax a confirmation letter directly
to the CVSO.
For National Guard discharges
(NGB Form 22): call 1-317-964-7048 (Historical Branch at the Military
Department of Indiana, Stout Field,
Honorable: eligible for all applicable veterans benefits.
Under Honorable Conditions (General): eligible for most veterans benefits.
Under Other Than Honorable Conditions (UOTHC): significant veterans benefits denied.
Entry Level Separation: does not characterize the service as either good or bad.
Bad Conduct Discharge (BCD): punitive discharge – ineligible for any veterans benefits.
Dishonorable Discharge (DD): punitive discharge, more severe than a BCD. Ineligible for any veterans benefits.
Dismissal: commissioned officer or cadet. Equivalent to DD for an enlisted member.
Upgrade of Discharges: Any decision made by a board for correction of military records is binding on the VA.
Discharge
upgrades for veterans who have been discharged for less than 15 years
are applied for on DD Form 293, Application for Review of Discharge or
Dismissal from the Armed Forces of the United States.
Discharge upgrades for veterans discharged more than 15 years ago are applied for on DD Form 149, Application for Correction of Military Record. The applicant must explain why it is in the interest of justice to excuse the failure to apply within the prescribed time (3 years). (Most applicants are unaware they must reply within 3 years.)
The following organizations regularly furnish representation at no charge to the applicant:
The American Legion, Disabled American Veterans, and Veterans of Foreign Wars. Complete VA Form 21-22 assigning one of the organizations as the applicant’s representative and forward the application through that organization at the VA Regional Office.
DISCRIMINATION
The Americans
with Disabilities Act prohibits discrimination against veterans just because
they are disabled. As long as they can perform their job, an employer must
provide reasonable accommodations, such as modifying the work schedule or
modifying equipment to make it easier to use. The ban applies to the
initial hiring stage, promotions, pay, health insurance and other terms of
employment.
PVA (Paralyzed
Veterans of America) or DAV (Disabled American Veterans) should be able to
intercede for the veteran. 1-800-242-4782 is the KY/IN Chapter of PVA.
EEOC Indianapolis is 1-317-226-7210;
The VA is obligated, by law, to
assist veterans in the development of their claims. For this reason, VA after
receipt of the claim from a veteran, will send a letter informing the veteran
of receipt of the claim and the approximate length of time it normally takes to
make a decision.
Additionally, VA will ask the
veteran if there is any other evidence they wish to submit in support of their
claim. This additional evidence could consist of medical records from the
veteran’s doctor or doctors. This is information which is normally sent with
the initial claim. But VA is obligated to ask if there are any more doctors who
might have records relating to the claimed disability.
If no
additional evidence or information is available, the veteran will sign the
enclosed VCAA Notice Response sheet indicated this and mail back to their
assigned POA or the Veterans’ Administration whichever is appropriate.
EDUCATIONAL BENEFITS (GI Bill) (Active Duty) (Chap 30)
Eligibility:
serve 3 years continuous active duty after June 30, 1985 - or - serve 2 years
active duty followed by 4 years satisfactory participation in Selected
Reserves. If required period not served, must have been discharged for
service connected disability, for a pre-existing medical condition
or involuntarily separated due to a reduction in force.
Note: if released
for convenience of the government, must have served at least 20 months of
an obligation of less than 3 years, or 30 months of an obligation of 3
years or longer.
Must have had $100
per month reduction in pay for the first 12 months of their service
(non-refundable).
Note: In case of death
before entitlement is used, the next of kin may get the unused portion.
Benefit: 36 months
based on 3 years continuous active duty.
Eligibility:
normally ends after 10 years. Date may be extended if unable to train
because of a disability.
Discharge: must
be honorable. No others accepted.
Questions:
1-888-442-4551
Application: VA
Form 22-1990.
EDUCATIONAL BENEFITS (Chapter 35) (100% SC Disabled)
Eligibility:
spouse, surviving spouse, children.
Living veteran:
must be permanently and totally disabled from service-connected condition.
Deceased veteran:
must have died as a result of a disability incurred while in active
service - or - died while rated permanently and totally disabled from a
service connected disability.
Benefit: up to 45
months of educational benefits. A previous limitation of 10 years to use the
entitlement was recently invalidated by the Court of Appeals for Veterans
Claims. There is no longer a time-limit on eligibility for spouses.
Questions: 1-888-442-4551
Application: VA Form 22-5490
Note: If permanent and total disability rating is withdrawn, or if the
veteran returns from POW or MIA status, the spouse or children can
continue to the end of the current quarter, then entitlement stops.
Note: If spouse remarries, entitlement stops, but children’s continue.
Marriage of children has no affect on benefits, only age (18 to 26
eligible).
Note:
EDUCATIONAL BENEFITS (GI Bill) (Selected
Reserves) (Chap 1606)
Eligibility: Enlist or extend for 6
years or more. Must complete initial period of active duty training and have
high school diploma or equivalent before completing IADT.
Benefit: 36 months of educational
assistance.
For those who stay in the Selected
Reserves, eligibility ends 10 years from the date eligibility began if the
reservist became eligible before October 1, 1992 - or – 14 years from the date
eligibility began if the reservist became eligible on or after October 1, 1992,
- or - the date of separation, whichever comes first. The date may be extended
if unable to train because of a service connected disability.
If the reservist leaves the Selected Reserves prior to the eligibility-ending date, they could retain eligibility if:
Separation was because of a disability that wasn’t caused by misconduct – or –
The reservist’s unit was
inactivated or the reservist was otherwise involuntarily separated during the
period October 1, 1991 through December 31, 2001.
Must have satisfactorily participated in
drills.
Application: VA Form
22-1990
**Guardsmen/Reservists may retain eligibility for five years after separation
if they stay in 10 years or more after their GI Bill eligibility began.
Questions: 1-888-442-4551
EDUCATIONAL BENEFITS (GI Bill) (Selected
Reserves) (Chap 1607)
This program is called the Reserves Education Assistance Program (REAP)
Eligibility: A member of a reserve component who serves on active duty
on or after September 11, 2001 under title 10 U.S. Code for a contingency
operation and who serves at least 90 consecutive days or more is eligible for
chapter 1607. National Guard members also are eligible if their active duty is
under section 502(f), title 32 U.S.C. and they serve for 90 consecutive days
when authorized by the President or Secretary of Defense for a national
emergency and is supported by federal funds. Individuals are eligible as soon
as they reach the 90-day point whether or not they are currently on active
duty. DoD will fully identify contingency operations that qualify for benefits
under chapter 1607.
Disabled members who are injured or
have an illness or disease incurred or aggravated in the line of duty and are
released from active duty before completing 90 consecutive days are also
eligible.
Benefit: 36 months of full time entitlement at the service
member’s given rate. A Chapter 1607 participant may not use more than 48 months
of entitlement under any combination of VA Educational programs. For example,
if they’ve already used 20 months of Chapter 1606, they will only receive 28
months of Chapter 1607. Remember, that's 36 months at the full time training
rate.
Changes made by the
2008 National Defense Authorization
Act
** Effective 10/1/2008 reservists otherwise eligible
for MGIB-SR or REAP may receive accelerated payments for a non-degree program
lasting 2 years or less. More information will be provided at a later date.
** The 2008 NDAA has made the 80% rate available to anyone who was mobilized
for at least 2 continuous years of active duty OR
served multiple mobilizations totaling 3 years or more. All qualifying
mobilization periods beginning on or after 9/11/2001 may be used to determine
eligibility for the 80% rate.
Payment of the higher rate is not authorized prior to January 28, 2008, the
effective date of the law.
** Eligible REAP participants may now participate in the “buy-up” program.
Eligible reservists may pay up to $600.00 to increase their monthly rate of pay
by as much as $150.00 per month. You must be a member of a Ready Reserve
component (Selected Reserve, Individual Ready Reserve, or Inactive National Guard)
to pay into the “buy-up” program.
** Members who were called up from the Selected Reserve, completed
their REAP qualifying period of active duty service, and then returned to the
Selected Reserve for the remainder of their service contract are now eligible
for REAP benefits for 10 years upon separation. In addition, members who
were called up from the Individual Ready Reserve (IRR) or the Inactive National
Guard (ING), completed their REAP qualifying period of active duty service, and
then entered the Selected Reserve to complete their service contract are now
eligible for REAP benefits for 10 years upon separation.
** A member who is involuntarily separated from the Selected Reserve due to a
deactivation of his or her unit is now eligible for MGIB-SR for a period of 14
years from their original date of eligibility. The deactivation must occur
between 10/31/2007 and 9/30/2014.
This provision is effective January 28, 2008, the effective date
of the law. Reservists who were separated between 10/31/2007 and 1/28/2008 may
receive benefits for training beginning on or after January 28, 2008.
** Under previous regulations reservists who
had a break in service of 90 days or less maintained their eligibility to REAP.
The new law has expanded that eligibility to anyone having a break in service
(regardless of length) as long as they continue to serve in another component
of the Ready Reserve (such as IRR or ING) during the break in service.
Application:
If no Education Claim to has
ever been submitted to VA:
Submit VA Form 22-1990 and include available documents such as the Discharge
from Military Service (DD Form 214), copies of orders to active duty and
anything else available as evidence of qualifying service. Annotate
"Chapter 1607" prominently on all correspondence and documents.
If the member thinks they have eligibility under both MGIB-Selected Reserve and
REAP, state which benefit they want. The statement is as simple
as "I request payment of REAP benefits."
If a claim for Education has previously been filed:
A new application form is not required. However, the reservist should submit
any available documents such as the Discharge from Military Service (DD Form
214), copies of orders to active duty and anything else available as evidence
of qualifying service to help establish eligibility for this program. Submit VA
Form 22-1995 which should be annotated "1607." Annotate
"Chapter 1607" prominently on all correspondence and
documents. If the reservist thinks they have eligibility under both
MGIB-Selected Reserve and REAP, they should state which benefit they want.
EDUCATIONAL BENEFITS (GI Bill) (State Approving Agency)
Eligibility:
veterans who have GI Bill eligibility may use this state benefit.
Applicability: In
addition to being able to attend college (both state and private) on the GI
Bill, GI Bill benefits may also be collected while attending other types
of training programs. These include: non-college degree programs, medical
educational programs, beauty and barber schools, police academies, flight
schools, apprenticeship programs, and law enforcement programs.
A complete list of
approved programs is contained in the IDVA/SAA publication entitled
Directory of Approved Programs for Education Benefits or by calling IDVA/SAA
at 1-800-400-4520.
Applications: VA
Form 22-1990 (Student) and VA Form 22-1999 (Student & Employer) Send
application to the Educational Center at St. Louis,
Website: www.in.gov/veteran
and click on SAA.
EDUCATIONAL BENEFITS (Remission of Fees) (State)
Eligibility:
biological or adopted child of any age attending state supported college
or university and has lived in Indiana for at least a year and:
father or mother can prove residence
for 36 consecutive months (filed State income taxes) in the state of Indiana at
some point in their life and:
father or mother
served during specified wartime period (service in
was discharged under conditions other than dishonorable and:
was wounded or gassed or disabled as evidenced by DoD or VA records - or -
has service connected disability - or -
received the Purple
Heart Medal or can produce other proof the veteran suffered a wound or wounds
in action..
Benefit: 100% of
tuition fees paid at state supported colleges and universities.
Application: State
Form 2234
Supported Colleges/Universities:
IVY Tech Community College of Indiana (all locations)
Graduates of
Note 1: If either parent was POW or MIA after 1961 (
Note 2: Student is ineligible if student has a grant from Indiana Higher
Education.
Note 3: This benefit is for the child, no matter what the age or marital
status.
Note 4: veteran and/or spouse are ineligible.
Note 5: stepchildren are not eligible. Only biological or adopted children.
Children adopted by grandparents are eligible. All must be adopted by age 24.
Note 6: National Guard soldiers are eligible for 100% tuition. Remission of
Fees pays remainder after all other grants, etc are exhausted.
Note 7: Out-of-State students are not eligible.
Questions, call IDVA at 1-800-400-4520.
Effective
March 2008, a Purple Heart Medal recipients who, after September 10, 2001, enters on active duty service from a permanent
home address in Indiana;
1. Receives an honorable
discharge;
2. Receives the Purple Heart
decoration for service.
3. Is eligible to pay the resident
tuition rate at the state educational institution the person will attend as determined
by the institution; and
4. Possesses the requisite
academic qualifications.
is entitled to enter, remain, and receive instruction in a state educational
institution upon the same conditions, qualifications, and regulations
prescribed for other applicants for admission to or scholars in the state
educational institution, without the payment of any educational costs for one
hundred twenty-four (124) semester credit hours in the state educational
institution.
The maximum amount that an eligible applicant is exempt
from paying for a semester hour is an amount equal to the cost of an
undergraduate semester credit hour at the state educational institution in
which the eligible applicant enrolls.
The amount of the benefits under this chapter is equal to one (1) of the
following:
1. If the eligible applicant does
not receive financial assistance specifically designated for educational costs,
the amount equal to the remission of fees outlined above.
2. If the eligible applicant
receives financial assistance specifically designated for educational costs, the
amount of the remission of fees minus the financial assistance specifically
designated for educational costs.
EDUCATIONAL BENEFITS (VEAP) (Chapter 32)
Eligibility:
Must have entered the service between Dec. 31, 1976 and
Mar. 31, 1987. For every $1 contributed, the government contributed $2.
Max
contribution $2700. 12 months max, $25 per month minimum.
Benefit: Maximum 36
months of educational assistance.
Cut-off: 10 years
from date of release or discharge from active duty. Date
may be extended if unable to train due to disability.
Note: although this program ended Mar. 31, 1987, for active duty a
one-year
enrollment period commenced Oct. 1, 2000. VEAP can convert to MGIB.
Note: If veteran was discharged under conditions less than honorable,
veteran
should have received a refund within 60 days equal to the amount contributed.
Application: for
refund of unused portion of benefit: VA Form 5281.
Questions: 1-888-442-4551
EMERGENCY CARE (in a non-VA facility)
VA is required
to pay reasonable costs for emergency care provided in a non-VA facility
(civilian hospital, for instance).
Veterans who are admitted under
emergency conditions to a civilian hospital and who have received care at
the VAMC within the past two years and have no insurance (including
Medicare) may be eligible to have the emergency costs reimbursed by VA,
but VA must be notified as soon as possible and the veteran must be prepared to
prove that the emergency was so critical that there was no time to get to a VA
facility.
Note: Veterans
rated 50% or above disabled or veterans receiving VA Improved Pension at the
Housebound or Aid & Attendance (A&A) rate and who have been
approved Fee Basis status may also be eligible for reimbursement
of emergency care costs but should receive approval by VA before being
taken to a non-VA facility or hospital.
Also see: FEE BASIS.
Also see: RATE TABLES.
EVR
(Eligibility Verification Report)
Veterans or
their survivor collecting monthly VA pension must annually complete an EVR
unless their only income is Social Security and it is below the maximum
allowable rate (MAR) (see RATE TABLES).
Beginning around
1996 VA stopped sending EVRs to those veterans or survivors in the above
category. The only problem with that system is if the veteran or the
survivor had a lot of medical expenses to claim (which in turn would
increase the amount of their monthly VA pension check), VA would have no
way of knowing about it. For that reason, it is important that the veteran who
has medical expenses keeps the VA informed.
To claim medical
expenses, complete VA Form 21-8416.
Consult MEDICAL EXPENSES to determine allowable medical
expenses.
Consult MEDICARE PART B DEDUCTIONS to determine the
amount allowed as a deduction for the year in question.
For most
veterans/survivors in this group, the required forms are the EVR form (VA Form
21-05---- series of forms) and the Medical Expense Report (VA Form 21-8416).
The purpose of completing these forms is to keep the veterans/survivors income
below the VA’s maximum allowable rate (MAR) so they can continue to
receive the VA pension benefit.
Applications:
Veteran with no children: VA Form 21-0516-1
Spouse of deceased veteran: VA Form 21-518-1
Medical Expense Report: VA Form 21-8416
EVR’s are now processed by the VA Regional Office at
Dept of Veterans Affairs
FAMILY MEDICAL
LEAVE ACT
On January 28, 2008 President Bush
signed into law a bill that expands the Family Medical Leave Act (FMLA) to
include leave for military families. Specifically, employers must provide 26
weeks of FMLA leave during a single 12-month period to permit a "spouse,
son, daughter, parent, or next of kin" to care for a "member of the
Armed Forces, including a member of the National Guard or Reserves, who is
undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient
status, or is otherwise on the temporary disability retired list, for a serious
injury or illness." This portion of the expansion became effective
upon the president's signature and is part of the 2008 National Defense
Authorization Act (NDAA).
FEE BASIS PROGRAM
The Fee Basis
Program is one by which the veteran can receive out-patient care by their
own private physician and have it paid for by the VAMC. This includes
prescription medicines if they are stocked by the VAMC.
Service connected (SC) disabled veterans can be placed in the program for their SC disability only.
Veterans who are receiving VA Improved Pension at the Housebound or Aid & Attendance (A&A) rate may be eligible for the program.
Veterans rated at 50% or higher SC disabled can receive fee basis for any condition not treatable at the VAMC.
If the disability or condition is not treatable by the nearest VAMC (conditions such as psychiatric or orthopedic), or if the VAMC is too far away for the veteran to make the trip comfortably, VA will consider the veteran for fee basis. For example, if the veteran is housebound, has had his legs amputated, and the doctor is only a few blocks away (as opposed to a 60 mile round-trip drive to the VAMC) it might be a case for fee basis.
Fee basis is considered on a case-by-case basis. Fully document the geographical as well as physical and medical circumstances which justify the veteran being treated by his/her own doctor rather than going to the VAMC.
Application: VA Form 10-10EZ with attached VA Form 10-10(M)
signed by the veteran’s doctor. Send to: VA
FINAL CHECK (Due to the death of the veteran)
If a surviving
spouse is not entitled to death benefits, the surviving spouse is
entitled to the veteran’s rate for the month of death. Further, if a veteran
was in receipt of pension and the surviving spouse's claim for death
benefits is disallowed, the application for death benefits (pension) will
be considered as a claim for the veterans rate for the month of death. If
the surviving spouse’s claim is denied, the check can be kept.
In other words, the
surviving spouse will be able to keep the check received on the first of
the month following the death of the veteran, if that surviving spouse
will not be eligible for Death Pension (sometimes called Widows Pension).
Note: Previously, the surviving spouse had a time limitation of two years to file for this and accrued benefits. Public Law 108-183 repealed that time limit.
Rather than filing VA Form 21-534, Application for Death Pension, recommend the VSO send VA Form 21-4138 to VA, signed by the surviving spouse, stating, "Since my income disallows me Death Pension, this is a claim for my spouse's check for the month of death. I have not returned the check."
If the surviving spouse is
eligible for death pension and if the veteran’s compensation or pension
check was more than the check the surviving spouse will receive, the spouse can
keep the last check received for the veteran. If the surviving spouse’s check
will be the higher of the two, the check should be sent back
If a TINQ (Treasury
Inquiry) shows that the veteran's check or direct deposit was returned, a
letter will be sent stating, "Since you are entitled to the veterans
payment for the month of death, you are not required to return the check
or direct deposit."
Notification of the veteran’s death: A phone call to the Regional Office is sufficient notification of the veteran’s death, although a death certificate will still need to be sent.
M21-1, Part IV, section 26.01(i)(1) says:
“(1) Consider any communication from the surviving spouse requesting the veteran’s rate for the month of death as a claim for this benefit. This includes a request over the telephone or written notification.” Auth 38 U.S.C. 5101.
If in
doubt, contact the local VA Regional Office at 1-800-827-1000.
See
HUNTING AND FISHING LICENSE, REDUCED FEE
The Golden Hoosier Passport enables
a disabled veteran of the U.S. Armed Forces, or a veteran eligible to receive a
prisoner of war license plate to obtain a Golden Hoosier Passport at half price
(2006 price was $36.00 – veteran cost $18.00)
The Golden Hoosier Passport entitles
the veteran, the veteran’s motor vehicle and the passengers of the vehicle to
unlimited admission for one (1) calendar year to the
Eligibility: The
disabled veteran must be eligible for a disabled veteran license plate or a
veteran who is issued a former prisoner of war plate as authorized by the
Indiana Department of Veterans Affairs (IDVA).
Application: The
veteran must apply at the nearest Department of Natural Resources (DNR) and
must show proof of eligibility for the license plate.
Gulf War veterans who suffer from chronic disabilities resulting from
undiagnosed illnesses, medically unexplained chronic multi-symptom illnesses
(such as chronic fatigue syndrome,
fibromyalgia, or irritable bowel syndrome) that are defined by a cluster
of signs or symptoms, and any diagnosed illness that the Secretary of Veterans
Affairs determines warrants a presumption
of service-connection may receive disability compensation. The
undiagnosed illnesses must have appeared either during active duty in the
Southwest Asia Theater of Operations during the Gulf War or to a degree of at
least ten percent at any time since then through December 31, 2011.
The following symptoms are among the
manifestations of an undiagnosed illness: Chronic Fatigue Syndrome and
Fibromyalgia, skin disorders, headache,
muscle pain, joint pain, neurological symptoms, neuropsychological symptoms,
symptoms involving the respiratory system, sleep disturbances, gastrointestinal
symptoms, cardiovascular symptoms, abnormal weight loss and menstrual
disorders. A disability is considered chronic if it has existed for at least
six months.
Presumptive service connection will be
granted to Gulf War veterans suffering from
amyotrophic lateral sclerosis (ALS), sometimes called Lou Gehrig’s
Disease. This action covers members of the armed services who deployed to
Gulf War veterans who have not had the VA
Gulf War protocol examination should contact the nearest VA facility.
HEADSTONES AND MARKERS
See BURIAL, HEADSTONE OR GRAVE MARKER.
Veterans, including
military retirees, who have a service-connected disability rated at least
10% disabled; who receive increased pension for aid & attendance or
being permanently housebound; are a former Prisoner of War or; who received a
Purple Heart Medal, can get their hearing aids free at the VAMC. They need only
enroll in the VA Health Care system at any VA Medical Center.
DoD Hearing
Aid Program
The
Retiree-At-Cost Hearing Aid Program (RACHAP) provides retired service members
the opportunity to purchase hearing aids at government cost. The hearing aids
are purchased directly from the manufacturer at substantial savings, often as
much as 300%, over the cost for the same hearing aids sold and fitted in the
civilian community. Unfortunately, the RACHAP is not available to family
members.
Retirees
are encouraged to call and inquire as to availability of the RACHAP at the
nearest Military Treatment Facility (MTF). If the RACHAP is available, the
retiree will be instructed on how to obtain an appointment in the Audiology
Clinic. At the appointment, a complete diagnostic evaluation will be performed
by the MTF Audiologist, along with any necessary medical referrals. If it's
determined that the retiree may benefit from the use of amplification, the
Audiologist will recommend a specific hearing aid(s) and prescription, along
with the total cost. At most MTF's, the retiree will be asked to provide
payment at the time the hearing aid(s) is ordered. Upon receipt, the retiree
will be scheduled for a Hearing Aid Fitting appointment.
MTFs are
at
HOME
IMPROVEMENTS and STRUCTURAL ALTERATIONS for DISABILITY ACCESS
VA provides up to $4,100
for service-connected veterans and up to $1,200 for non service-connected
veterans to make home improvements necessary for the continuation of treatment
or for disability access to the home and essential lavatory and sanitary
facilities. For application information, contact the prosthetic representative
at the nearest VA health care facility.
The following veterans must have served at least 90 days:
Served during World War II (9/16/40 – 7/25/47);
Served during the Korean War (6/27/50 – 1/31/55);
Served during the
Service during peacetime: must have served 180 days active service.
Veterans enlisting after 9/7/80 or commissioned after 10/16/81 must, in most cases, served at least 24 months.
Selected Reserves Eligibility: complete at least 6 years (not necessarily consecutive years) in the reserves or National Guard or was discharged for a service connected disability. Eligibility good through the year 2007.
Application: VA Form 26-1880
Others:
unremarried** spouse of veteran or reservist who died on active duty or as a result of service connected causes;
spouse of active duty servicemember missing in
action or a POW for at least 90 days.
**spouses who remarry regain eligibility when subsequent marriage ends.
Must be unmarried before they re-apply.
A new federal Internet-based system for
mortgage bankers and other lenders will speed up the processing of home loans
for veterans through the Department of Veterans Affairs (VA). Once the
veteran's information is entered by the financial institution providing the
loan, the lender will receive a certificate authenticating the veteran's
eligibility in seconds. The new system, called Automated Certificate of
Eligibility (ACE), should be especially beneficial for active-duty members and
veterans who are using their home loan benefit for the first time.
VA anticipates the ACE system
will be able to generate a certificate for 30 to 50 percent of these loans.
However, some loans will still require manual processing by VA, including
veterans whose eligibility is based on National Guard or Reserve service, those
with irregular discharges and those in several other situations. Where the new
electronic system is used, the eligibility certificate will be printed from the
lender's computer and it will be customized, bearing the date and lender's name
as well as a unique authorization number.
A veteran whose eligibility
involves special issues requiring the traditional staff review may still request
a certificate of eligibility in advance of approaching a bank or mortgage
company with a loan application by sending in VA Form 26-1880, Request for
Determination of Eligibility for VA Home Loan Benefits. All lenders
participating in the VA loan guaranty program have access to the system.
Veterans or service members interested in learning more about their VA home
loan benefits or who wish to obtain forms may visit www.homeloans.va.gov
on the Internet.
HOOSIER VETERANS SEAMLESS TRANSITION
PROGRAM
Another service offered by IDVA and the
State of Indiana is this first class transition service for demobilized members
of the National Guard and Reserves, as well as active duty soldiers. This
service brings various agencies together at a central location to help the
veteran with the processing of federal
and state claims and applications.
HOUSEBOUND (Special Monthly Compensation, SMC)
Eligibility:
veterans receiving VA Pension because they have a single disability rated
at 100% (not based on unemployability) as well as other disabilities
independently evaluated at 60% or more,
or are so severely disabled as to be housebound in fact, may be eligible
for this special monthly compensation (SMC).
Another way, if the
veteran is institutionalized, is to be substantially confined to the ward.
Widows or widowers
receiving Death Pension could also be eligible for this SMC.
Application: VA Form 21-2680 completed by the physician.
Some veterans who are in Priority
Group 7 at the VA Medical Center (subject to inpatient hospital copayments) and
who reside in areas determined by the U.S. Department of Housing and Urban
Development (HUD) to be high cost areas, may be eligible to have their VA
hospital inpatient copayments reduced by 80 percent, effective
retroactively to October 1, 2002.
Veterans who apply for VAMC
enrollment whose income is higher than the VA’s Means Test ceiling but lower
than the HUD Low Income ceiling, may be placed in Priority Group 8 and be
eligible to receive VA health care but they will be required to make the normal
co-payments for their care.
The HUD high cost areas are shown
below:
Metropolitan Area Counties Affected
Elkhart‑Goshen, IN
Evansville‑Henderson, IN‑KY Posey, Vanderburgh, Warrick
Terre Haute, IN Clay, Vermillion, Vigo
Veterans residing in the above metropolitan area counties whose income
is above the VA Means Test threshold, (for the veteran alone, $28,429; for the
veteran and spouse, $34,117) but below
the HUD figures (which can be downloaded from http://www.huduser.org/datasets/il.html)
should be encouraged to provide the VAMC with their income information in order
to qualify for outpatient care and for this reduced inpatient copayment. The VA hospital inpatient
copayment for 2008 is $1,024 for the first 90 days. An 80 percent reduction
amounts to $819.20, leaving only $204.80 copayment for the veteran to pay
The following non-metropolitan area counties are not affected by this
benefit
Bartholomew, Benton, Blackford,
Brown, Carroll, Cass, Crawford, Daviess, Decatur, Dubois,
Fayette, Fountain, Franklin, Fulton, Gibson, Grant
Greene, Henry, Jackson, Jasper, Jay, Jefferson, Jennings, Knox,
Kosciusko
Lagrange, La Porte, Lawrence, Marshall, Martin, Miami, Montgomery,
Newton
Noble, Orange, Owen, Parke, Perry, Pike, Pulaski, Putnam, Randolph,
Ripley
Rush, Spencer, Starke, Steuben, Sullivan, Switzerland, Union,
Wabash
Warren, Washington, Wayne, White
HUNTING AND FISHING LICENSE, REDUCED FEE
(1)
be a
resident of
(2)
have
served in the armed forces of the
(3)
have a
service connected disability as evidenced by:
(a) records of the United States Department of
Veterans Affairs; or
(b) disability retirement benefits awarded under
the laws of the United States Department of Defense.
Each year a qualified individual may obtain a resident yearly license
to fish and a resident
yearly license to hunt or a resident yearly license to hunt and fish by paying the reduced license fee of two dollars and seventy-five cents ($2.75) instead of the normal fee. No stamps are included on the license but veterans may purchase stamps at the regular price to affix to the license. The license does not cover deer or turkey hunting.
Application: Complete an application obtained from any
CVSO, from IDVA or from a Department of Natural Resources office. Send the
application and the required payment to the
INCARCERATION (JAIL)
Veterans who
become incarcerated for a felony and are receiving compensation or pension and
who have a family to support must do two things if they are jailed:
1) Notify the VA that they have been incarcerated and,
2) Have the family ask for an apportionment and ask that the
check
be mailed directly to them.
Application:
Letter to VA asking for apportionment.
Veterans
who have no family and are drawing 100% SC compensation will be cut to 10% rate
as of the 61st day of incarceration. Veterans drawing 10% will have it cut in
half.
Veterans drawing VA
pension who have no family will have the pension stopped completely if
convicted of either a felony or a misdemeanor and are incarcerated for more
than 60 days. If there is a family, they should ask for an apportionment.
It
is advisable to send VA some notification from the Clerks Office or from the
Probation Office officially notifying them of the veteran’s sentence to
prison/jail. Likewise, when the veteran is released, officially notify the VA
of that fact.
Veterans, after
release from prison or jail, should notify the VA that they have been released.
VA will resume payments at that time.
Veterans in prison
may apply for veterans benefits (it is permissible for them to do so)
but, because they are in prison, there may be a problem with them being able to
get out to go to scheduled physical examinations.
Educational benefits: veterans incarcerated for other than a felony can receive full monthly benefits, if otherwise entitled. Convicted felons residing in halfway houses or participating in work-release programs also can receive full monthly benefits. All benefits, except section 901, are reduced when a claimant is incarcerated for a felony conviction.
VA can authorize only the costs of tuition, fees, and necessary books, equipment, and supplies to a claimant incarcerated for a felony conviction.
VA cannot make payments for tuition, fees, books, equipment, or supplies if another federal, state, or local program pays these costs in full.
If another government program pays only a part of the cost of tuition, fees, books, equipment, or supplies, VA can authorize the incarcerated claimant payment for the remaining part of the costs.
For chapter 30, category II veterans (see pt. V, ch. 1, of M22-4 for definition), the monthly rate may not exceed the rate prescribed by law for a non-incarcerated veteran with no dependents. For all other incarcerated claimants, the monthly rate may not exceed the rate prescribed by law for a person who is not incarcerated. See subparagraph b to determine allowable costs.
Chapter 30 and chapter 35 claimants pursuing training at less than half time and chapter 30 servicepersons training at any rate may not receive reimbursement for books, equipment and supplies while incarcerated. These persons may only receive reimbursement for tuition and fees. (This restriction exists so that no one could receive more benefits while incarcerated than while not incarcerated.)
All claimed expenses must be certified by the school or training institution.
Charges certified for tuition, fees, books, equipment, or supplies cannot exceed the rates charged to similarly circumstanced non-veterans.
Charges for tuition, fees, books, equipment, or supplies which are certified must be required for all students in the course, including non veterans. If only incarcerated claimants who are in a particular program are required to pay these costs because of their entitlement to VA education benefits, then these costs are not reimbursable to a claimant convicted of a felony.
The same books, equipment, or supplies which have been paid for one enrollment period cannot again be paid for any subsequent period. The only exceptions to this rule are consumable supplies such as pens, pencils, notebooks, and paper.
Identifying Incarcerated Claimants. Prison officials will use
VA Form 21‑4193, Notice to [Department of Veterans Affairs] of
Veteran or Beneficiary Incarcerated in Penal Institution, to notify stations of
incarcerated education claimants in prison for a felony conviction.
INCOME TAX
EXEMPTION
Current members of the active branches of service, National Guard and Reserves are eligible to receive an exemption of $2,000 on their Indiana state income tax return through the 2007 filing period. Veterans who are military retirees over age 60 are eligible for the same exemption. For the 2008 filing period and beyond, the exemption will be $5,000.
Eligibility:
- Child between age 3 and 18.
- Parent or child a physical resident of
- Child in need of maintenance and education and is educable.
A
relative must have at least 90 days service and been issued an other than
dishonorable discharge.
Note: could
even apply to grandchildren, step-children, brothers or sisters of veterans,
nieces or nephews, etc., depending upon space available at the home.
Application: Special Children's Home application
Children are normally referred by the court system, i.e., Probation Officer, or by the division of special education.
Graduates of
INDIANA
VETERANS HOME (IVH)
Eligibility:
1) Veterans with at least 1 day wartime service who have received an honorable discharge.
2) Widows of qualified veterans if they were married for at least 5 years.
3) Spouses of veterans already in residence.
4) Applicants must meet a 3-year residency requirement (waiverable to 1 year).
5) Applicants eligible for Medicaid will be required to apply for that entitlement prior to admission.
Each member pays according to his/her ability, based on personal income and assets. Max is $179 per day (about $5,100 a month or $61,200 a year), according to their ability to pay.
All doctor’s bills are paid.
Additionally, veterans keep $130 personal needs income instead of the normal
$90 from Medicare.
Application: Special IVH application.
INFORMAL CLAIM
There may be
occasions when the veteran may want to quickly file an informal claim in order
to establish the earliest possible date of claim (such as the last part of the
month and the VA Form
21-526 is not yet ready to send to the VARO). The informal claim need only
contain the veteran’s name, social security number, claim number, if known, and
a description of the benefits sought. The following statement on VA Form
21-4138 can be used:
"This is a
claim for service connected disability for (identify the disability) and for
any benefits I may be entitled to if awarded. - or -
"This is a
claim for non-service connected disability due to being over age 65, enrolled
in Medicare and being low-incomed. I claim any benefits to which I may be
entitled if awarded.” or
“This is a claim for non-service
connected disability due to being permanently and totally disabled due to
(identify the condition causing total disability). I claim any benefits to
which I may be entitled if awarded.”
Finish with:
"Additional documentation and supporting information will be submitted
within an appropriate period of time. See 38 C.F.R. Section 3.155." (Time limit: the formal claim must be
received by VA within one year from date of informal request in order to
establish the earlier effective date.)
Application:
Forward the above statement on VA Form 21-4138 .
If possible, also include VA Form 21-22 and CVSO supplement sheet appointing a
representative (POA) and include proof of service (DD Form 214, etc.)
An informal claim can also be
submitted by the veteran’s accredited representative, a member of Congress, or
someone to act as the claimant’s next friend (someone who is authorized to act
on behalf of an individual who is not capable of handling his or her own
affairs).
INSURANCE
There are only three types of VA insurance available to veterans:
Veterans Group
Life Insurance (VGLI). Upon release from the military a veteran has the
option to convert his/her Servicemen’s Group Life Insurance (SGLI) to VGLI. If
converted within 120 days
after discharge, the insurance is issued regardless of the veterans state of
health. After 120 days, medical evidence is required. After one year and 120
days, applications will not be considered. Rates for VGLI are higher than those
for SGLI. See SGL Pamphlet 74-3. Effective Nov. 11, 1998 holders of this
insurance who are terminally ill can receive up to $100,000 of face amount
(lifetime limit) to defray the costs of medical bills and funeral expenses.
Application:
SGLV 8714.
Effective Dec. 1, 2005 the new Servicemembers' Group Life Insurance
Traumatic Injury Protection (TSGLI) provides payments, ranging from $25,000
to $100,000, to service members who suffer certain traumatic injuries while on
active duty. Benefits are also payable retroactively to October 7, 2001 for
service members and veterans who suffered certain traumatic injuries while
serving in Operation Enduring Freedom or Operation Iraqi Freedom.
Veterans with eligibility questions to visit VA's website at www.insurance.va.gov or to call the Office of Servicemembers' Group Life Insurance at 1-800-419-1473 for more information.
Service-Disabled
Veterans Insurance (RH): Veterans rated at least 10% service connected
disabled are eligible for up to $10,000 of basic life insurance coverage.
They must have left service AFTER April 24, 1951, must apply within 2 years of notification
of award of SC disability, and must be in good health except for the
service-related disability. Premiums vary depending on type of policy elected.
Veterans rated totally disabled may purchase up to $20,000 supplemental
insurance (but must also do so within 2 years of being notified of the total
rating). If a veteran is later rated for a new service connected
disability, he or she has another 2 years of eligibility for this insurance.
See VA Pamphlet 29-9.
Note: If the veteran is
mentally incompetent, call the toll-free number below for information about
eligibility and time limits.
Application: VA Form 29-0151.
Veterans
Mortgage Life Insurance (VMLI): Up to $90,000 mortgage insurance is
available to disabled veterans who have received grants for the purchase of
specially adapted housing. See VA Pamphlet 29-79-2.
There are no other
VA sponsored insurance programs.
Questions: call 1-800-669-8477
JAIL
See INCARCERATION.
KNIGHTSTOWN HOME
Eligibility:
- Child between age 3 and 18.
- Parent or child a physical resident of
- Child in need of maintenance and education and is educable.
A
relative must have at least 90 days service and been issued an other than
dishonorable discharge.
Note: could
even apply to grandchildren, step-children, brothers or sisters of veterans,
nieces or nephews, etc., depending upon space available at the home.
Application: Special Children's Home application
Children are normally referred by the court system, i.e., Probation Officer, or by the division of special education.
Graduates of
The State of
Hoosier Veteran
License Plate – does not
require an application form. Present a copy of DD 214, NGB Form 22 (National
Guard) or discharge certificate reflecting character of service as either
Honorable or under Honorable Conditions to the local license branch. Any
Disabled Veteran License Plate - Eligibility is determined by the severity of a service-connected disability and the impact of that disability on mobility. As the Disabled Veteran license plate authorizes handicapped parking privileges, the veteran must have a service-connected disability that limits walking. According to the law: "disabled veteran" means a veteran who has a service-connected disability resulting in:
(1) lost sight in both eyes or permanent impairment of vision in both eyes; or
(2) loss of one (1) or both feet or the permanent loss of use of one (1) or both feet; or
(3) loss of one (1) or both hands or the permanent loss of use of one (1) or both hands; or
(4) a physical condition that precludes the applicant from being able to walk without pain or difficulty.
The applicant for the Disabled Veteran license plate does not need to submit documentation as the disability rating will be verified with the U.S. Department of Veterans Affairs.
Purple Heart License Plate - Applications must be accompanied with evidence showing that the Purple Heart was awarded. This may be done by submitting a copy of orders, certificate, statement of service, or DD214. Applications for the Purple Heart license plate will be returned without action if supporting documents are not submitted with the application. Do not send original documents. An eligible applicant may receive one (1) or more Purple Heart license plates.
Ex-Prisoner of War License Plate - To be eligible, the veteran, while serving on active duty with the U.S. armed forces, was in the power of a hostile government and was imprisoned by the military or naval forces of a foreign nation during the United States' military involvement in World War I, World War II, the Korean War, or the Vietnam War, and who is either presently a member of the U.S. armed forces or has received an honorable discharge. An eligible applicant may receive one (1) or more Ex-POW license plates. The surviving spouse of a former prisoner of war is entitled to one (1) or more Ex-POW license plates. Remarriage revokes the spouse's eligibility.
Support Our Troops Plate - Effective January 1, 2007, this special plate with a yellow ribbon will be available for purchase by all Hoosiers, whether or not they are a veteran. Most of the proceeds from this plate will go into the Military Family Relief Fund.
Vehicles registered with veterans license plates are not exempt from the payment of registration fees or property taxes due on the vehicles. There is an additional charge for the Hoosier Veteran license plate.
Applications for all of the above license plates are available from IDVA.
LOU GEHRIG’S DISEASE
(See GULF WAR SYNDROME)
MEDALS
To obtain medals and ribbons, complete SF 180 or a letter with name,
address, SSN, service number, date of birth and telephone number and send to
appropriate records center with a copy of the DD Form 214 or Report of
Separation attached.
Note: for a veteran who was discharged, retired or date of death in
service was more than 62 years old, these records are considered archival and
replacement medals will only be processed at the request of the veteran or
retiree.
Navy, Marine Corps & Coast Guard:
Bureau of Naval Personnel Liaison Office
Room
9700 Page Ave.
Air Force:
Air Force Reference Branch (NRPMF)
Army:
Medals Section (NRPMA-M)
St. Louis, MO 63132-5100
VA Administers pensions to recipients of the Medal of Honor. The monthly pension for 2008 is $1,129.
MEDICAL EXPENSES
Allowable expenses for medical deductions include, but are not limited
to:
Medicare Part B premiums and Medicare
deductibles;
supplemental health insurance premiums;
doctors visits;
hospital stays;
eye examinations;
glasses;
hearing aids;
prescriptions;
funeral or burial expenses for spouse or dependent child.
All these must be
out-of-pocket, unreimbursed expenses, not paid back by any insurance.
MEDICAL EXPENSE REPORT
Purpose: to
report unreimbursed medical expenses, usually for non-service connected
pension. Can be used to list medical expenses and submitted with an original
claim, but normally used
when submitting an Eligibility Verification Report (EVR) filed annually by NSC
pensioners to report income.
VA will consider all medical expenses after first deducting an amount equal to 5% of the maximum annual rate (MAR) for that veteran or spouse. Report all medical expenses, let VA deduct the 5%.
Application: VA Form 21-8416
Also see:
MEDICAL EXPENSES, and RATE TABLES
MEDICAL RECORDS
To obtain
medical records from military personnel files, send Standard Form (SF) 180 to:
National Personnel Records Center
Military Personnel Records
For medical records
at VA Medical Center(s), complete VA Form 3288 and forward to the appropriate
VAMC.
For medical records
of dependents who received care at a military facility while the veteran was in
service, write to:
NRPC Depository
Civilian Personnel Records
MEDICARE PART B DEDUCTIONS
This is the
amount withheld from Social Security checks for Medicare Part B premiums. This
is a legitimate medical expense for VA purposes.
1996: $42.50
1997: $43.80
1998: $43.80
1999: $45.50
2000: $45.50
2001: $50.00
2002: $54.00
2003: $58.70
2004: $66.60
2005: $78.20
2006: $88.50
2007: $98.20
2008: $96.40
Starting January 1, 2006, the new Medicare prescription drug coverage becomes available to everyone with Medicare Part A and/or Part B. Beneficiaries that live overseas or are in prison are not eligible for the Medicare pharmacy program.
For
nearly all TRICARE-Medicare beneficiaries, as well as most users of the VA
Health care system, there is no added value in purchasing Medicare prescription
drug coverage. The exception to this general rule may be for those with limited
incomes and assets who qualify for Medicare
MERCHANT MARINE
In 1998,
Merchant Marines who served any time between December 7, 1941 and August 15,
1945 were granted veterans status for VA benefits.
Additionally, in
November 1998 Public Law 105-368 granted veterans benefits, mostly burial
benefits, to merchant mariners who served from August 16, 1945 through December
31, 1946.
According to VA Pamphlet
80-01-1, the 2001 Federal Benefits for Veterans and Dependents, a number of
groups who have provided military-related services to the
In order to apply for
these benefits, the merchant marine must request and receive a DD Form 214.
Veterans in the first group will be provided one free-of-charge. Veterans in
the second group must purchase theirs.
Both groups can apply by
completing DD Form 2168 and mailing it, along with copies of any merchant
marine documents proving dates of service to U.S. Coast Guard, USCG WW2,
The USCG has one year to
process the application. The merchant mariner will receive a DD Form 214 issued
by the Department of Defense. He may then apply for the appropriate VA
benefits.
Indiana Code 22-1-13, effective July 1, 2007, established the Military
Family Leave. This law applies to an employer that employs at least fifty (50)
employees for each working day during each of at least twenty (20) calendar
work weeks.
Basically, the law allows the parent, grandparent or sibling of a person
who is serving on active duty to annually take up to ten (10) working days of
unpaid leave during the following periods:
During the thirty (30)
days before active duty orders are in effect.
During a period in which
the person ordered to active duty is on leave while active duty orders are in
effect.
During the thirty (30)
days after active duty orders are terminated.
An eligible employee may elect, or an employer may require that the
employee must substitute any earned paid vacation leave, personal leave or
other paid leave (except for medical or sick leave) for any part of the ten
(10) day period of such leave.
Further information can be obtained by downloading of copy of the law at http://www.in.gov/legislative/ic_iac/
or by calling the Indiana Department of Veterans Affairs at 1-800-400-4520.
Families of Hoosier National Guard and Reserve members may apply to the Indiana Department of Veterans Affairs for emergency grants for non receipt of pay, loss of funds, medical, dental & hospital expenses, clothing, utilities, fire or other disasters, essential private owned vehicle, unexpected repairs, dependent funeral expenses, emergency travel, rent, food and other essential family support expenses which were caused by the mobilization of the service member.
Items not covered include: divorce/`marriage expenses, rental, lease, or
purchase of a vehicle, ordinary leave, continuing assistance, bad checks, liquidation
or consolidation of debts, business ventures or investments, goods or items of
convenience or luxury, civilian court fees, fines, judgments, liens, bail legal
fees, income tax or child support and credit cards.
Grants up to $5,000 are available annually while the National Guard
member or Reservist is on active duty orders or within 6 months of their return
from active duty.
Application can be obtained online at http://www.in.gov/dva/2970.htm or by
telephone from IDVA at (800) 400-4520.
Executive Order 05-18 allows Hoosiers who are employed by the state and who are called to active duty in the Guard or Reserves to receive the difference between their military pay (either state or federal active duty) and their state salary.
MILITARY RECORDS
To obtain a copy of military records, send Standard Form (SF) 180 to:
National Personnel Records Center
(Military Personnel Records)
Follow-up telephone numbers:
Air Force: (314) 538-4218
Reg Army (1965 to present): (314) 538-4132
Army Reserve/Nat. Guard before 1972: (314) 538-4144
National Guard (Indiana): (317) 247-3226 (Stout Field,
MILITARY RETIRED PAY
The advantage of waiving
military retired pay for VA compensation is that VA benefits are not
taxable. Veterans rated at 10-40% service-connected disabled, will have their
military retired pay reduced dollar-for-dollar by the amount they receive from
VA.
”Concurrent Receipt” is a term used to describe the receipt of both military retired pay and VA compensation by military retirees who have service-connected disabilities. These veterans fall into three categories:
Military Retirees with Non-Combat-Related Disabilities Rated 40% or Below Service-Connected: These retirees will continue to have their military retirement pay reduced dollar-for-dollar in an amount equal to their VA compensation.
Combat-Related Special Compensation: Military retirees receiving VA compensation for a disability or disabilities which were incurred as a direct result of armed conflict; or while engaged in hazardous service; or in the performance of duty under conditions simulating war (training); or through an instrumentality of war (such as accidental gunfire, exposure to Agent Orange, accidents in military vehicles, Gulf War Syndrome) and has been rated by VA as 10% or higher disabling can draw their VA compensation equal to whatever their VA rating is and their full military retired pay.
See Combat-Related Special Compensation (CRSC).
Concurrent Disability Payments (CDP): Military retirees who have a VA rated disability or disabilities which are service connected but not related to the conditions outlined above and which are rated as 50% or higher disabling can draw their VA Compensation and their retired pay phased in increasing increments over a ten-year period until they are getting their full retired pay by the year 2014. See Concurrent Disability Payments (CDP).
Members of the National Guard activated
for federal service during a period of war or domestic emergency, or who are
injured during an annual training period or during weekend training may be
eligible for certain VA benefits, such as VA health care or compensation for
injuries or conditions connected to that service. Activation for other than
federal service does not qualify guardsmen for all VA benefits. Claims for VA
benefits based on federal service filed by guardsmen should include a copy of
the military orders, presidential proclamation or executive order that clearly
demonstrates the federal nature of the service.
Because of a revised transitional health care
benefit plan, Reserve and Guard members who are ordered to active duty for more
than 30 days in support of a contingency and have more than six years total
active federal service are eligible for 120 days of health care following
their period of active service. Members with less than six years service will
get 60 days of continued medical care.
Under a worldwide demonstration project,
family members are also covered under the plan. The program is retroactive to
Jan. 1, 2002.
Eligibility will be determined
by information in the Defense Enrollment Eligibility Reporting System. Members
and families who were enrolled in Tricare Prime while on active duty will
automatically be disenrolled upon release from active duty. The Reserve
component member or family must actively re-enroll in order to continue Tricare
Prime during the transitional health care period.
VA Health-Care Eligibility: Discharged active duty member and members
of the National Guard and Reserves who are demobilized from federal active duty
in support Operations Enduring Freedom and Iraqi Freedom have a five-year
window of eligibility for VA health care. During this five-year period they
have priority for care at the VAMC. All they need to do is go to the VAMC with
their DD Form 214 and they will be processed on the spot for care. At the end
of the five-year period they will be re-evaluated for continued eligibility.
GUARD/RESERVES-RELATED STATE
BENEFITS
Educational Benefits (National Guard): 100% tuition paid when attending state colleges or
universities for first Associates or Bachelors degree.
Eligibility:
Remission of Fees for Service-Connected Death: Public Law 157-2005 (IC 20-12-19.7) provides that the spouse and eligible children of National Guard members who suffered a service-connected death while serving on state active duty, are exempt from the payment of tuition and mandatory fees at any state educational institution (college).
Eligibility:
Dependents of Indiana National Guard members.
Employment Assistance: State
employees receive 15 days military leave per year.
Eligibility:
Military Pay vs. State Pay: Executive Order 05-18 allows Hoosiers who are employed by the state and who are called to active duty in the Guard or Reserves to receive the difference between their military pay (either state or federal active duty) and their state salary.
Eligibility:
Exemption from Jury Duty: Indiana National Guard members
are exempt from jury duty.
Eligibility:
Medical Benefits: National
Guard members on State Active Duty are entitled to
medical, dental and hospital benefits.
Eligibility:
Injury/Death Benefits: National Guard members on
State Active Duty: members receive pay, allowance and
medical expenses for 90 days. If disabled after 90 days, benefits are the same
as federal, including death gratuities, widows pension and funeral expenses up to
$500.
Eligibility:
Group Insurance: (Provided
by the Indiana National Guard Association) $5,000 for
$2/mo; $10,000 for $3.66; $15,000 for $5.33; $20,000 for $7.00; $25,000 for
$8.67/mo; $50,000 for $17/mo and family plan of $5,000/$10,000 for $3.66 or
$6.66 + $1,000 to $10,000 for each child depending on age.
Eligibility:
Legal Benefits: Limited arrest immunity to and from drill.
Legal defense is available for line-of-duty acts.
Eligibility:
NON-SERVICE CONNECTED PENSION
Eligibility:
Low income veterans who are permanently and totally disabled, or are age 65 and
older, may be eligible for monetary benefits if they meet the income
requirement. To apply, veterans must have 90 or more days of active
military service, at least one day of which was during a period of war.
Veterans who entered active duty on or after Sep 8, 1980, or officers who
entered active duty on or after Oct 16, 1981, may have to meet a longer minimum
period of active duty. Discharge must be other than dishonorable.
For those 65 and older, the requirement to be determined permanently and totally disabled has been dropped. Veterans under age 65 must show proof of total disability or unemployability. Notify the POA or RO if the veteran is drawing social security disability so the VA can take this into consideration when adjudicating veterans’ claims for pension benefits.
All of the above veterans must meet VA
low income criteria to be eligible and have less than $80,000 net worth.
Application: VA Form 21-526
See RATE TABLES (Improved Pension)
Minimum forms needed to submit a claim for Non-Service Connected Pension:
VA Form 21-526 Parts A, C and D; VA Form 21-4138 (to explain in detail items
for which there was not enough room on the VA Form 21-526); VA Form 21-22 and
CVSO Supplement to assign representation; VA Form 21-4142 to release medical
records from private physicians/facilities; VA Form 21-8416 to report medical
expenses.
Minimum documentation needed to complete the claim: Certified copy of DD
Form 214 or Report of Separation; copy of marriage license, copy of birth
certificates of dependent children; copy of Social Security Award letter, if
applicable. Death certificates and divorce documents are not required if all
names dates, and places are shown on the claim application.
NURSING HOME CARE
Veterans
enrolled in the VA Health Care System who have service connected
disability(ies) and are rated at 70% or above - or - enrolled veterans who
need nursing home care specifically
for their service connected disability may be eligible for civilian nursing
home services. Veterans who are ineligible for VA extended care are normally
transferred to a civilian facility from the VA
hospital after they are stable.
Also See: VA NURSING HOME
CARE
NURSING HOME REDUCTION
Veterans who are receiving VA pension or compensation and who are admitted to a
nursing home will have their VA pension reduced or adjusted as follows:
Improved Pension, 0 dependents: pension will be reduced to $90.
Old Law Pension, 0 dependents: pension will be reduced to $30.
Improved or Old Law Pension, married: if combined income is less than that
being charged by the nursing home, the A&A rate is automatically
approved (maximum pension rate).
Compensation: unless ruled incompetent, the veteran will continue receiving
compensation unless the nursing home is a Medicaid Facility. If Medicaid will
be paying, he benefit will be reduced to
$90. If the claimant is paying, he/she will continue to
receive the full rate of compensation. If on housebound or A&A
status, compensation will be reduced only by those extra amounts.
PENSION (Non-Service Connected)
Eligibility:
Low income veterans who are permanently and totally disabled, or are age 65 and
older, may be eligible for monetary benefits if they meet the income
requirement. To apply, veterans must have 90 or more days of active
military service, at least one day of which was during a period of war.
Veterans who entered active duty on or after Sep 8, 1980, or officers who
entered active duty on or after Oct 16, 1981, may have to meet a longer minimum
period of active duty. Discharge must be other than dishonorable.
For those 65 and older, the requirement to be determined permanently and totally disabled has been dropped. Veterans under age 65 must show proof of total disability or unemployability. Notify the POA or RO if the veteran is drawing social security disability so the VA can take this into consideration when adjudicating veterans’ claims for pension benefits.
All of the above veterans must meet VA
low income criteria to be eligible and have less than $80,000 net worth.
Application: VA Form 21-526
See RATE TABLES (Improved
Pension)
Possible Increased
Non-Service Connected Pension Benefits Available for Wartime Era Veterans Age
65 or Over Having a Disability Rated at Least 60% Disabling
The Court of Appeals for Veterans Claims in Hartness v. Nicholson 20 Vet.App 216 (2006) held that VA must award a wartime era veteran a special monthly pension at the 100% + 60% rate (also known as housebound rate) if, in addition to being at least 65 years old, the veteran possesses a minimum disability rating of 60%, or is considered permanently housebound as defined under the controlling statute.
This means that veterans age 65 or over now in receipt of a non-service connected pension and who have either service connected or non-service connected disabilities rated at least 60% disabling should file a new claim. That claim should ask VA to consider granting an increase Special Monthly Pension Benefit by properly applying of 38 USC Sections 1513(a), 1513(e), and 1521 as directed in Hartness v. Nicholson 20 Vet.App. 216 (2006).
New non-service pension applicants 65 years of
age and over having a disability that could possibly be rated at least 60%
disabling should also ask for this Special Monthly Pension Benefit. The
difference between these two pension programs is $2,257 a year. Veterans
Service Officers should encourage all qualified veterans to file as soon as
possible before VA has a chance to persuade Congress to change the law. It is
also likely that this new court ruling will only stand if VA decides either not
to appeal to the Supreme Court, or if a VA appeal to the Supreme Court fails.
See RATE TABLES (Improved Pension)
See MEDICAL EXPENSES.
Application: VA Form 21-526
Minimum forms needed to submit a claim for Non-Service Connected
Pension:
VA Form 21-526 Parts A, C and D; VA Form 21-4138 (to explain in detail items
for which there was not enough room on the VA Form 21-526); VA Form 21-22 and
CVSO Supplement to assign representation; VA Form 21-4142 to release medical
records from private physicians/facilities; VA Form 21-8416 to report medical
expenses.
Minimum documentation needed to complete the claim: Certified copy of DD
Form 214 or Report of Separation; copy of marriage license, copy of birth
certificates of dependent children; copy of Social Security Award letter, if
applicable. Death certificates and divorce documents are not required if all
names dates, and places are shown on the claim application.
POST TRAUMATIC STRESS DISORDER (PTSD)
PTSD is most commonly associated
with Vietnam War veterans and usually consists of a present-day inability to
get along with, or cope with, persons and/or situations at home or at work or
the inability to cope with events in the daily life of the veteran.
A valid, well-documented claim for
PTSD would include the veteran’s statement which consists of a list of the
stressors which the veteran feels caused the PTSD, the symptoms the veteran
presently exhibits which the veteran believes were caused by the PTSD and,
ideally, a doctor’s statement that the veteran is suffering from PTSD.
Stressors are those events which
caused the trauma being claimed by the veteran. In relating a stressor, the
veteran should be as specific as possible: the date and location of the event;
the event itself; which unit the veteran was assigned to; if other people were
involved, the name of those people and their unit of assignment; the names and
units of assignment of other people who witnessed the event. Using unit records
and other eyewitness accounts, VA will attempt to verify that the stressor
occurred and that the veteran was there when it happened. In some cases,
however, the VA will take the veteran’s word that what happened actually did
happen. VA’s M21-1, Part 6 11.38 states:
“If the claimed stressor is
related to combat, in the absence of information to the contrary, receipt of
any of the following individual decorations will be considered evidence of
participation in a stressful episode:
Air Force Cross
Air Medal with "V" Device
Army Commendation Medal with "V" Device
Bronze Star Medal with "V" Device
Combat Action Ribbon
Combat Infantryman Badge
Combat Medical Badge
Distinguished Flying Cross
Distinguished Service Cross
Joint Service Commendation Medal with "V" Device
Medal of Honor
Navy Commendation Medal with "V" Device
Navy Cross
Purple Heart
Silver Star”
It should be noted that, in many
cases, the stress involved in simply listing and detailing the stressors can
cause the veteran’s condition to worsen. Veterans who wish to file for PTSD and
who seem to be able to cope fairly well in their lives, should be cautioned
that their condition may worsen over the years as they are forced to recall and
detail these stressors. It can also worsen if the veteran, while seeking
confirmation from other people who were there, is forced to re-live the event
or events vocally and may remember even more stressors they had otherwise
forgotten. This is not meant to imply that a veteran should not file for PTSD,
only that they should be prepared for what seems to be a common occurrence.
POW
(Prisoners of
War)
Former prisoners of war who were
imprisoned for any length of time are presumed to be service-connected is they
become at least 10 percent disabled anytime after military service for any of
the following: psychosis, any of the anxiety states, dysthymic disorder (or
depressive neurosis), organic residuals of frostbite, and post-traumatic
osteoarthritis, heart disease or hypertensive vascular disease and their
complications, stroke and residuals of stroke.
Former prisoners of war who were imprisoned for at least 30 days are
presumed to be eligible for disability compensation if they become at least 10
percent disabled from diseases associated with POWs. These presumptive diseases
are avitaminosis, beriberi heart disease, chronic dysentery, helminthiasis,
malnutrition (including optic atrophy), pellagra and/or other nutritional
deficiencies, irritable bowel syndrome, peptic ulcer disease and peripheral
neuropathy and cirrhosis of the liver.
Former
POWs are in Priority Group 3 at VA Medical Centers and facilities and are
treated free-of-charge. They do not make co-payments for medical care nor
prescription medicines and are provided with free dental care, regardless of
whether or not the need for the dental care is service-connected.
Former POWs who have not had the POW protocol
examination should contact the nearest VA facility for an appointment.
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.)
Also see: UNEMPLOYABILITY
Eligibility:
must be a patient at a VA Medical Center (either in- or out-patient
status) and medicines must be prescribed by a VA doctor. - or –
Be rated 50% or higher and be in the Fee Basis Program - but family doctor-prescribed medicines must be stocked by the VA Pharmacy or VA will not reimburse.
For free
prescriptions for NSC conditions, the veteran must have family
income below the following limits:
Veteran, 0 dependents: $11,180;
Veteran, 1 dependent: $14,642;
Veteran, 2 dependents: $16,551;
Add $1,909 for each additional dependent.
Prescription co-pay: $8.00 per 30-day supply of each medication.
Effective Apr. 1,
2001 military retirees and their dependents are eligible for prescription
benefits under the TRICARE for Life program, which includes the National Mail
Order Pharmacy Program (NMOP). Information on DEERS and ID cards must be
current. If age 65 prior to Apr. 1, 2001 need not be enrolled in Medicare
Part B. If age 65 after that date must be enrolled in Part B. May
also obtain prescriptions within the TRICARE network for 20% co-payment.
Call 1-800-903-4680.
If the retiree or dependent has insurance from some other source for prescriptions (other than prescription cards which simply offer a percentage off the regular price) they are ineligible for the TRICARE for Life Prescription Program.
Note: If the spouse of a retiree remarries, he/she loses this benefit even if they are subsequently divorced or widowed.
See VA MEDICAL CENTER.
See FEE BASIS PROGRAM.
See TRICARE FOR LIFE.
See CHAMPVA.
Veteran who were receiving VA pension on December 31, 1978 who did not wish to elect the Improved Pension will continue to receive the pension rate they were receiving on that date. This rate generally continues as long as their income remains within established limits (see RATE TABLES), his or her net worth does not bar payment, and they do not lose any dependents. They must continue to meet basic eligibility factors, such as permanent and total disability for veterans, or status as a surviving spouse or child. VA must adjust rates for other reasons, such as the veteran’s hospitalization in a VA facility.
PROTECTED RATINGS
10-Year Rule:
Title 38 U.S.C. provides that a disability deemed service connected which
has been in effect for 10 or more consecutive years shall not be severed
unless it can be
proven that the claim was based on fraud, or it is clearly shown from
military records that the person concerned did not have the requisite
service or character of discharge.
20-Year Rule: Title
38 U.S.C. provides that a disability rated at or above any evaluation for
20 or more years, including total disability based on
unemployability...shall not be reduced, unless the original claim was
based on fraud.
RATE TABLES 2008
COMPENSATION IMPROVED PENSION
Percent Mo Annual Dep Regular Housebound A&A
10% $117 $1,404 0 $11,181 $13,664 $18,654
20% 230 2,760 Monthly 932 1,138 1,554
30% 356 4,272 5% 559 683 933
40% 512 6,144
50% 728 8,736 1 $14,643 $17,126 $22,113
60% 921 11,052 Monthly 1,220 1,427 1,843
70% 1,161 13,932 5% 732 856 1106
80% 1,349 16,188
90% 1,517 18,204 Ea 1,909 1,909 1,909
100% 2,527 30,324 Additional dependent
DEATH PENSION (Surviving Spouse) SECTION 306
Dep Regular Housebound A&A Dep Basic w/A&A
0 $7,498 $9,164 $11,985 0 $12,718 $13,218
Monthly 625 764 999 1 17,095 17,595
5% 375 458 599 Spouse income exclusion: $4,059
1 $9,815 $11,478 $14,298 SECTION 306 (Death)
Monthly 818 957 1,192 Dep Basic
5% 490 574 715 0 $ 12,718
1 17,095
Ea 1,909 1,909 1,909 Child only 10,397
Additional dependent
OLD LAW
DIC: $1,091 per month Single: $11,134
If married over 8 years w/Dep: $16,051
at 100% rate, add $233 per month Child Only: $11,134
Spouse housebound add: $128 per month
Spouse A&A add: $271 per month
A remand is an
appeal that is returned by the Board of Veterans Appeals (BVA) to the local VA
Regional office, usually to perform some additional development of the case or
to take into account a particular aspect of the law. After performing the
additional work, the regional office may issue a new decision. If a claim is
still denied, the case is returned to the Board for a final decision.
In the appeals
process, when a claim goes to the Board of Veterans Appeals (BVA) in
Affirm the decision
of the VA Regional Office;
Grant the issue or
issues requested in the appeal;
Remand the case back
to the VA Regional Office for further development (see AMC, below);
Further develop the claim themselves by directly contacting the veteran.
AMC - The Appeals
Management Center (AMC) has been established outside of the BVA. It will
function as a “national regional office” to handle most remands. It is located
at the Washington Regional Office (WRO) and was to be fully staffed and
operational by December, 2003. In October, 2003, it had 10,000 pending remands
and is projected to handle about 14,000 new remands a year. This program is
expected to improve the quality and completeness of remands and make it easier
and quicker for the BVA to make a final decision.
RETIRED PAY
See MILITARY RETIRED PAY
(waiver in lieu of VA benefits)
See COMBAT-RELATED SPECIAL COMPENSATION (CRSC)
See CONCURRENT DISABILITY PAYMENTS (CDP)
Note: The special compensation program administered by the Department of
Defense for veterans rated 60% or above service connected disabled within 4 years
of their retirement and who retired with 20 years and at least 7,200
retirement points, will be phased out due to passage of concurrent receipt
laws.
SECTION 1151 CLAIMS
Veterans
who suffer an injury, aggravation of injury; or death as a result of VA
hospitalization, medical or surgical treatment or while pursuing
Vocational Rehabilitation may have that injury rated as service connected.
If that injury resulted in additional disability, VA may find that
the additional disability is service connected. These claims
are informal medical malpractice claims.
Make a claim
by submitting VA Form 21-4138 (or a letter from the veteran) stating,
"I claim Section 1151 benefits for disability suffered while
hospitalized on [date],at [name of VAMC],"
and outline what happened. Send the letter to the VA Regional Office
(through a veterans' organization).
If the VA
agrees that its staff made a mistake and it grants service connection for
the additional disability, the amount of money it will pay is calculated
the same as for any other disability.
These are
called Section 1151 claims, the section number of the VA law. They were
previously called Section 351 claims. Prior to 1991 VA misapplied the law
governing these claims by requiring the veteran prove the injury was the
result of negligence or fault of VA personnel. Veterans who were denied
service connection under the old Section 351 should file a VA Form 21-4138
stating, "I claim Section 1151 benefits on the basis of clear and
unmistakable error of law."
Also see TORT CLAIM.
SERVICE CONNECTED DISABILITY
Definition: A disability which is proven to have resulted from an
injury or illness suffered while in the military and adjudicated by VA as
such. Such a disability can also be a condition which
existed before entry in the service and which was worsened as a result of
service. Does not have to have happened on the base, in the fort, on the
ship, or while in uniform, but does have to be in
line of duty and not due to willful misconduct. The injury does not have
to have occurred in combat. Claims filed within one year of discharge can
be backdated to the date of discharge. Service can
be wartime or peacetime.
SERVICEMEMBERS GROUP LIFE INSURANCE
(SGLI)
SGLI is a program of low-cost group life insurance for service members on active duty and ready reservists. Coverage is available in $50,000 increments up to the maximum of $400,000 and, as of 2006, premiums were 65 cents per $1,000 of insurance, regardless of the members age. For information on converting SGLI to Veterans Group Life Insurance (VGLI) after discharge, see INSURANCE
Note: Service
members who are totally disabled while on active duty have an extended time to
retain SGLI after their discharge from active duty.
1. 2 years after the date of separation
or release from such active duty or active duty for training, in the case of
such a separation or release during the period beginning on the date that is
one year before the date of the enactment of Veterans' Housing Opportunity and
Benefits Improvement Act of 2006 and ending on September 30, 2011; and
2. 18 months after the date of
separation or release from such active duty or active duty for training, in the
case of such a separation or release on or after October 1, 2011. (PL 109-233
signed into law on June 15, 2006.)
Also See: Traumatic Injury SGLI
SPECIAL
MONTHLY COMPENSATION (SMC)
See AID AND ATTENDANCE .
See HOUSEBOUND.
Spina bifida
patients who are children of
Vocational Training.
The Vocational Rehabilitation and Employment program administers a vocational training program to enable a qualified child to prepare for and attain suitable employment. Services may include counseling and rehabilitative services, education, training and employment services leading to suitable employment. VA pays for the cost of these services.
Eligibility
To
qualify for entitlement to a vocational training program, an applicant must be
a child:
Spina Bifida
Allowance
The monthly allowance is set at three
levels, depending upon the degree of disability suffered by the child. The
three levels are based on neurological manifestations that define the severity
of disability: impairment of the functioning of the extremities, impairment of
bowel or bladder function, and impairment of intellectual functioning.
STATE INCOME TAX EXEMPTION
Current members of the active branches of service, National Guard and Reserves are eligible to receive an exemption of $2,000 on their Indiana state income tax return through the year 2007. Veterans who are military retirees over age 60 are eligible for the same exemption. For the 2008 filing season and beyond the exemption will be $5,000.
STUDENT LOANS INFORMATION
Direct Consolidation Loans (consolidate all student loans)
1-800-848-0982.
National and Community Service (full-time educational awards of $4,725 a year) 1-800-942-2677.
Student Aid Report (SAR) Received by the student after completion of the
Free Free Application for Federal Student Aid (FAFSA) Call if its been
more than 4 weeks since sending in the FAFSA. 1-319-337-5665.
Pell Grant (does not have to be repaid). For undergraduates who have not
earned a bachelors or professional degree. Maximum 1994/95 was $2,300. Apply on FAFSA.
Direct Loan (DL) and Federal Family Education Loan (FFEL). DL available
directly to students and parents from the federal government through the
school. FFEL available through banks, credit
unions, and Savings & Loans. Once a DL is made it is managed by the U.S.
Department of Educations Direct Loan Servicing Center. 1-800-848-0979.
DL Plus and FFEL Plus also available. Apply for both or either on the
FAFSA.
G.I. Bill Payments: ICS - 1-717-342-7701. ICS VA Rep is Betty Jean Lewellen.
The FY2007 Defense Authorization Act that
Congress passed on 30 Sep 2006 and the President signed into law allows
surviving spouses of members who died on active duty since 7 OCT 01 the option
of transferring Survivor Benefit Plan (SBP) coverage to a child or children, if
any. This effectively allows the
survivor to receive both Dependency and Indemnity Compensation (DIC) from the
VA and SBP from the military, without having the former deducted from the
latter. However, transfer to the child
is irrevocable, and eligibility is not restored to the spouse when the youngest
child loses dependent status.
SURVIVORS PENSION
See DEATH PENSION.
See DIC.
Application: VA Form 21-534 (Spouse & children) (DIC or Death Pension)
For Death Pension, complete the entire form. For
DIC, no income or net worth information is required.
VA Form 21-535
(Parents) (DIC)
Note: In some cases, Death Pension may be more than DIC payments. If
that is the case, VA will award the better benefit.
TAX ABATEMENT/EXEMPTION QUALIFICATION
Code 2 – Partially Disabled
Wartime period service connected disabled (10-90%):
Benefit: $24,960
Qualifications: owns home or buying on contract; served during a wartime period; 10% or more service connected disabled; pension certificate, check or award; surviving spouse may qualify.
No income or assessed valuation limitations.
Code 1 – Totally Disabled
100% service connected or a Pension recipient:
Benefit: $12,480
Qualifications: 90 days of military service w/honorable discharge; is either totally disabled - or - at least 62 years old (on or after March 1) and has a disability of at least 10% - and - disability is evidenced by certificate of award of compensation issued by VA. Veteran could have served in peacetime or wartime. Surviving spouse would receive if the veteran would qualify for the deduction if he/she was still alive.
Assessed Valuation of real property limitation of $143,160.
Benefit: $37,440
Application: Fax or send to IDVA the completed IDVA Certificate
of Eligibility Disabled Veteran Tax Deduction form. Fax number: 1-317-232-7721.
For questions call 1-800-400-4520. When the
application is returned, the veteran or the surviving spouse then take it to the Auditors Office to apply for the deduction. (Not later than May 10th of the year, for exemption the following year).
Note: When CVSO is notified of the award of the service connected disability or the award of the pension – the request for tax abatement should automatically be submitted.
Note: If the veteran transfers the property to a living trust, he loses the
exemption.
Note: widow may keep the deduction, as long as the property stays in her name.
License Plates: credit of $2 per each $100 of remaining exemption can be
applied to excise tax for license plates.
TELEPHONE NUMBERS
VA Regional
Office................................................................1-800-827-1000
IDVA (Indiana Department of Veterans Affairs)...................1-800-400-4520
VA
VA
VA
American Legion Service Office............................................1-317-916-3605
AMVETS Service Office........................................................1-317-916-3612
DAV Service Office................................................................1-317-916-3615
PVA Service Office.................................................................1-317-916-3626
VFW Service Office................................................................1-317-916-3629
Note: The addresses and telephone numbers of any
http://invsoa.homestead.com/CVSO.html
TORT CLAIMS
Veterans
injured in a VA hospital may recover money through a process called the
Federal Tort Claim Act (FTCA). Do not wait for the VA to rule on a Section
1151 Claim. As soon as the veteran suspects he/she is worse after being
in a VA hospital, they should contact an attorney who specializes in
medical malpractice.
Filed through the
VA Regional Office, the deadline to file a Standard Form (SF) 95, Claim
for Damage, Injury or Death, is 2 years after the injury arose.
If the veteran
receives money from the FTCA claim, and the VA agrees to pay under Section
1151, the VA will suspend (offset) its payments until it recovers most of
what the veteran
claimed under the FTCA.
Also see SECTION 1151 CLAIMS.
TRAUMATIC INJURY SERVICEMEMBERS GROUP LIFE INSURANCE (TSGLI)
PL 109-13, enacted
in May 2005, provided for one sum TSGLI payments ranging from $25,000 to
$100,000 for those Servicemembers Group Life Insurance (SGLI) insureds
incurring certain physical traumatic injuries on or after the effective date of
December 1, 2005. A provision of the legislation provided a retroactive period
back to October 7, 2001 for SGLI insureds whose injury was a direct result of
being incurred in Operations Enduring Freedom and/or Iraqi Freedom. For the
purposes of TSGLI only, “incurred in Operation Enduring Freedom or Operation
Iraqi Freedom” means that the member must have been deployed outside the
Payments under this provision are based on the severity of the physical trauma incurred, and must involve a scheduled loss such as loss of limbs, sensory organ loss, physical brain trauma resulting in loss of brain function(s), certain types of paralysis, etc. Mental illnesses will not be covered by this insurance. A schedule of covered injuries/losses and the related insurance payments is included below.
All service members who have SGLI will also have TSGLI coverage effective December 1, 2005. This is automatic for those insured under basic SGLI and cannot be declined except by a service member declining basic SGLI itself. This coverage does not include dependent coverage and is not available to Veterans Group Life Insurance (VGLI) policyholders. Covered losses must be a scheduled loss and must be a direct result of a traumatic injury suffered prior to midnight of the day the member separates from his or her uniformed service. The scheduled loss must be suffered within 365 days of the traumatic injury.
Contact the member’s service department point of contact or the Office of Servicemembers’ Group Life Insurance by phone at 1-800-419-1473, or by email at osgli.claims@prudential.com
TRICARE FOR LIFE
Effective Oct. 1, 2001 military retirees and their dependents
became eligible for this program. TRICARE became their secondary
insurance after Medicare and any other Medigap (supplemental) policies. To be
eligible, retirees must be enrolled in Medicare Parts A and
B. TRICARE will pay out-of-pocket expenses for services covered under
Medicare, including the Medicare deductible.
If the spouse of a deceased veteran has not remarried, he/she is eligible for this benefit.
If the spouse of a deceased veteran
has remarried, but the marriage is terminated due to divorce or death of the
subsequent spouse, the spouse is not eligible for TRICARE, but is eligible for
CHAMPVA if the deceased veteran was 100% disabled.
In preparation,
retirees and/or spouses should ensure their enrollment in DEERS is
up-to-date, that they have current ID cards, and they are enrolled
in Medicare Part B.
Also see PRESCRIPTIONS.
Also see CHAMPVA
A rating of 100% may be assigned when the veteran is rated less than total if, in the judgment of the rating board, the claimant is unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities.
If there is only one disability, it must be rated at 60% or more.
If there are two or more disabilities, at least one of the disabilities must be rated at 40% or more and sufficient additional disabilities which bring the combined total to at least 70%.
The following will be considered as one disability for the purposes of this rule:
1) disabilities of one or both upper extremities, or of one of both lower extremities, including the bilateral factor, if applicable. So, if the claimant had a disability of both legs, each rated at 20% for a combined total of 40%, they would be considered as one disability.
2) disabilities resulting from common etiology or a single accident. In other words, a claimant who is rated 30% for frostbite residuals and 10% for peripheral neuropathy due to the frostbite, if they are combined to 40% are considered one disability. Also, all injuries sustained in an accident may be combined as one injury for the purposes of this rule.
3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, or neuropsychiatric. An example could be, a throat injury which affected the stomach, could be combined as one digestive system disability.
4) multiple injuries incurred in an action, or
5) multiple disabilities incurred as a prisoner or war.
Note: an applicants age should have no bearing on the granting of unemployability. The rating is based strictly on ability to work.
Former Prisoners of War (POW): Prisoners of War and veterans injured in action against the enemy have an advantage. VA’s Manual M21-1: Adjudication Procedure, Part VI, para. 7.10, says VA adjudicators should follow this guidance:
“In determination of entitlement to a total disability rating under 38 CFR 4.16, consider multiple injuries incurred in action as one disability. POW status is a continuation of action against the enemy. Therefore, consider multiple disabilities incurred while a POW, and disabilities incurred in action prior to or subsequent to POW status, as one disability.”
This means that multiple disabilities incurred in action or while a POW need only combine to 60 percent for the former POW to qualify for individual unemployability.
Application: VA Form 21-8940
VA FORMS
Type of Claim/Application
Form Number
Aid and Attendance, Application
for
VA Form 21-2680
Allowance for Dependents VA Form 21-686c
Appeal VA Form 9
Compensation (service connected disabled) VA Form 21-526
Death Pension (unremarried spouse of non-service VA Form 21-534
connected disabled veteran)
DIC (unremarried spouse of service connected VA Form 21-534
veteran)
Educational Benefits VA Form 22-1990
Flag, Burial VA Form 21-2008
Headstone/Marker VA Form 40-1330
Home Loan Guaranty VA Form 26-1880
Housebound Status, Application for VA Form 21-2680
License Plates State Form 32584
Medical Expense Report VA Form 21-8416
Military Medals/Records SF 180
Notice of Disagreement (NOD) VA Form 21-4138
Pension (non-service connected, permanently and VA Form 21-526
totally disabled)
Power of
Attorney VA
Form 21-22
(to veterans
organization)
CVSO Supplement
Release of Medical Information VA Form 21-4142
Remission of Fees (Education) State Form 20234
Statement in Support of Claim VA Form 21-4138
VA HOSPITALS and Community-Based Outpatient Clinics (CBOC)
VAMC VAMC
1-800-360-8387 1-800-498-8792
VAMC CBOC
1481
1-800-360-VETS (8387) (219) 662-0001
CBOC CBOC
(812) 465-6202 (812) 232-2890
CBOC Healthy
3851 N/
(765) 464-2281 (219) 773-4101
Southern Indiana Medical
(812) 353-2600 (812) 539-2313
CBOC
3500
(765) 284-6822 (574 299-4847
(888) 354-6072
VAMC PRIORITY LEVELS FOR ENROLLMENT
Priority Group 1: veterans with service connected
disability(ies) rated 50% & above. (Do not have to enroll but are
encouraged to do so).
Priority Group 2: veterans with service connected disabilities
rated 30% or 40%.
Priority Group 3: Veterans rated at 10% or 20%; former POWs; Purple
Heart recipients; veterans whose discharge was for disability incurred (or
aggravated) in service in line of duty; military retirees
who have reached Medicare eligibility;
veterans awarded Section 1151 disability (see SECTION 1151 CLAIMS).
Priority Group 4: veterans receiving benefits at the A&A or
Housebound rates; veterans determined to be catastrophically
disabled (rules for this determination being developed).
Priority Group 5: non-service connected (NSC) and service
connected (SC) veterans rated 0%, but have limited income (below
free-care [means test] threshold); veterans receiving VA pension benefits;
veterans eligible for Medicaid benefits.
Priority Group 6: WWI and Mexican Border veterans, veterans receiving
care for toxic substances, environmental hazards and Gulf War disorders;
0% compensable service connected veterans (such as
certain veterans with tuberculosis); veterans seeking care for any illness
associated with service in combat in a war after the Gulf War or during a
period of hostility after November 11, 1998.
Priority Group 7: Veteran who agree to pay specified copayments with
income and/or net worth above the VA Means Test threshold and income below the
HUD geographic index.
Subpriority 7a. 0% non-compensable
service connected veterans who were enrolled in the VA Health Care System on a
specified date and who have remained enrolled since that date.
Subpriority 7c. Non-service-connected veterans who were enrolled in the VA Health Care System on a specified date and who have remained enrolled since that date.
Subpriority 7e. Noncompensable 0% service-connected veterans not included in Subpriority a above.
Subpriority 7g.
Nonservice-connected veterans not included in Subpriority c above.
Note: there are no
veterans in subpriority 7b.
Priority Group 8: Veterans who agree to pay specified
copayments with income and/or net worth above the VA Means Test threshold and
the HUD geographic index.
Subpriority 8a. 0%
non-compensable service connected veterans enrolled as of January 14, 2003 and
who have remained enrolled since that date.
Subpriority 8c. Non-service-connected
veterans enrolled as of January 14, 2003 and who have remained enrolled since
that date.
Subpriority 8e. Noncompensable 0%
service-connected veterans applying for enrollment after January 14, 2003.
Subpriority 8g. Nonservice-connected
veterans applying for enrollment after January 14, 2003.
Note: there are no
veterans in subpriority 8b.
Also see: VA MEDICAL CENTER COSTS
Also see: HUD HIGH COST AREAS
VA MEDICAL CENTER
Veterans rated
10% or higher service-connected disabled will be treated for any disability but
may be required to make copayments for conditions not related to their military
service. Free glasses and hearing aid(s), if prescribed by a VA doctor,
are available to those veterans rated 10% service-connected disabled.
Cost-free treatment for
non-service connected problems is available to veterans who have limited
income and are unable to defray the cost of necessary care. Currently,
those annual income figures are:
Single veteran: $ 28,429
Veteran w/1 dependent: $ 34,177
Add $ 1,909 for each additional dependent.
See PRESCRIPTIONS for income criteria for free
medicines.
Veterans rated at
50% or more will be treated for any condition (other than dental) and are
eligible for treatment by their own, private, physician if they are unable
to make the trip to the VAMC (see FEE BASIS PROGRAM).
Veterans rated at 100% are also eligible for dental treatments, Fee Basis,
and free prescriptions.
Veterans receiving
routine care at the VAMC who are admitted to a civilian facility for an
emergency, should contact the VAMC within 72 hours. VA may ask that the
veteran be transported to the VAMC and may pay for the ambulance and the
services rendered by the civilian
facility.
Veterans who are
admitted under emergency conditions to a civilian hospital and who have
received care at the VAMC within the past two years and have no insurance
(including Medicare) may be eligible to have the emergency costs
reimbursed by VA, but VA must be notified as soon as possible and the veteran
must be prepared to prove that the emergency was so critical that there was no
time to get to a VA facility.
Also see VA MEDICAL CENTER COSTS.
VA
Veterans
receiving care for non-service connected condition(s) whose income/net
worth is over the free-care limits shown above must make co-payment for
their care. The co-payments are:
Out-patient care:
Preventive care such as flu shots, routine lab tests, routine x-rays, hepatitis C screening: $0
Primary care outpatient visits: $15.00
Specialty clinics such as outpatient surgery, audiology, and
optometry: $50.00
Outpatient copayment is waived for Medicare-eligible
military retirees eligible for care under the TRICARE program (Millennium
Health Care and Benefits Act, 1999).
In-patient care: $1,024 copayment for the first 90 days of care (equal
to the Medicare deductible) plus $10 per day for hospital care. Each additional
90 days: $512 copayment, plus the $10 per day.
Veterans in
certain high cost areas of
Also see: HUD HIGH COST AREAS
Extended-care (nursing home) copayments: See VA NURSING HOME CARE
Some VA Medical Centers have nursing home facilities available for
veterans. Some veterans without service-related medical problems will be
charged copayments for extended care.
The copayments are individually calculated
and based on the veteran's ability to pay. The following veterans will not be
required to make extended-care copayments:
** veterans with any compensable
service-connected disability,
** veterans whose incomes are below the VA
single pension level of $11,180, and who have received extended care from VA
continuously since November 1999.
Formerly, higher income, nonservice-connected
veterans paid $5 per day, plus $1,024 (the Medicare deductible) for each 90
days of nursing home care. Billing for the new copayments began the end of July
2002.
Under the new regulations, eligible veterans
will get the first 21 days of care free in any 12-month period. After that, the
maximum that veterans could pay is:
** $97 for each day of nursing home care,
**$15 for each day of adult day health care,
** $5 for each day of domiciliary care,
** $97 for each day of institutional respite
care (authorized for a limited time for veterans who are being cared for by
family members who need a break, normally up to 2 two-week periods a year),
** $15 for each day of non-institutional
respite care,
** $97 for each day of institutional
geriatric evaluation,
** $15 for each day of non-institutional
geriatric evaluation.
A complex formula will enable VA to
individualize the copayments, with amounts varying from veteran to veteran.
Among the factors used to determine the copayment will be the veteran's income,
expenses and assets, as well as a daily $20 allowance. For example, a veteran
will be allowed to keep enough money to pay the mortgage or rent on a home,
land, farm or ranch; to pay for an automobile, education, utilities, taxes and
insurance; plus a daily $20 allowance each for the veteran and spouse.
After the first 21 days of care, which are
free, veterans will make predetermined, individual copayments. These could
vary from the maximum of $97 a day to as little as $97 a month, depending on
the veteran's assets and expenses.
Also
see: NURSING HOME CARE
VETERAN (For VA Benefits Purposes)
To officially
be a veteran for VA purposes you must have served in the active military,
naval or air service. Active service includes the following:
- active duty;
- any period of active duty for training during which you became disabled (or
die) from an injury incurred in the line of duty;
- any period of inactive duty for training during which you
became disabled (or die);
- any service as a civilian that the Air Force certifies is active
military service.
Active duty for
training is the period of active duty required for Basic Training and
Advanced Individual Training upon enlistment in the National Guard or
Reserves. It can also be attendance at active duty schools for which the
individual is under orders.
Inactive duty
training is the weekend training and 15-day annual training period for the
National Guard and Reserves.
Duty during either of
these two periods (including the 6 months of active duty for training service
during the 1950’s and 1960’s) does not qualify the individual as a veteran
for VA benefits unless he/she is injured/disabled in the line of duty
while attending those training periods or from
an acute myocardial infarction, cardiac arrest, or a cerebrovascular accident
occurring during such service. Likewise for ADSW duty for recruiting – the
individual must have been injured or disabled to be eligible for benefits.
Note: some
benefits, such as VA Home Loan Guaranty and certain burial benefits are
available to Guardsmen/Reservists.
Minimum
required active duty time served:
--- prior to Sep.
7, 1980 - no minimum time-served requirement.
--- after Sep. 7, 1980 - must have served 24 months unless discharged for hardship or disability.
VOCATIONAL REHABILITATION (VOC REHAB)
Eligibility:
disability or disabilities which VA has rated at least 20% compensable -
or - may be 10% if VA finds that the disability causes serious
employment/personal problems or if the veteran first applied for Voc Rehab
before Nov. 1, 1990 and is now reapplying because of continued difficulty
in keeping a suitable job.
Eligibility
period: generally 12 years after date of discharge or notification of
entitlement. May be adjusted if unable to train as a result of medical
condition or handicap.
Benefit:
counseling; up to 48 months in college or university, vocational school,
farm, etc; job placement assistance; subsistence allowance.
Application: VA Form 28-1900
Injuries
suffered while in the Voc Rehab program may be compensated as though they
were service connected.
Voc Rehab
entitles the veteran to treatment at the VAMC for any condition.
In
considering a veteran for the Voc Rehab program, VA should consider NSC
disabilities along with those which are service connected.
Veterans awarded NSC
before Jan. 1, 1996 may be eligible for Voc Rehab even if VA Pension is
terminated. To apply, use VA Form 28-8966 dtd Nov 95. Eligible for up to
24 months or more.
WAIVER OF DEDUCTIBLE FOR VAMC MEDICAL CARE
Sample letter to request waiver of co-payments. (Send to VAMC).
SUBJECT: Waiver of Deductible for Medical Services
If my income
places me in Priority Group 7 (Category C), I request you grant me a
hardship waiver and place me in Priority Group 5, eligible for cost-free
care, under 38 U.S.C. Sections 1710(a)(1)(G) (formerly 1710(a)(1)(l) and
1722(e),(f). Granting this request will prevent the Depart-
ment of Veterans Affairs from collecting a co-payment for my
medical services.
The hardship
waiver I am requesting should be granted for the following reason(s): [use only
the appropriate reason(s)]
______ My projected income for the current year is less than last year
and is under the threshold. [attach evidence]
______ My living standard has been financially affected by personal debts not
covered by insurance, or as a result of a natural disaster.
[attach evidence]
______ My living standard has been affected by medical debts incurred
by myself or a member of my family. [attach evidence]
______ Because of the following circumstances, I believe I warrant
hardship consideration. See M-1, Part 1, para 4:30. [list
circumstances]
If my claim
for hardship waiver is denied, please provide me with notice of my
procedural and appellant rights.
Sincerely,
____________________________________
(Your signature)
WARTIME SERVICE (to meet VA requirements)
Mexican Border Period: May 9, 1916 - Apr. 5, 1917
WWI: Apr. 6, 1917 - Nov. 11, 1918
WWII: Dec. 7, 1941 - Dec. 31, 1946
Korea: Jun. 27, 1950 - Jan. 31, 1955
Vietnam: Feb. 28, 1961 - Aug. 5, 1964 (in-country veterans only)
Vietnam: Aug. 5, 1964 - May 7, 1975 (all others)
Persian Gulf: Aug. 2, 1990 - to a date not yet announced.
See HOME IMPROVEMENTS and STRUCTURAL ALTERATIONS for DISABILITY ACCESS.
WOMEN
VETERANS COORDINATOR
The Indiana Department of