• Supreme Court rejects appeal from Air Force veteran in dispute over VA benefits

    Court Rejects

     

    The Supreme Court declined on Monday to take up an appeal from an Air Force veteran who had challenged the authority of the Department of Veterans Affairs to deny him certain disability benefits.

    The court's decision to stay out of the dispute sidesteps a fresh challenge to the so-called administrative state, a move that will frustrate conservatives who are seeking to cut back on the power of federal agencies.

    Justice Neil Gorsuch dissented from the court's decision to deny, writing that the VA's "misguided rules harm a wide swath of disabled veterans" who he said "served this nation well."

    Air Force veteran Thomas Buffington was diagnosed with a disability and became eligible to receive disability benefits in 2000. In 2003, he was recalled to active-duty status in the Air National Guard. Following the law, he discontinued receiving the benefits for that period of time so he wouldn't be paid double.

    When he finally discontinued active-duty service in 2005, he waited a couple of years and then asked for his disability benefits to be paid retroactively for the periods of time he had not received active-duty pay. But the Department of Veteran Affairs said that it had enacted a regulation with the requirement that such a request has to be made within a year and that he had waited too long.

    Buffington challenged the department, calling the actions "arbitrary" and not grounded in the statutory text that governs disability payments.

    But he lost when a federal court cited a Supreme Court case from 1984 decision called Chevron v. NRDC. The "Chevron doctrine" sets forward factors to determine when courts should defer to a government agency's interpretation of a statute.

    Under the case, when courts are reviewing an agency action, they must first consider whether the law is ambiguous. If it is not, the analysis ends. If, however, the language is not clear, a court considers whether the agency action is a reasonable interpretation of the law. Some conservatives have expressed criticism of the doctrine, arguing that courts should not defer to the agencies.

    Lawyers for Buffington asked the Supreme Court to overturn Chevron.

    "After 37 years, experience has shown that Chevron's deference regime is wrong, unworkable in practice, leads to arbitrary and subjective decisions and affirmatively undermines the stable development of the law," Roman Martinez, a lawyer for Buffington, told the court in legal papers.

    He said the court should have taken note of a separate legal doctrine that defers to the rights of veterans.

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  • Suspects Arraigned on Charges for Stealing $470,000 in Public Benefits by Defrauding VA, Michigan Treasury

    Justice 012

     

    LANSING – Two people were arraigned on charges recently for defrauding the U.S. Department of Veterans Affairs (VA) and Michigan Department of Treasury out of hundreds of thousands of dollars by submitting fraudulent documents in support of claims for VA survivor benefits and Michigan Unclaimed Property, Attorney General Dana Nessel announced today. A third individual has been charged in connection with this fraud but has not yet been arraigned.

    The Attorney General's enforcement operation was conducted in close collaboration with the U.S. Department of Veterans Affairs Office of the Inspector General.

    Melissa R. Flores, 53, and a co-conspirator allegedly created aliases and obtained or created fraudulent documents, including vital records like birth certificates, to make it appear that they were heirs to various individuals who had died.

    Through this scheme, between 2013 and 2019, it’s alleged that the two individuals obtained more than $40,000 of Unclaimed Property from the Michigan Department of Treasury and more than $430,000 from the VA. Meanwhile, Steven Decker, 32, received proceeds from the scheme and used some of the money to conceal property used to conduct the fraud.

    “Committing fraud against our state or federal agencies that directly give back to their communities will not be tolerated,” Nessel said. “Our Veterans voluntarily put their lives on the line in service to this country to protect the freedoms and liberties we as U.S. citizens enjoy. For someone to take advantage of the public benefits set aside for their families is a slap in the face to servicemen and women across the country.”

    Flores, of Westland, is subject to sentencing as a habitual offender, fourth notice. She was arraigned on the charges Wednesday before Judge Sandra Cicirelli in 18th District Court. Flores is scheduled for a probable cause conference at 8:30 a.m. June 4 before Judge Mark A. McConnell and a preliminary hearing at 8:30 a.m. June 11 before Judge Cicirelli. She is charged with:

    one count of conducting a criminal enterprise, a felony punishable by up to 20 years’ imprisonment, $100,000 fine and forfeiture of proceeds and items used during the crime;  two counts of false pretenses between $20,000 and $50,000, a felony punishable by 15 years’ imprisonment, $15,000 fine or three times the value of the money or property involved, whichever is greater;  forgery of documents affecting real property, a 14-year felony; and  four counts of false pretenses between $1,000 and $20,000, a felony punishable by up to five years’ imprisonment and a $10,000 fine or three times the value of the money or property involved, whichever is greater.

    Decker, of Wyandotte, is charged with one count of criminal enterprises – racketeering proceeds, a felony punishable by up to 20 years’ imprisonment, $100,000 fine and forfeiture of proceeds and items used during the crime. He was arraigned Friday before Judge Elizabeth DiSanto in 27th District Court. He is scheduled to appear in court for a probable cause conference at 1:30 p.m. June 4. DiSanto set a $10,000 cash or 10 percent surety bond.

    A third individual has been charged with conducting a criminal enterprise and multiple counts of false pretenses. The identity of that individual is being withheld pending arraignment on the charges.

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  • The complex story of a Marine Vet taking hostages to fix his VA benefits is hitting the big screen

    Brian Easley

     

    'Easley fought for his country, and when he needed help, his country let him down.'

    On the morning of July 7, 2017, a mild-mannered 33-year-old Marine Corps Veteran named Brian Easley walked into the Wells Fargo Bank on Windy Hill Road in the suburbs of Atlanta, Georgia.

    He wore a grey sweater, had a short, tight haircut, and carried a backpack which he claimed was packed full of C-4 explosives. He had one demand: He wanted the $892 he was owed in disability payments from the Department of Veterans Affairs.

    Easley was dead by day’s end, killed during a hostage negotiation after agreeing to let those inside the bank go free in exchange for a pack of Newport cigarettes. When his backpack was searched afterward, no explosives were found.

    Now, the events of that day at the bank, and what led up to it, will be the basis for an upcoming drama starring John Boyega as Easley, along with Connie Britton, as the assignment editor at a local TV news station who spoke with the Marine Veteran by phone during the incident. The two are joined by Michael K. Williams and Nicole Beharie, according to Deadline. Developed by Vox Media Studios’ Salmira Productions and Epic, 892 is directed by Abi Damaris Corbin and is currently in post-production.

    The movie is based on a Task & Purpose feature article written by Aaron Gell in April 2018. It can be read in its entirety here. It was the result of seven months of reporting by Gell, who spoke to police officers, Easley’s family, and Marines who served alongside the former supply clerk during his two tours downrange, first to Kuwait in 2003, then to Iraq in 2005, and to Veterans advocates, local activists, and law enforcement experts.

    “Brian Easley made a terrible mistake in a desperate situation, but I believe that if it weren’t for the failures of so many institutions — the police, the media, the VA, the for-profit college industry — he’d still be alive,” Gell told Task & Purpose. “Easley fought for his country, and when he needed help, his country let him down.”

    The story surrounding Easley’s death is complex, to say the least. It’d be easy, tempting even, to wrap a tidy narrative around it and tie it off as little more than a hostage situation that ended with the perpetrator’s death, but as Gell laid out in his original article, there’s much more to it.

    There’s Easley’s mental health, and the care he received from the Department of Veterans Affairs due to his diagnoses of schizophrenia and paranoia.

    There’s the stalled disability payments that contributed to his financial duress — the film’s name, 892, is a reference to the amount he received each month from the VA in the form of disability compensation.

    He was explicit about that detail, and he was also exceedingly polite as he explained it, Gell wrote. But it was his calm demeanor that bank employees remembered most, and his almost apologetic tone as he described the events that led him to enter the bank that day, with the goal of somehow convincing the Department of Veterans Affairs to send him his monthly disability payments, which had stopped, and without which he was sure he’d soon be out on the street.

    After allowing several employees to exit the building, Easley told the two remaining workers to lock the doors, and then he picked up the phone. He called the police to let them know what he’d done, and a local news station, where he spoke to the assignment editor for more than half an hour, recounting his story.

    While on the phone with an assignment editor at the local TV station, Easley insisted that it was all an attempt to draw attention to the problems he was having with his disability payments — problems that he had been unable to get resolved through the VA.

    As Gell wrote for Task & Purpose:

    Easley insisted he didn’t want to harm anyone. “I already told them if I detonate this bomb, I’ll let them go first,” he promised. “These ladies are very nice, and they’ve been very helpful and supportive.” He said he had no intention of robbing the bank, and though an employee had fled leaving piles of cash just sitting out at their work station, he showed no interest in it. His focus was exclusively on his own money — that monthly disability payment from the VA.

    “How much money are we talking about?” the editor asked.

    “Not much,” Easley said. She pushed for a dollar figure.

    “Eight hundred and ninety-two dollars,” he answered.

    And, because nothing in the federal government is ever cut and dry, Easley’s story is also one of bureaucratic red tape: his disability compensation was cut off after he enrolled in a for-profit college located in a strip mall, and failed to complete his courses. This caused the VA to recoup those payments from Easley’s disability compensation.

    It’s also the story of four Veterans — Easley, the sniper who killed him, the tactical team commander, and the hostage negotiator — all of whom served in the Marines. And like any story, it brushes up against the issues of its time, from the history of racial tensions in the town where the incident took place and policing practices, to Easley’s struggles with isolation and a loss of identity after leaving the service.

    It is, in a word, complicated, which also makes it ripe for a film adaptation, and with luck, an impactful one.

    The basis for the film, ‘They didn’t have to kill him’: The death of Lance Corporal Brian Easley, by Aaron Gell can be read here.

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  • The Link between Sleep Apnea and Hypertension

    Hypertension

     

    High Blood Pressure Secondary to Obstructive Sleep Apnea: What Veterans Should Know

    Are you suffering from obstructive sleep apnea syndrome and hypertension? Recently, it has been widely accepted by the medical community that obstructive sleep apnea (OSA) is a risk factor for the development of hypertension, also known as high blood pressure. You may be among the more than 18 million Americans that have been diagnosed with sleep apnea, but may be unaware that you have developed hypertension as a complication of obstructive sleep apnea.

    According to the Centers for Disease Control and Prevention, there is a high prevalence of obstructive sleep apnea among Veterans. This may be because Veterans are disproportionately affected by risk factors that lead to obstructive sleep apnea, like psychological distress, mental illness, and respiratory conditions. Many Veterans, particularly Gulf war Veterans, develop respiratory conditions, like asthma and chronic bronchitis, due to exposure to chemicals and other toxic substances. This makes Veterans more susceptible to developing obstructive sleep apnea.

    In order to better understand what this could mean for your VA claim, we must first discuss the relationship between obstructive sleep apnea and hypertension.

    What Is High Blood Pressure?

    Blood pressure is the force that the blood exerts on the walls of the blood vessels. According to the American Heart Association, high blood pressure, or hypertension, occurs when this force is consistently too high. This is measures by the relationship between systolic blood pressure, the force that occurs each time the heart pumps our blood, and diastolic blood pressure, the force that occurs between heartbeats.

    High blood pressure occurs when the systolic pressure is 130 or higher and the diastolic pressure is 80 or higher (130/80 mm Hg). This is classified as stage 1 hypertension. The American College of Cardiology recently lowered the for stage 1 hypertension systolic limit from 140 to 130.

    High blood pressure is a risk factor for heart disease and heart failure, so cardiology specialists will monitor hypertensive patients for signs of cardiovascular disease. Individuals with hypertension might take medication for their condition and track their levels through techniques like ambulatory blood pressure monitoring. Cardiology specialists will also recommend lifestyle changes like weight loss and a healthy diet for blood pressure reduction. The Journal of the American Medical Association (JAMA) frequently publishes recommendations for blood pressure reduction and control.

    Some individuals may have a severe type of high blood pressure called resistant hypertension. This condition is hypertension that stays high despite the use of several antihypertensive medications.

    What Is Obstructive Sleep Apnea (OSA)?

    Obstructive sleep apnea (OSA) is a sleep disorder in which breathing stops temporarily throughout the sleep cycle. Experts estimate that of the general population of the United States, about 22 million individuals are living with OSA. Out of these individuals, about 80% of the mild to moderate cases are undiagnosed. Breathing can stop for a few seconds or several minutes. These episodes of sleep apnea can occur a few times or dozens of times.

    It is important to note that we are only discussing obstructive sleep apnea at the moment. This is because hypertension is only linked to obstructive sleep apnea and not the other kind of sleep apnea – central sleep apnea.

    Obstructive sleep apnea occurs when the muscles in the back of the throat and tongue relax. Consequently, blocking your airway and preventing breathing from happening. Episodes of obstructive sleep apnea typically end with the person waking up briefly in order to reopen his or her airway.

    Some common symptoms of obstructive sleep apnea include:

    • Loud snoring
    • Coughing, gasping or choking
    • Excessive daytime sleepiness
    • Observable episodes of stopped breathing
    • Sore throat or dry mouth
    • Nighttime sweating
    • Mood changes and difficulty concentrating
    • Morning headaches

    Diagnosis of obstructive sleep apnea generally requires a sleep study, which often uses a technique called polysomnography to measure breathing. If detected, there are several options for the treatment of OSA. Specific treatments will depend on OSA severity. Specialists measure OSA severity on a scale called the hypopnea index. The index measures the number of apneas that occur per hour.

    Many people with obstructive sleep apnea need to use a continuous positive airway pressure (CPAP) machine during the night. They might use a nasal continuous positive airway pressure device or one that covers the mouth as well. CPAP therapy machines deliver air pressure into the nose and mouth to keep the air passages open during sleep.

    While sustained CPAP treatment can be effective for many OSA patients, severe OSA may require treatments like surgery. Severe OSA is when the patient has 30 or more apneas per hour of sleep. This is particularly true when they don’t respond to airway pressure treatment.

    What Is The Link Between Obstructive Sleep Apnea and Hypertension?

    According to the American Heart Association, obstructive sleep apnea is implicated as a factor in the development of hypertension. Recent studies show that 50% of patients with hypertension also have associated obstructive sleep apnea. The Wisconsin Sleep Cohort study, which was a long-term sleep heart health study, also found that individuals with untreated severe sleep-disordered breathing were 2.6 times more likely to experience coronary heart disease or heart failure than adults without this disorder.

    So, there is evidence that sleep apnea affects blood pressure. In individuals without these conditions, blood pressure naturally dips at night. Studies show that some people with OSA don’t experience this dip in blood pressure. These individuals are referred to as “nondipping.” The prevalence of nondipping OAS patients may indicate a link between high blood pressure and obstructive sleep apnea.

    Obstructive sleep apnea impairs sleep quality by shortening sleep intervals. This causes elevated blood pressure. Why is this? Obstructive sleep apnea causes disrupted or limited breathing while you are asleep. When breathing is limited, oxygen levels in the body can drop. This drop in blood oxygen levels causes an increase in blood flow. Increased blood flow puts pressure on the blood vessels’ walls which causes elevated blood pressure levels. This suggests a connection between sleep apnea and blood pressure spikes.

    Blood pressure levels are not just elevated at night. In many people that have obstructive sleep apnea, blood pressure remains elevated during the daytime when breathing is normal. Also, consider how proper diet and regular exercise help to control normal blood pressure. Obstructive sleep apnea is often accompanied by respiratory conditions, like asthma, shortness of breath, and other respiratory problems that may make it difficult to exercise regularly. As a result, blood pressure levels may be adversely affected.

    What Does This Mean For My Disability Claim?

    If you are seeking VA benefits for high blood pressure and sleep apnea, you need to file a claim for secondary service connection to receive compensation for both of these conditions. Secondary service connection is when a service-connected condition or injury causes a new condition or aggravates a non-service connected disability. In this case, if a Veteran is already service-connected for obstructive sleep apnea and later develops hypertension because of their obstructive sleep apnea, they can file a claim for hypertension secondary to obstructive sleep apnea. To receive compensation for this secondary condition, you need a current diagnosis of hypertension.

    For VA purposes, elevated blood pressure, or hypertension, is considered a systolic blood pressure reading of 160 or more and a diastolic pressure reading of 100 or more, i.e. 160/100 mm Hg. Hypertension must be confirmed by blood pressure readings taken two or more times on at least three different days. If secondary service connection is granted for your hypertension disability, blood pressure readings help determine both the severity of your hypertension and the rating percentage that the VA could potentially assign to your claim.

    When making an association between sleep apnea and hypertension for a VA claim, evidence is needed to support your claim. There are several kinds of evidence that can be used to support this secondary claim. Service treatment records and medical records from the VA or private medical facilities detailing your condition may be helpful. Medical articles and literature that discuss the relationship between obstructive sleep apnea and high blood pressure are also beneficial. A favorable medical opinion from a doctor, such as a cardiology specialist, that states that your hypertension is caused by, or a complication of, obstructive sleep apnea may also be very beneficial for your claim. You can file a claim for hypertension as secondary, or as a complication of, obstructive sleep apnea by visiting with the Veteran’s Administration by visiting their website.

    The attorneys at Hill & Ponton are also available to help you with your claim. Our attorneys are dedicated to working with former service members, so Veterans can obtain the disability compensation they deserve. If your VA claim has been denied, contact us today for a free case evaluation. Association between sleep apnea and hypertension.

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  • The VA’s Definition of “Veteran” – An In-Depth Look

    Def of a Vet

     

    In order to receive benefits through the U.S. Department of Veterans Affairs (VA), individuals must be classified as a Veteran.

    But how does the VA define the term “Veteran”?

    Whether they served in the Vietnam era or more recently in Afghanistan, all war Veterans are classified under the same definition. This guide will break down how the VA determines who is a U.S. military Veteran.

    What is a U.S. Veteran?

    The first step in determining whether a person is qualified for VA benefits is determining whether the person meets the VA’s definition of “Veteran.” While this may seem like a simple question, there are some nuances that are important to understand. The VA defines the word Veteran as “a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.”

    For VA purposes, when it comes to the definition of a Veteran, active military, naval, or air service includes not only the United States Army, Navy, Marine Corps, Air Force, and Coast Guard service, but also a member of the Reserves, Air or Army National Guard, or military academies in certain circumstances. Military service also includes commissioned officers in the Public Health Service on full-time duty, commissioned officers of the National Oceanic and Atmospheric Administration or Environmental Science Services Administration on full-time duty, and service by certain civilians whose work supported military operations and the armed forces during specific periods of conflict or period of war.

    If your service qualifies as military, naval, or air service, the next step is to determine whether that service was “active” service. Active duty service means full-time duty. For Reservists and National Guard members, they must have been called up to active duty for federal purposes. Federal service includes periods during which a National Guard member is ordered into federal service by the President or to perform specified training exercises.

    A Reservist or National Guard member may also be considered on active duty for training in certain circumstances. A period of active duty training is considered active military, naval, or air service if “the individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty” during the period of active duty for training.

    There are also circumstances in which a person qualifies as a Veteran during “inactive duty for training,” such as if he or she was disabled or died from an injury incurred or aggravated in the line of duty or from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident that occurred during training. Note that the word “disease” is not included in these service requirements, which means that there is a more narrow set of circumstances in which a person qualifies as a Veteran for inactive duty for training.

    Condition of Discharge

    The second factor the Department of Veterans Affairs considers when determining whether a service member qualifies as a Veteran, thus eligible for Veterans’ benefits, is their official discharge or release “under conditions other than dishonorable.” This information is available in the Veteran’s service records.

    It is important to note that the VA’s use of conditions other than dishonorable does not have the exact same meaning as the terms used by the military to characterize a person’s discharge. However, there are two types of discharges that the VA will automatically consider to be a certain type of discharge:

    1. The first is a dishonorable discharge because such a discharge can only be issued by a general court-martial, which is a statutory bar to benefits.

    2. The second is an entry-level separation administrative discharge, which is a discharge under conditions other than dishonorable and qualifies the person as Veteran.

    But aside from these two situations, it is not possible to merely rely on the military’s characterization of discharge to determine whether an individual was discharged under conditions other than dishonorable. Instead, you must look to whether there is either a statutory or regulatory bar to benefits.

    There are six statutory bars to benefits. If a person was discharged for one of the statutory bars, he or she is not eligible for VA benefits even if his or her discharge is characterized by the military as honorable or under honorable conditions.

    The six statutory bars to benefits are:

    1. Discharge as a conscientious objector who refused to perform military duty or refused to wear the uniform or otherwise refused to comply with lawful orders of a competent military authority
    2. Discharge or dismissal by reason of a sentence of a general court-martial
    3. An officer resigning for the good of the service
    4. Desertion
    5. Discharge as an alien during a time of hostility
    6. Discharge under other than honorable conditions issued as a result of absence without official leave (AWOL) for at least 180 continuous days.

    Note that there is an exception to the bar to benefits for AWOL. The statutory bar does not apply if the VA makes a factual determination that there were “compelling circumstances to warrant the prolonged unauthorized absence.”

    There are also regulatory bars to benefits that apply under certain circumstances. Note that these regulatory bars do not apply to individuals who received an honorable discharge, a general discharge, or a discharge under honorable conditions. The VA will consider a discharge from a special court-martial, an undesirable discharge, or a discharge under dishonorable conditions to be “issued under dishonorable conditions” if the discharge was based on conduct that falls into one of the following categories: accepting an undesirable discharge or discharge under other than honorable conditions to escape a trial by general court-martial; mutiny or spying; an offense involving moral turpitude; willful and persistent misconduct; and homosexual acts involving aggravating circumstances or affecting the performance of duty. Note that a person who receives an undesirable discharge or other than honorable discharge that is subject to a regulatory bar is still entitled to VA health care for a disability that was incurred or aggravated during service.

    An important thing to remember is that it is possible for a person to qualify for Veteran status for one period of service, but not for a prior or subsequent period of service. In such cases, it is necessary to show that the disability the Veteran is claiming resulted from the period of service where he or she qualifies as a Veteran.

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  • This State Has the Best Benefits for Veterans

    Best Benefits

     

    The list of the benefits the U.S. government offers Veterans is long. According to Military.com, these include disability compensation, pension programs, free or low-cost medical care through VA hospitals and medical facilities, education plans, home loan guarantees, vocational training, Small Business Administration loans, counseling, and burials.

    The number of people eligible for these benefits is large. Pew Research reports there are 19 million Veterans. The percentage of those from WWII has dropped well under 1%. Korean war Veterans have dropped to 5%. Almost 70% of the total are Veterans from Vietnam and the Gulf War.

    To determine the state with the best benefits for Veterans, 24/7 Wall St. reviewed an article on the Best and Worst States for Veterans from financial comparison site MagnifyMoney from financial comparison site MagnifyMoney. States were ranked based on the Veteran population, the quality and quantity of Veterans Affairs centers, and the economic circumstances for Veterans.

    About a quarter of Veterans, 4.7 million people, have a service-connected disability. Veterans Affairs health care and other benefits provided to service members can be a crucial lifeline for those struggling with the physical and mental challenges they now face as a result of their service.

    The quality of Veteran’s benefits also depends heavily on economics — some states give out much more significant tax breaks to former service members than others, saving them thousands of dollars on property taxes.

    The state with the best benefits for Veterans is North Dakota. Here are the details:

    > Score: 67.9/100

    > Number of Veterans centers: 43.6 per 100,000 VA enrollees (4th highest)

    > Median property tax range for Veterans: $1,600-$1,699

    Click here to read States with The Best Benefits for Veterans

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  • Thousands of combat-disabled Veterans don’t qualify for certain military benefits. A West Texas Marine is trying to change that.

    Vets Dont Qualify

     

    MIDLAND, Texas (KOSA) - There’s an odd loophole in military benefits that keeps combat-wounded Veterans who served less than 20 years don’t get retirement benefits.

    “You never should really have to think twice about whether your country is going to take care of you,” said Midland resident and Marine Jerry Fuentes.

    The loophole affects Veterans like Fuentes, who served for more than a decade and did two combat tours before suffering serious injuries from IED explosion.

    “I know it sounds a little odd that injured in combat, 13 years in, would have to fight for retirement, but I honestly did,” Fuentes said.

    But what Fuentes gets in retirement is then taken from his disability. Even as he suffers from nerve damage that limits his mobility, as the current law stands, he can’t get both disability and retirement.

    “I’ve never seen my military retirement to this date, and that’s where the Major Richard Star Act would come into play,” he said.

    The Major Richard Star Act (H.B.1282/S.344) would expand retirement benefits to over 40,000 Veterans whose careers were cut short due to combat injuries. More than 6,000 of those Veterans live in Texas, the most of any state.

    A version of the bill exists in both the House and Senate. In a devastating blow, it wasn’t included in the 2023 National Defense Authorization Act (NDAA).

    That could’ve been the end of the Major Richard Star Act, but it’s garnered new life by garnering over 290 co-sponsors in the House. This newfound popularity allows it to potentially come to a vote on the House floor.

    “We were all very surprised [we reached 290 sponsors], but we’ve done a fantastic effort engaging with lawmakers and making them aware of the bill,” Fuentes said.

    One of those co-sponsors is Rep. August Pfluger (R, TX-11).

    “Obviously, I’m a little disappointed that this wasn’t part of the NDAA this year, but that doesn’t mean it can’t come as a standalone bill,” Pfluger said. “I think that’s really the next action, to see how we can get this to the House floor.”

    While it seems likely the bill will get to the House floor, the Senate might be more difficult. Support there isn’t as broad, and Texas senators John Cornyn and Ted Cruz have not sponsored the legislation. Fuentes said ‘Star Act’ supporters have repeatedly reached out to both senators without success.

    CBS7 reached out to both Sen. Cornyn and Sen. Cruz for this story. Sen. Cornyn’s office said they are looking into the legislation. Sen. Cruz did not respond to our request for comment.

    Despite not having success reaching some of the state’s highest lawmakers, Fuentes, other Veterans, and a growing number of lawmakers continue battling to help America’s forgotton wounded continues.

    “I think in the last few years, the government has made steps in the right direction, but it’s still not to a point where it needs to be,” Pfluger said.

    Source

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  • Three dozen military Veterans in Congress voted against expanding GI Bill benefits

    3 Dz Voted Against

     

    The new bill would expand GI Bill benefits to National Guard and Reserve members.

    A bill that would expand eligibility for Post-9/11 GI Bill Benefits to members of the military’s National Guard and Reserve passed the House of Representatives last Wednesday without the support of 36 military Veterans and current members of the National Guard and Reserves who voted against the bill.

    Among those 36 are members of all service branches, from former enlisted soldiers to general officers. It includes some notable names, from Rep. Don Young (R-Alaska), an Army Veteran and the House’s longest-serving member, to Rep. Dan Crenshaw (R-Texas), the former Navy SEAL known for his Saturday Night Live appearance and efforts to root out “woke ideology” from the military.

    The nays represented a little less than half of the 76 members of the House who are military Veterans, according to the Congressional Research Service. The ostensible reason for the no votes was budgetary concerns. According to the Congressional Budget Office, the new bill could cost $1.9 billion over the next decade.

    Rep. Mike Bost (R-Illinois), the ranking member of the House Veterans Affairs Committee and one of the Veteran lawmakers to vote no on the bill, agreed that Congress “must take a hard look at duty-status reform and the potential expansion of benefits regarding reservists, but this bill before us today would be an unwise expansion of benefits,” the Marine Corps Veteran said. “Training has never counted towards eligibility, and members of the Guard and Reserve know that when they sign up.”

    The bill would allow any day in which service members were in uniform under federal orders to count towards eligibility for education benefits offered under the GI Bill.

    “Not only are these National Guard and Reserve members risking their lives to serve our country, but they’re also forced to put their civilian lives on hold when they’re called up, leaving behind their families and interrupting civilian careers,” Rep. Mike Levin (D-Calif.), who sponsored the bill, said on the House floor. “In some of those settings, they are serving side by side with active-duty members doing similar jobs and facing similar risks, but they’re not earning the same GI Bill benefits as their peers. That’s unacceptable.”

    Most active-duty service members acquire the full array of benefits after 36 months of service, but service members begin accruing eligibility for a portion of benefits after a minimum of 90 days, not including basic training. Those service members who are discharged because of a service-related injury are eligible for the entire range of benefits if they have served 30 days. But for National Guard members and reservists, not all of their time in uniform is considered to be active duty, meaning it does not count towards accruing eligibility for GI Bill benefits.

    National Guard members drill under both Title 10 and Title 32 of the U.S. Federal Code. While Title 10 accrues active-duty time under orders to full-time federal service such as overseas deployment, under Title 32 orders, service members are in uniform and being paid with federal dollars but state governors retain nominal control. And those days don’t count towards education benefits. This also applies to days that Guard members and reservists are activated for training.

    Passage of the bill comes at a time when National Guard members and reservists are more active than ever. They have been mobilized to support police during protests following the murder of George Floyd; to secure Washington, D.C. following the Jan. 6 Capitol attack; to help distribute vaccines for the novel coronavirus (COVID-19); to assist with the construction of the wall on the U.S.-Mexico border, and in response to natural disasters. In some cases, Guardsmen have even been activated to drive school buses.

    Some of these events, such as coronavirus relief, are considered time served towards GI Bill benefits, as the pandemic was declared a national emergency. Others, like when more than 120,000 guardsmen mobilized amid large-scale protests around the country in June 2020, do not.

    For now, the bill will move on to the Senate for the next round of voting. Meanwhile, an analysis conducted earlier this year by Pew Charitable Trusts shows that among military Veterans who borrowed student loans, nearly six in 10 used most of their loan money to pay for cost-of-living expenses..

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  • Troops exposed to Agent Orange outside of Vietnam could be in line for Presumptive Benefits

    AO Presumptive Benefits

     

    Congress in recent years has expanded disability benefits for Veterans exposed to toxic chemicals during fighting in Vietnam, but a pair of lawmakers is pushing now to make sure U.S. troops who faced the same poisons while deployed to nearby countries receive similar help.

    On Thursday, Pennsylvania Reps. Matt Cartwright (D) and Brian Fitzpatrick (R) introduced new legislation to expand the presumption of exposure to Agent Orange for disability benefits to Veterans who served in Thailand, Laos, and Cambodia during the conflict.

    “Many of those who have been exposed are living with cancers, heart disease or Parkinson’s disease,” Cartwright said in a statement. “They deserve relief for the pain and hardship this has caused for them and their families.”

    Staff could not say exactly how many Veterans may be affected by the change. More than 50,000 U.S. troops were deployed to Thailand alone at the height of operations there, but it is unknown how many of those individuals later deployed to Vietnam and are already eligible for presumptive benefits status.

    But Veterans advocates for years have pushed for Congress to close the gap in Agent Orange benefits for individuals exposed to the chemicals in the 1960s and 1970s but never set foot on Vietnamese soil.

    Presumptive benefits status is significant for Veterans filing for disability benefits because it avoids a host of paperwork and documentation usually required for the payouts.

    In most cases, Veterans seeking the benefits must prove (typically through medical exams and service records) that their injuries and illnesses are directly connected to their time in the military.

    However, in conflicts like Vietnam, where the chemical defoliant Agent Orange was used across the country with little clear documentation of when U.S. troops were exposed, federal officials have made exceptions to those standards of proof.

    Individuals who served in the country and later suffered from a list of illnesses connected to chemical exposure — things like prostate cancer, lung cancer, and Parkinson’s disease — can qualify for benefits simply by showing they served on the ground during the war there, or in the waters nearby.

    Even though Agent Orange was widely used in nearby countries, Veterans who spent time in Thailand, Laos, and Cambodia are not granted that presumptive status. That means they must prove direct exposure to the chemical during their deployments, proof that advocates say is nearly impossible due to incomplete, aging military records.

    Fitzpatrick said the new legislation will “ensure our Vietnam War Veterans who served in Thailand, Laos and Cambodia receive the care they deserve now.”

    The bill would include Veterans who served in the following locations:

    — at Army Bases or Royal Thai Air Force Bases between Jan. 9, 1962, and May 7, 1975;

    — at the Pranburi Military Reservation in Thailand between Jan. 1, 1964, and April 30, 1964;

    — anywhere in Laos between Dec. 1, 1965, and Sept. 30 30, 1969;

    — in Kompon Cham Province in Cambodia in April 1969.

    Veterans would be granted presumptive benefits status regardless of the military occupation. Similar legislative efforts to improve the benefits to countries beyond Vietnam have stalled in Congress in recent years, despite expanded benefits for troops who served in the country.

    Congressional staff did not have an estimate for what the benefits expansion may cost. Last year, lawmakers added three new illnesses to the list of presumptives for Agent Orange exposure in Vietnam, a move that is expected to help about 34,000 Veterans and cost about $8 billion over the next 10 years.

    Source

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  • Troops who refuse COVID vaccines won’t be guaranteed Veterans benefits, officials warn

    Veterans Benefits 002

     

    Troops who refuse the coronavirus vaccine won’t see any extra protections or leniency in how their dismissals are handled, Defense and Veterans Affairs officials confirmed Wednesday.

    Instead, decisions on whether to give those individuals other-than-honorable discharges — potentially blocking them from a host of Veterans benefits — will be left to local commanders, and their cases won’t receive any preferential evaluations for Veterans’ benefits eligibility, despite recent lobbying from Republicans lawmakers for a less punishing approach.

    “We see the vaccine as a readiness issue,” said Gil Cisneros, Defense Department undersecretary for personnel, during testimony before the Senate Veterans’ Affairs Committee. “Any discharge decision is up to the individual service as to how they proceed with that.”

    Earlier on Wednesday, Air Force and Space Force officials announced that about 8,500 airmen missed the Nov. 2 deadline to get the coronavirus vaccine. That represents about 3 percent of the services’ total personnel.

    Cisneros acknowledged concerns from a small portion of the active-duty force about the vaccines but said officials are steadfast in their belief the mandate is needed. As such, the department does not plan to put any special programs or dispensation in place for individuals dismissed for refusing the shots.

    VA Deputy Secretary Donald Remy said that those cases will be evaluated by department benefits officials to weigh “mitigating or extenuating circumstances, performance and accomplishments during their service, the nature of the infraction and the character of their service at the time of their discharge.”

    That’s standard operation for all Veterans, and the department is not planning to handle vaccine refusals in a separate or different way.

    Individuals with honorable discharges will be eligible for things like GI Bill benefits, VA home loans and transition assistance programs. Individuals with other-than-honorable discharges are still guaranteed mental health care services through VA, but may be blocked from most other benefits.

    In September, House lawmakers approved language in their draft of the annual defense authorization bill that would block military officials from issuing dishonorable discharges to troops who refuse vaccines, arguing that it was too severe of a punishment for the offense.

    However, that measure still needs to survive negotiations with Senate lawmakers before becoming law, likely in late December.

    Conservative lawmakers have speculated that thousands of troops could be facing dismissal from the ranks before then.

    At least 71 service members have died from complications related to coronavirus since the start of the pandemic 20 months ago. None of the troops who died were fully vaccinated.

    Among Veterans Affairs patients, at least 16,157 have died from virus complications since March 2020.

    Source

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  • Trucking School Owner Sentenced to 4 Years in Federal Prison for Fraudulently Obtaining $4.1 Million in Veterans’ Education Benefits

    Justice 016

     

    LOS ANGELES – The owner of a San Fernando Valley trucking school was sentenced today to 48 months for leading a sophisticated scheme to defraud the United States Department of Veterans Affairs out of more than $4 million in education benefits involving over 100 Veterans who did not attend classes.

    Emmit Marshall, 53, of Woodland Hills, was sentenced by United States District Judge Stephen V. Wilson, who also ordered him to pay $4.1 million in restitution. Marshall pleaded guilty in July 2019 to five counts of wire fraud.

    At the hearing, Judge Wilson stated that this “was a very serious fraud on the government,” which involved “calculated, criminal acts that cannot be condoned.”

    Marshall is the owner and president of the Chatsworth-based Alliance School of Trucking (AST). Marshall and a co-defendant, AST Vice President Robert Waggoner, 57, of Canyon Country, recruited eligible Veterans to take trucking classes paid under the Post-9/11 GI Bill. AST was certified to offer classes under the Post-9/11 GI Bill, including a 160-hour Tractor Trailer & Safety class and a 600-hour Select Driver Development Program.

    Under the Post-9/11 GI Bill, the VA paid tuition and fees directly to the school at which Veterans were enrolled. The VA also paid a housing allowance to Veterans enrolled full-time in an approved program, and, in some cases, the VA paid for books and supplies for Veterans’ benefit.

    From July 2011 to April 2015, Marshall and Waggoner convinced more than 100 Veterans to participate by telling them they were entitled to VA education benefits, even if they did not attend classes. Despite not taking classes, the Veterans who agreed to join the scheme accepted education benefits for housing while AST collected the benefits for tuition, resulting in a total loss to the VA of at least $4.1 million.

    In addition, Marshall resorted to occasionally using Veterans’ personal information to sign them up for benefits, forging signatures, sometimes without the Veterans’ permission. Finally, in an attempt to obfuscate the overall scheme and the forgeries of student enrollment paperwork, Marshall directed the Veteran-students to lie to VA investigators and ordered the destruction of AST paperwork by co-schemers.

    “[Marshall] profited most from this conduct, pocketing nearly $1 million himself, which he used for jewelry, a cruise, a trip to Hawaii, property taxes on his Woodland Hills residence, purchase of a Ford F-150 and purchase of semi-tractor trailers for a new business,” prosecutors wrote in their sentencing memorandum.

    Waggoner pleaded guilty on February 24 to five counts of wire fraud. His sentencing hearing is scheduled for March 15, 2021, at which time he will face a statutory maximum sentence of 100 years in federal prison.

    This matter was investigated by the U.S. Department of Veterans Affairs Office of Inspector General, the U.S. Department of Justice Office of the Inspector General, and the FBI.

    This case was prosecuted by Assistant United States Attorney Kimberly D. Jaimez of the Major Frauds Section.

    Source

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  • Understanding Your VA Rating Decision

    Understanding VA Rating Decision

     

    How Do I Know if My VA Claim Was Approved?

    The rating decision is the most significant portion of the VA disability benefits claims process. Once the United States Department of Veterans Affairs receives a claim from a disabled veteran, the VA claims process can be lengthy. However, this news can be pivotal, especially if the decision includes a favorable disability rating and effective date.

    Receiving a rating decision also means that your case is moving along in the very slow VA system, and even if the decision is not favorable, at least that means you are able to move forward with your case and determine the next steps that you will take. Today we are going to talk about the structure of the rating decision so you are able to get all the information from it that you need in order to decide what to do next.

    Receiving a Rating Decision: What Is the Process?

    To understand the VA rating decision, it’s important to also understand the veteran’s disability claims process. There are several steps that occur before the rating decision arrives at your door.

    1. Receipt of Claim: Once the VA receives your claim, they will send you a letter in the mail within two weeks to confirm that they received it. If you submitted your claim through eBenefits, you will receive this notification electronically within one hour.
    2. Initial Review: A Veteran Service Representative (VSR) will review your claim.
    3. Evidence Gathering: The VSR may require additional evidence to prepare your claim for a decision. In this case, they would send you a letter requesting medical evidence, including medical records from all health care providers. The VA will then review your claim.
    4. Preparation for Decision: Once the VA has all the evidence they need for your decision, a Ratings Veteran Service Representative (RVSR) will review all the documents in your initial claim. This evidence includes your initial application, results of your compensation and pension exam,
    5. Pending Decision Approval: There is one final review after the RVSR’s review. The RVSR will send your claim to a superior, and the VA will make the decision.
    6. Decision Notification: The VA will send a decision packet to your home in the mail.

    At this point, you would either receive the veterans benefits as outlines in the decision packet. If you disagree with the VA disability rating, you would start the appeals process. You have the option to file an appeal on your own or work with a Veteran’s Service Officer (VSO).

    Keep in mind that you can check the status of your claim on va.gov.

    What Does the VA Include in a Rating Decision?

    The VA rating decision will include several sections. Each section will explain how they assessed your VA disability claim. The sections include:

    1. Introduction: The introduction of the rating decision will include some details about your military service. It will include the dates of services, military branch, type of claim you files, and other details about the nature of your claim.
    2. Decision: This section includes the actual claim decision. Here, the VA will state whether they approved your claim, the effective date that your disability compensation will begin, and the specific percent rating.
    3. Evidence: The VA will also list any evidence that they considered when assessing your claim. This evidence may include medical evidence, service treatment records, buddy statements, and more. Check this section carefully to make sure that the VA considered all of the evidence you submitted.
    4. Reasons for Decision: Here, the VA will break down exactly why they approved or denied your claim. They will reference specific evidence that they used in their decision, as well as the percent rating for the disabilities in question.
    5. References: This section will include all necessary citations for the rating decision. These citations may include information from the Code of Federal Regulations, details on a veteran’s right to appeal, and specifics about other regulations that are relevant to the VA claims process.

    The rating decision should also include a cover letter (we refer to this document as the Notice of Action, or NOA). The NOA is important because the date of the NOA is the date that will be used to determine whether a Notice of Disagreement (VA Form 9) is timely. The NOA also includes a breakdown of the decision made on each issue and boilerplate language from the VA about the appeal process. Veterans have 60 days after receiving the NOA to files an NOD.

    The rating decision is also accompanied by the rating sheet, which shows a history of all the claims ever made by the veteran.

    Have Questions About Your VA Rating Decision?

    If you were denied service connection or received a lower disability rating than you expected, the team at Hill & Ponton can provide legal advice and representation. Our veteran’s disability attorneys are committed to helping former service members and their family members obtain the VA benefits they deserve. Contact us today for a free case evaluation.

    Source

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  • United States Sues Michigan-Based NH Learning Solutions Corporation for Submitting False Claims for Inflated Post 9/11 GI-Bill Tuition Benefits

    Justice 058

     

    The Justice Department announced today that the United States has filed a complaint under the False Claims Act (FCA) against NH Learning Solutions Corp (NHLS). The complaint, filed in the Eastern District of Michigan, alleges that NHLS violated the FCA by knowingly submitting false claims to the Department of Veterans Affairs (VA) for inflated tuition benefits under the Post-9/11 GI-Bill. Michigan-based NHLS provides technology education courses at approximately 15 locations in the Midwest and Northeast.

    “The Post-9/11 GI Bill is an important part of our promise to support our nation’s Veterans,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s complaint demonstrates our commitment to hold accountable companies that improperly seek to profit from this promise and the women and men who have served our country.”

    “The U.S. government provides Veterans with access to programs for higher education through the Post-9/11 GI Bill,” said U.S. Attorney Dawn N. Ison for the Eastern District of Michigan. “Our office is prepared to pursue those who flout the rules that safeguard the integrity of important Veterans’ programs.”

    Under the Post-9/11 GI Bill, the VA pays tuition and fees directly to qualifying schools on behalf of enrolled students. The VA pays the actual net cost for tuition and fees charged by the school after it has applied any scholarships, waivers, grants or other assistance designed to defray the cost of tuition and fees. This requirement is commonly referred to as the “Last Payer Rule,” and ensures that the VA is the payer of last resort and receives the benefit of any tuition-based, financial support available to a student.

    The government’s complaint alleges that NHLS knowingly submitted false claims for inflated tuition and fees in violation of the Last Payer Rule at five of its school locations in Illinois, Ohio and Michigan. More specifically, the complaint alleges that NHLS repeatedly reported tuition and fees to the VA on student invoices where it failed to deduct the tuition scholarships, grants or waivers it provided to certain Veterans, thereby causing the VA to overpay NHLS for educational assistance benefits under the Post-9/11 GI-Bill for these Veterans.

    “Safeguarding Post-9/11 GI Bill education benefit funds is a top priority,” said Special Agent in Charge Gregory Billingsley of Department of Veterans Affairs Office of Inspector General (VA-OIG)’s Central Field Office. “The VA-OIG is committed to investigating allegations of fraud that would impact VA’s programs and services.”

    The lawsuit is captioned United States v. NH Learning Solutions Corp., No. 22-cv-13045 (E.D. Mich.), and is being handled by the Civil Division’s Commercial Litigation Branch (Fraud Section) and the U.S. Attorney’s Office for the Eastern District of Michigan. The Department of VA-OIG provided substantial assistance in the investigation.

    The United States is represented in this matter by Senior Trial Counsel Christopher Wilson of the Civil Division and Assistant U.S. Attorney John Spaccarotella for the Eastern District of Michigan.

    Source

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  • VA Benefits for Exposure to Jet Fuel

    Jet Fuel

     

    What is Jet Fuel?

    According to the Agency for Toxic Substances and Disease Registry (ATSDR), jet propulsion fuel-5 (JP-5) and jet propulsion fuel-8 (JP-8) are kerosene-based fuels used in military aircraft. “Jet A,” the type of fuel used in civilian aircraft, is sometimes used in military aircraft as well. All three types of jet fuel (i.e., JP-5, JP-8, and Jet A) colorless liquids that are flammable and smell like kerosene. Jet fuel is composed of hydrocarbons, which are compounds that only contain the elements carbon and hydrogen. Hydrocarbons are found naturally in the earth as crude oil.

    Effect on Environment

    Many things can happen when JP-5, JP-8, and Jet A enter the environment. Per ATSDR, some individual components of the fuels will evaporate into the air from open containers or when they are spilled into water or soil. Essentially, the chemicals may be broken down by reacting with sunlight or other chemicals in the air. However, certain chemicals in may slowly move from the soil to the groundwater and subsequently attach to particles in the water and sink to the bottom sediment.

    In some cases, the jet fuel chemicals will be broken down by bacteria and other organisms in soil and water, thereby preventing attachment to water particles and bottom sediment. Nevertheless, some chemicals in JP-5, JP-8, and Jet A may stay in the soil for more than a decade, posing serious environmental and health risks.

    Veterans Exposed to Jet Fuel

    Sadly, many Veterans may have been exposed to jet fuel while serving on active duty. Exposure can occur in a number of ways, including the following:

    • Working with such products
    • Living very close to where the products are used or may have been spilled
    • Breathing air in an area where an accident or leak has occurred
    • Drinking water or touching soil contaminated with JP-5, JP-8, or Jet A
    • Swimming in waters where spillage has occurred
    • Working refueling military or civilian aircraft
    • Transporting jet fuels (especially if protective clothing is not worn)
    • Living near a hazardous waste site where these such products are disposed of

    As such, Veterans with military occupational specialties related to working on aircraft were likely at risk of coming into contact with jet fuel; however, other Veterans may have come into contact as well due to its environmental presence. Please note that the list included above is non-exhaustive, meaning there are additional ways in which Veterans may have been exposed that are not noted herein.

    There is limited research to show that jet fuel was sometimes mixed with Agent Orange and various pesticides during the Vietnam-era, as well.

    Health Effects Associated with Jet Fuel Exposure

    According to VA, possible health effects of jet fuel exposure depend on how Veterans were exposed (i.e., skin, oral, or breathing), length of time exposed, and personal factors (e.g., age, gender, genetic traits, diet). Unfortunately, little is known about the effects of JP-5, JP-8, and Jet A; however, results from several studies of military personnel suggest that exposure to jet fuel can affect the nervous system. Historically, observed effects include changes in reaction time and in other tests of neurological function.

    Additional studies have been conducted with laboratory animals to explore the effects of exposure. Such studies found that exposure to high levels of jet fuel resulted in damage to the liver, decreased immune response, impaired performance on neurological tests, impaired hearing, and skin alterations. These findings are consistent with VA’s public health warnings regarding exposure. Specifically, VA’s reported health effects include:

    • Irritation to unprotected skin
    • Eye and upper respiratory irritation
    • Fatigue
    • Breathing difficulty
    • Headaches
    • Dizziness
    • Sleep disturbances
    • Hearing problems
    • Lung and heart problems (if exposed to very high levels over a long period of time)

    Hearing Problems

    New VA research has shown that hearing problems are linked to jet fuel exposure. Dr. O’Neil Guthrie, a research scientist and clinical audiologist with the VA Loma Linda Healthcare System in California, states, “even at subtoxic levels, the exposure is affecting the brain and resulting in auditory processing dysfunctions.” Importantly, auditory processing dysfunctions are changes that occur inside the brain rather than the ear. This means that the issue does not involve typical deafness or inability to hear sound. Instead, the issue is that the brain cannot interpret the sound or decipher the message, making communication very difficult. There is currently no treatment for such auditory processing dysfunctions.

    Cancer

    So far, several studies have examined the potential connection between exposure to jet fuel and various types of cancer. However, the studies did not provide conclusive results due to significant limitations. As of now, the U.S. Department of Health and Human Services and the Environmental Protection Agency have not classified JP-5, JP-8, or Jet A fuels “as to their carcinogenicity” (i.e., tendency to produce cancer). On the other hand, the International Agency for Research on Cancer has classified these types as “Group 3 carcinogens” (i.e., not cancer-causing to humans).

    VA Service Connection for Jet Fuel Exposure

    Currently, there is no presumption of service connection related to jet fuel exposure. Therefore, Veterans must establish service connection for conditions related to jet fuel exposure on a direct basis. This means that Veterans will need to demonstrate the following:

    • A current diagnosis of a qualifying medical condition;
    • An in-service event (i.e., exposure); and
    • A medical nexus linking the current, diagnosed condition to the in-service exposure

    Here, the most important element of service connection will be the medical nexus. Veterans must obtain a positive medical nexus stating that their condition is “at least as likely as not” due to their in-service exposure to jet fuel. Veterans can submit additional evidence to support their claims, such as research, scientific studies, and medical literature pertaining to the effects of exposure described above.

    Once service connection is established, VA will assign a disability rating based on the specific condition for which the Veteran is claiming benefits.

    Source

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  • VA benefits for spouses, dependents, survivors, and family caregivers

    DVA Logo 48

     

    As the spouse or dependent child of a Veteran or service member, you may qualify for certain benefits, like health care, life insurance, or money to help pay for school or training. As the survivor of a Veteran or service member, you may qualify for added benefits, including help with burial costs and survivor compensation. If you’re caring for a Veteran with disabilities, you may also qualify for support to help you better care for the Veteran—and for yourself. Find out which benefits you may qualify for and how to access them.

    Benefits for spouses, dependents, and survivors

    Health care

    Find out if you may qualify for health care through our CHAMPVA program, the Department of Defense's TRICARE program, or one of our programs related to a Veteran's service-connected disability. If you already have health care through VA, learn how to manage your health and benefits.

    For spouse, dependent child, surviving spouse, surviving child

    Education and training

    Find out if you may be eligible for help paying for school or job training through our Survivors' and Dependents' Education Assistance Program (also called Chapter 35) or the Marine Gunnery Sergeant John David Fry Scholarship. And learn about how a Veteran may transfer their unused Post-9/11 GI Bill benefits to you.

    For spouse, dependent child, surviving spouse, surviving child

    Home loan programs or financial counseling

    Apply for a Certificate of Eligibility (COE) for VA home loan programs to buy, build, repair, or refinance a home. Or, if you're having trouble making mortgage payments on a VA-backed loan, get help to avoid foreclosure and keep your house.

    For surviving spouse

    Life insurance options, claims, and beneficiary assistance

    Learn how to apply for Family Servicemembers' Group Life Insurance (FSGLI) coverage, explore other coverage options, and manage an existing policy. If you're the beneficiary of a Veteran's or service member's policy, find out how to get free financial advice and will preparation services.

    For spouse, dependent child, surviving spouse, surviving child

    Pre-need eligibility determination for burial in a VA national cemetery

    Apply in advance for eligiblity to be buried in a VA national cemetery. This can help you plan ahead to make the burial process easier for your family in their time of need.

    For spouse, dependent child, surviving spouse, surviving child

    Burial benefits and memorial items

    Get step-by-step guidance on how to plan a burial in a VA national cemetery, or in a state or tribal government Veterans cemetery. You can also apply for help paying for burial costs, request memorial items, and learn about bereavement (grief) counseling and transition support.

    For surviving spouse, surviving child, surviving parent

    Survivors Pension

    If you're the surviving spouse or child of a Veteran with wartime service, find out if you're eligible for monthly pension benefits.

    For surviving spouse, surviving child

    Compensation for surviving spouse and dependents (DIC)

    If you’re the surviving spouse, child, or parent of a service member who died in the line of duty, or the survivor of a Veteran who died from a service-related injury or illness, find out how to apply for this tax-free monetary benefit.

    For surviving spouse, surviving child, surviving parent

    Source

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  • VA Burial and Memorial Benefits Quick Start Guide now available

    Memorial Benefits

     

    Memorializing a loved one is an important part of the transition that follows celebrations and honors of the life lived. However, many Americans may not know or fully understand VA’s burial and memorial benefits.

    The VA Burial and Memorial Products Quick Start Guide (QSG) provides clear and concise information on VA burial benefits for Veterans, their families, caregivers and survivors.

    DOWNLOAD

    You can apply to find out in advance if you can be buried in a VA national cemetery. This is called a pre-need determination of eligibility—and it can help make the burial planning process easier for your family members in their time of need.

    The VA Burial and Memorial Products guide covers:

    How to apply for the burial benefits you’ve earned

    Help planning for a burial or memorial service in a VA national cemetery

    Assisting family members with ordering memorial items to honor the service of a Veteran

    How to plan for a burial in advance or at time of need

    How to obtain a Presidential Memorial Certificate

    Links and phone numbers for additional information

    Burial in a VA national cemetery is open to all members of the armed forces and Veterans who have met minimum active duty service requirements, as applicable, and were discharged under conditions other than dishonorable.

    A Veteran’s spouse, widow or widower, minor children, and, under certain conditions, unmarried adult children with disabilities, may also be eligible for burial. Eligible spouses and children may be buried even if they predecease the Veteran.

    VA provides the gravesite, grave liner, opening and closing of the grave, government headstone or marker, U.S. burial flag, Presidential Memorial Certificate, and perpetual care of the gravesite at no cost to the family.

    *VA operates 151 national cemeteries and 34 soldiers’ lots and monument sites in 44 states and Puerto Rico. Nearly 5 million Americans, including Veterans of every war and conflict, are buried in VA’s national cemeteries. VA also provides funding to establish, expand, improve and maintain 117 Veterans cemeteries in 48 states and territories including tribal trust lands, Guam, and Saipan.

    For Veterans not buried in a VA national cemetery, VA provides headstones, markers or medallions to commemorate their service.

    Based on where you are in life, your VA benefits and services can support you in different ways. For end of life planning, view and download the VA Burial and Memorial Products Quick Start Guide. For all other VA benefits and services, download the VA Welcome Kit so you can turn to it throughout your life—like when it’s time to go to school, get a job, buy a house, get health care, retire, or make plans for your care as you age.

    More information

    Additional VA Quick Start Guides on VA Mental Health Services, community and urgent care, applying for a disability rating, education benefits, caregiver and survivor benefits are available for download here.

    Source

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  • VA Certificate of Eligibility requirements: What to know

    VA Loan Application

     

    One of the benefits of a career in the U.S. military is the ability to get a mortgage guaranteed by the Department of Veterans Affairs. These loans allow you to buy a home at a competitive interest rate with no down payment and low closing costs. The program rewards the men and women in uniform for their service to the country.

    To qualify for a VA home loan, you’ll need to prove that you’re eligible for one by showing your lender a Certificate of Eligibility, or COE. This document comes from the VA, and you’ll need to apply for it as you get started in the homebuying process.

    When you’re ready to find a lender, use Credible to compare mortgage rates quickly and easily.

    Why is having a Certificate of Eligibility important?

    A Certificate of Eligibility is the only way a lender will be able to verify that you qualify for a VA home loan benefit and process your mortgage. Without it, you won’t be able to use the benefit.

    Your Certificate of Eligibility will include your name, branch of service and an "entitlement code." This code lets your lender know how you’re eligible for the loan. For example, an entitlement code of "01" refers to service in World War II, while "09" refers to post-Vietnam War service.

    The Certificate of Eligibility will also tell your lender if you must pay a funding fee when taking out a VA loan. The funding fee is a one-time payment you’ll make to get your loan, and it can either be financed into the mortgage or paid at closing. The fee amount differs based on guidelines set by the VA. You won’t have to pay the funding fee if you receive compensation for a service-related disability, earned a Purple Heart or are the surviving spouse of a service member who died in service, among other reasons.

    General requirements to obtain a COE

    The eligibility requirements for a Certificate of Eligibility vary based on your type of military service and when that service was completed. In general, you’ll need to meet one of the following criteria:

    • 90 consecutive days of active-duty service during wartime
    • Two years on active-duty during peacetime, or at least 181 consecutive days of active-duty service if your service was complete before two years
    • Six years of service in the Selected Reserve or National Guard
    • The surviving spouse of a Veteran who died while in service or from a service-related disability

    What you’ll need to prove eligibility

    To get your Certificate of Eligibility, you’ll likely need some documentation to show the government. The specific type of documentation will vary based on your service history. It’s best to gather all the documents you’ll need beforehand to make sure the process goes smoothly. Here’s what you’ll need.

    Service members

    If you’re an active-duty service member, you’ll need a "statement of service" signed by your commander, adjutant or personnel officer. This statement needs to list the following:

    • Your name
    • Your date of birth
    • Your Social Security number
    • The date you entered service
    • Details of any lost time
    • The name of the command providing the information

    If you’re an active member of the National Guard or Reserves, your statement of service also needs to list your number of years of creditable service.

    Veterans

    If you’re a Veteran or a current or former National Guard or Reserve member who was activated for active-duty service, you’ll need a copy of your separation or discharge papers.

    Former National Guard or Reserve members

    Because the different branches of service have different forms and documents, the specific ones you’ll need may vary. But in general, if you were a member of the National Guard but were never activated, you’ll need:

    • Your Report of Separation and Record of Service form for each period of service
    • Your Retirement Points Statement and proof of the character of service

    If you were in the Reserves and never activated, you’ll need:

    • A copy of your latest retirement points
    • Proof of honorable service

    Credible lets you compare mortgage rates from multiple lenders, all in one place.

    COE Application requirements for Veterans

    In addition to providing the proper documentation, you’ll need to ensure your service meets the COE requirements.

    Active-duty requirements

    Your required active-duty service to be eligible for a Certificate of Eligibility is based on when you served.

    If you served during World War II, the Korean War or the Vietnam War, you must have served 90 total days or have been discharged for a service-related disability.

    If you served in between those wars before 1980, the requirement is at least 181 days of continuous service. After 1980, you generally must have served 24 consecutive months or the full period you were called to active duty.

    Discharge requirements

    Your separation from service must also meet certain requirements. You must have been discharged for a reason other than dishonorable discharge to be eligible. You can also be eligible for a Certificate of Eligibility if you don’t meet the active-duty service requirements but were discharged for one of the following reasons:

    • Hardship
    • Convenience of the government
    • Early out
    • Reduction in force
    • Certain medical conditions
    • Service-related disability

    VA COE application requirements for certain National Guard or Reserve members

    The requirements for current or former National Guard or Reserve members are slightly different.

    Guard/Reserve requirements (not called for federal service)

    To qualify for a VA Certificate of Eligibility, you must have at least six years of service. You must also meet one of the following requirements:

    • Honorable discharge
    • Placed on the retired list
    • Transferred to Standby Reserve
    • Continue to serve in the Selected Reserve

    Guard/Reserve requirements (called for federal service)

    If you were called to active duty, you must have 90 days of service.

    Surviving spouse application requirements

    Surviving spouses can be eligible for a Certificate of Eligibility. The documents you’ll need to provide differ depending on whether or not you receive Dependency & Indemnity Compensation, or DIC.

    Surviving spouses who receive DIC

    If you’re the surviving spouse of a Veteran who went missing in action, is a prisoner of war, died in service or became totally disabled in service before their death, you may qualify for a Certificate of Eligibility.

    If you’re currently receiving Dependency & Indemnity Compensation, you’ll need:

    • A copy of the Veteran’s separation papers
    • A completed Request for Determination of Loan Guaranty Eligibility - Unmarried Surviving Spouses VA form

    This paperwork will go to the VA lender you’re using or to a VA Regional Loan Center.

    Surviving spouses who don’t currently receive DIC

    If you don’t currently receive Dependency & Indemnity Compensation, you’ll need to fill out an application for those benefits. You’ll also need:

    • The Veteran’s separation paperwork
    • A copy of your marriage license
    • The Veteran’s death certificate

    How to submit an application for a COE

    You can apply for a Certificate of Eligibility in a number of ways.

    Through your approved VA lender

    If you’ve already found a VA lender you want to work with, that lender can manage your COE application. Most lenders will have access to the Department of Veterans Affairs online system and can check your eligibility within a few seconds.

    Through the VA eBenefits portal

    If you want to get your COE before shopping for a lender, you can apply for the certificate online. You’ll need to log in to the VA’s eBenefits portal and fill out the form available there.

    By mail

    If you’d rather not apply online, you can fill out a paper version of the Request for a Certificate of Eligibility and mail it in to your Regional Loan Center. You can find the address on the form.

    Certificate of Eligibility FAQs

    What if I don’t meet the minimum requirements for a COE?

    Without a COE, you won’t be able to take out a VA loan. If you believe your Certificate of Eligibility was denied in error, you’re able to appeal the decision. You can choose to file additional information that bolsters your case or appeal to a higher office or to a board that may make a different decision.

    What if my discharge status doesn’t meet the eligibility requirements?

    A bad conduct or dishonorable discharge may make you ineligible for a Certificate of Eligibility. But you may be able to apply for a discharge upgrade or go through the Character of Discharge review process. Each branch of the military has a discharge review board that can upgrade your status to make you eligible for VA benefits.

    How long does it take to receive a COE?

    If you apply online or through your lender, you can get a Certificate of Eligibility within a few seconds. However, not every application can be processed online. If you apply by mail or need assistance from a Regional Loan Center, the process may take four to six weeks.

    When does a COE expire?

    Your Certificate of Eligibility won’t expire. But if you applied for a COE while on active duty and left active service before using it, you’ll need to apply for a new one.

    What do I do once I have my COE?

    Once you have your Certificate of Eligibility, your home buying process will look much like anybody else’s. If you haven’t done so already, you’ll need to find a lender who issues VA loans. Your lender can guide you through the process of applying for a loan, finding a real estate agent and closing on your new home.

    When you’re ready to find a lender, check out Credible to compare mortgage rates from different lenders.

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  • VA Disability Appeal Success Rates: Understanding the Statistics

    Appeal Success Rates

     

    It’s no secret that the VA appeals process can be long and complicated. In any given year, the Board of Veterans’ Appeals issues tens of thousands of decisions to Veterans around the country, and many of these decisions can take years to come to fruition.

    But how many of these appeals are successful?

    The Board of Veterans’ Appeals Annual Report for Fiscal Year 2020 offers the latest data on appeals and Board decisions. By breaking down the statistics, we want to help you understand how your appeal fits into the bigger picture.

    How Many Cases Did The Board of Appeals Receive?

    In fiscal year 2020, the Board received 174,733 cases and completed 102,663 decisions. That breaks down to 85,461 legacy decisions and 17,202 AMA decisions. This volume of decisions marks a clear increase from the previous three years, jumping from 52,661 in 2017, 85,288 in 2018, and 95,089 in 2019. But that linear increase doesn’t necessarily correlate with the number of cases received per year.

    What Was The Disability Appeal Success Rate?

    Veterans likely want to know their chances of success when making an appeal. And while numerous factors play into the Board’s decisions, it can be helpful to understand the yearly approval rates.

    The Board of Veterans’ Appeals scheduled 37,345 hearings and held 15,669 in 2020. Here’s how their decisions played out:

    In fiscal year 2020, the Board allowed (approved) 33.8% of the legacy appeals and 37% of the AMA. As for denials, the Board denied 20.3% of legacy appeals and 27.6% of AMA. The largest portion of the claims were remanded, meaning they were sent to the Veteran’s regional office (RO) with instructions. Board members remanded 40.6% of legacy appeals and 28.2% of AMA.

    How Long Did The Appeals Process Take?

    The Board has different data collection systems for legacy and AMA appeals, and it can be tricky to predict how long any one decision will take. However, data from this report may give Veterans an idea.

    According to the Board’s 2020 report, the average time lapsed between the filing of the appeal and the Board’s disposition was 1,583 days. As for the AMA, the VA breaks the average time down per docket. For Veterans who chose the direct review docket, the average time lapsed between the NOD and Board decision was 225 days. It was 277 days for the evidence docket and 377 for the hearing.

    Key Takeaways for Veterans

    Congress authorized the Veteran Appeals Improvement and Modernization Act of 2017 to give Veterans more options for their appeal and speed up the process. But it’s important to remember that many Veterans are appealing through the legacy system as well.

    If you’re a Veteran looking for support for your VA disability appeal, the attorneys at Hill & Ponton are here to help. Contact us today for a free case evaluation.

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  • VA Disability Rating Reexaminations and Reevaluations

    Reexaminations

     

    Rating Reductions

    Under certain conditions, VA may reduce your disability rating. Legally, VA is able to reduce ratings, but must follow specific rules when doing so. The idea behind rating reductions is that some service-connected conditions will improve over time or with treatment. As such, VA wants to ensure it is compensating each Veteran according to their present level of disability. VA normally starts the process of reducing a rating under two circumstances: (1) scheduled reexaminations and (2) evidence of change in condition.

    What is a Reexamination?

    A VA disability reexamination is a medical examination used to re-evaluate the severity of your service-connected disability. After you are initially awarded disability benefits, VA will evaluate whether your disability is such that you ought to be scheduled for a future reexamination to determine if your benefits need to be adjusted. The types of service-connected disabilities that are most likely subject to re-evaluation include those that can be expected to improve over time. VA is required to send you advance notice of the need for a reexamination. It is very important for you to show up for this examination. If you fail to attend, and do not call to reschedule or explain why you are unable to make it, then it is likely that VA will reduce or terminate your disability benefits.

    How Often Do Veterans Attend VA Reexaminations?

    VA usually re-evaluates Veterans’ service-connected conditions on two occasions:

    • Six months after leaving military service; and
    • Between two and five years from the date of the decision to grant VA disability benefits.

    The purpose of re-evaluation is to verify either the continued existence and/or the current severity of a service-connected condition. VA will also require re-evaluation in cases where it is likely that a Veteran’s disability has improved, such that there is evidence indicating there has been a material change in a disability or that the current rating percentage is incorrect. If there is a significant improvement to the Veteran’s health upon reexamination, VA may choose to assign a lower disability rating, thereby lowering the amount of monthly compensation the Veteran receives. VA may also determine that a disease or disability no longer exists, and discontinue benefits.

    How Does VA Notify Veterans of a Reexamination?

    As mentioned above, VA is required to send Veterans advance notice of the need for a reexamination. Typically, VA will call a Veteran or send a letter to let them know that the reexamination has been scheduled. When VA schedules you for a reexamination, it is imperative that you attend. If you do not go to the reexamination, you risk getting your disability benefits reduced. If you are unable to attend the reexamination, it is important that you notify VA as soon as possible. In this case, VA will likely work with the Veteran to re-schedule the reexamination without any penalty to the Veteran.

    Results of VA Reexaminations and How to Respond

    There are several potential outcomes or results of a VA reexamination. Specifically, VA may find that your condition has worsened and as a result, your disability rating may actually be increased. VA can also determine that there is no change in your service-connected condition. In this case, your disability rating would not be reduced and therefore your monthly compensation amount would remain the same. However, VA may find that your service-connected condition has improved in which case your disability rating may be reduced.

    If the results of the VA reexamination are unfavorable, meaning VA found that the service-connected condition has improved, Veterans have the right to challenge the results. Here, Veterans can get an outside medical opinion from a private physician or healthcare provider. Additionally, Veterans can submit lay statements outlining the onset, progression, and severity of their condition. Finally, Veterans can write a letter to VA explaining why the examination provided was inadequate, if applicable.

    When Are Veterans Protected From Reexaminations?

    According to 38 CFR § 3.327, no periodic reexamination will be scheduled in service-connected cases when:

    • The disability is established as static
    • When the findings and symptoms are shown to have persisted without material improvement for a period of 5 years or more
    • Other protected VA ratings
    • Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement
    • In cases of Veterans over 55 years of age, except under unusual circumstances
    • When the rating is a prescribed scheduled minimum rating; or
    • Where a disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more condition

    VA Issued Thousands of Unwarranted Reexaminations

    In July 2018, the Office of Inspector General (OIG) released a report that found that VA conducts thousands of unnecessary medical examinations for disabled Veterans, and is on track to spend more than $100 million over the next five years on these unwarranted reexaminations if nothing changes.   The OIG looked at a sample of 300 cases with reexaminations throughout a six-month period (March 2017 to August 2017) and found that VBA employees “requested unwarranted medical reexaminations in 111 cases,” approximately a third of the cases OIG selected for sampling. When looking at the data further, OIG stated that VBA employees requested reexaminations for Veterans who were supposed to be excluded from reexaminations for the reasons listed above.

    By failing to properly assess if reexaminations were warranted, OIG estimated that “VBA requested 19,800 Veterans to report for unwarranted reexaminations during the review period.” OIG also found that approximately 14,200 of the 19,800 Veterans did not have their disability evaluations changed following the reexaminations, and 3,700 Veterans received VA proposals to reduce their disability benefits, even though they were not supposed to be reexamined in the first place.

    Since then, VA has been working to implement the OIG’s recommendations of setting up internal controls that would ensure that a reexamination is appropriate before ordering it, and designing and implementing a system to minimize unwarranted reexaminations.

    Source

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  • VA Disability Ratings for Scoliosis

    VA Ratings for Scoliosis

     

    When you have scoliosis, it means that your spine has an abnormal curvature. Typically, the spine forms a curvature in the lower back and at the top of the shoulders. The most obvious sign of scoliosis is when the curvature in you back resembles the letter C or S instead. If you developed scoliosis during military service, you may be eligible for full or partial disability benefits. You could also qualify to file disability claims if you already had scoliosis, and it became worse during military service.

    According to the American Association of Neurological Surgeons (AANS), approximately 80 percent of scoliosis cases are congenital. That means the degenerative spine condition was present at birth, often without a discernable cause. When adults develop scoliosis, the AANS describes this as the neurological type caused by abnormalities in the nerves that affect the spine. The most common scoliosis symptoms include:

    • Back pain
    • Difficulty breathing because the chest does not provide enough room for the lungs to expand.
    • Limited mobility and range of motion
    • One shoulder blade is higher and sticks out further than the other.
    • Rotating spine
    • Uneven hips

    Service Connection for Scoliosis

    If you are considering filing disability claims for scoliosis, you need to receive an official diagnosis from a doctor with a diagnosis code confirming the scoliosis. You will also need to provide documentation that proves your military service caused your scoliosis or caused it to become worse. Your injuries of the spine may have developed as the result of a single episode or from repeated painful motions you had to make to complete your military service duties.

    Lastly, you will need a nexus letter that connects your military service with your current diagnosis code indicating scoliosis. Without a service-connected disability, the Department of Veterans’ Affairs (VA) will deny your claim. A nexus letter provides documented evidence from your medical provider that supports the information you provide to the VA. Here are some tips to help you and your doctor write a persuasive nexus letter to accompany your disability claim.

    • Resist the urge to allow emotion to take over as you write the letter by focusing on proven facts like back pain and limited range of motion.
    • Ask your current doctor to add his or her input as to your level of disability to the nexus letter.
    • Make sure your doctor has access to all your medical records related to your musculoskeletal system. Having your doctor state that he or she has viewed medical records and has ongoing access to them could help to influence the decision made by the Department of Veterans Affairs.
    • Remind your doctor to act as a neutral party when assisting you with the nexus letter and that the main purpose is for him or her to confirm it is at least as likely as it is unlikely that your back pain and limited range of motion has a service-related connection.

    Keep in mind that you do not have to experience incapacitating episodes of spine or back pain to qualify for disability benefits. The VA typically looks at the limitation of motion caused by your scoliosis when assigning a disability rating and approving or denying your disability claim.

    Secondary Service Connection for Scoliosis

    When you have a disease or disability related to a secondary service connection, it means that the condition developed in response to your primary disability of scoliosis. Spinal stenosis and arthritis of the spine are closely related to scoliosis and may develop as a result of this painful spine and back condition.

    Spinal stenosis occurs when the spaces within your spine narrow and cause pain by putting pressure on nerves that travel through the spine. Arthritis of the spine, also known as spinal arthritis, develops due to inflamed facet joints located in the spine or the sacroiliac joints that connect the pelvis and spine. Degenerative arthritis of the spine is the 10th most common reason that the VA grants a secondary service connection for scoliosis.

    Service Connection by Aggravation | What if you were diagnosed with Scoliosis before service?

    Service connection by aggravation means that you had scoliosis before signing on for military service, and it became worse while you were on active duty. However, you will need to submit documentation proving that you had scoliosis when you entered military service before the VA will consider you for service connection by aggravation disability benefits.

    Proving service connection by aggravation will be easier to do if your military service entrance exam noted that you already had scoliosis. If your military service record does not mention this, contact your doctor to see if he or she will write a letter outlining your pre-existing condition of scoliosis.

    You will also have to prove that your scoliosis worsened during military service. Unlike your primary disability claim, you do not have to document a specific event or duties that caused a worsening of your scoliosis. However, the progression of your impairment cannot have been due to its natural progression or occasional flare-ups. Creating a compelling case of service connection by aggravation requires input from your medical provider.

    Compensation and Pension Exam (C&P exam) for Scoliosis

    The VA requires some applicants for disability benefits to undergo a C&P exam when it needs more information to approve or deny a disability claim. The main purpose of a C&P exam is to help the VA understand the severity of the injury or illness. This information helps VA disability claims processors

    assign an accurate disability rating. A staff member at your local VA Center will contact you to schedule the exam. Here is what you can expect when you arrive at your C&P exam.

    • The doctor will review your disability claim and may ask questions about your medical records. Questions regarding your medical records typically come from the VA Disability Questionnaire.
    • The doctor will perform a physical exam that may test the range of motion in your neck and spine.
    • The doctor may request that you get a follow-up X-ray or other medical tests to support your disability claim.

    You can expect your C&P exam to last several minutes to more than an hour depending on the severity of your back curvature, back pain, and other symptoms. Once you have completed the C&P exam, the doctor forwards visit notes to VA disability claims processors. After reviewing the information in your medical records and appointment notes, the VA disability claims processors assign a disability rating and notify you of their decision by mail. This can take three to four months.

    You have the right to appeal the decision of the VA disability claims processors if you received a denial or disagree with the disability rating. As of February 19, 2019, you will need to go through the decision review process on the Department of Veterans’ Affairs website to file an appeal.

    VA Disability Ratings for Scoliosis

    The VA uses a system called the Veterans Affairs Schedule for Rating Disability (VASRD) when assigning a disability rating for conditions related to spine and back conditions, including scoliosis. However, scoliosis does not have a separate disability rating system on its own. The VA uses a general rating formula for all conditions related to spine and back conditions and then bases its disability rating primarily on limited range of motion of the spine. Here are some of the specific conditions included in the general rating formula for spine and back conditions.

    • Ankylosing spondylitis
    • Arthritis of the spine
    • Intervertebral Disc Syndrome
    • Favorable ankylosis
    • Limited range of motion of the sacroiliac and lumbosacral joints
    • Limited range of motion of the coccyx bone
    • Spondylolisthesis
    • Unfavorable ankylosis
    • Other diseases of the musculoskeletal system

    The VA uses a general rating formula that considers the degree of flexion you have in both your cervical spine and thoracolumbar spine. You would receive a 100 percent disability rating if scoliosis caused your entire spine to freeze in an unmovable position. The greater the percentage of flexion you have in your spine after a diagnosis of scoliosis, the lower your disability rating will be.

    TDIU for Scoliosis

    You may qualify for a Total Disability Rating Based on Individual Unemployability (TDIU) if your service-connected disability of scoliosis prevents you from finding or keeping gainful employment. This is true even if your disability rating from scoliosis is less than 100 percent.

    Feel free to reach out to Hill and Ponton, a law firm serving the Veteran community, with additional questions about disability compensation for scoliosis or assistance with appealing your VA disability claim.

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  • VA disputes science panel’s findings on proposed Agent Orange diseases; decision not expected until late 2020

    VA Disputes Science

     

    Under pressure from Congress to determine whether to add four diseases to the list of Agent Orange-related conditions, Department of Veterans Affairs officials have disputed a scientific panel’s findings and said they will wait for additional research to conclude before making what could be a $15.2 billion decision.

    In a report sent to the House and Senate Veterans Affairs committees on Monday, VA Secretary Robert Wilkie said VA experts “noted significant concerns and limitations” with several National Academies of Sciences, Engineering and Medicine, or NASEM, reports concluding that there is suggestive or sufficient evidence linking development of bladder cancer, hypothyroidism, Parkinson’s-like tremors and hypertension to exposure to herbicides for defoliation in the Vietnam War.

    According to Wilkie, NASEM did not identify any “definitive causal links” between Agent Orange and the diseases, and at least two — hypertension and bladder cancer — have other risk factors besides herbicide exposure, such as age, diet and tobacco use, that can contribute to their development.

    Also, Wilkie said, members of the NASEM panel, in drawing their conclusions, relied heavily on studies of Army Chemical Corps members “with known high occupational exposure” that don’t necessarily reflect the experience of most U.S. troops in Vietnam.

    Given the concerns and the cost, which according to VA could run between $11.2 billion and $15.2 billion, depending on interpretations of a court ruling, VA is waiting for the results of its own studies, expected later this year, to announce any decision, the report says.

    “The soonest the secretary would be able to consider adding any new presumptive conditions is in late 2020,” the report states.

    The VA reports in question, the Vietnam Era Health Retrospective Observational Study, or VE-HEROES, and the Vietnam Era Mortality Study, are complete but the conclusions must be analyzed and peer-reviewed as part of the decision-making process, according to the report.

    VA submitted the report to Congress Monday as required by the fiscal 2020 federal appropriations bill. Senate and House lawmakers have grown frustrated with the department for a nearly three-year delay in announcing a decision.

    Dr. David Shulkin, who served as VA secretary from January 2017 to March 2018, publicly stated in late 2017 that he had made a decision on whether to add three of the diseases, but the outcome was never released.

    Last October, Military Times reported that the delays resulted from objections from the Office of Management and Budget and White House advisers who raised concerns about the cost of adding new diseases to the list and requested additional scientific evidence to support the connection between herbicide exposure and the illnesses.

    According to the report, more than 190,000 Veterans would be eligible for disability compensation in the first year if all four conditions were approved. VA estimated that the number would grow to 2.1 million after five years.

    On Tuesday, Democrats who have pressed the VA to issue a decision expressed outrage over the report, calling it “shameful.”

    Senate Minority Leader Chuck Schumer, D-N.Y., said the Trump administration "continues to deny Veterans... the treatment they deserve.”

    “The report offers no explanation as to why the White House, Mick Mulvaney, and OMB continue to block these benefits and gives no plan to get Veterans the coverage they need,” Schumer said. “It’s outrageous that the Trump administration is breaking our nation’s promise to our service members by leaving behind Veterans suffering from Agent Orange exposure over ‘cost’ and attacking sound science from the National Academies. This is flat out unacceptable.”

    Rep. Josh Harder, a California Democrat who last year introduced a House resolution urging President Donald Trump to add the diseases to the presumptive medical conditions list, said Tuesday that the science already exists to add the diseases to the list of presumptive conditions.

    “This [report] confirms our suspicion that the VA is continuing to drag their feet while tens of thousands of Veterans are left to suffer with these diseases without the benefits they’re owed,” Harder said. "Congress needs to step in.”

    Sen. Jon Tester, D-Mont., said Veterans aren’t getting “justice” and instead have been “subjected to unwarranted delays, and consistently denied access to the critical care and benefits.”

    “This report is particularly troubling because the administration is denying the overwhelming scientific evidence that has already been put forth, and is instead changing the rules by seemingly forcing Veterans with bladder cancer, hypothyroidism, Parkinsonism, and hypertension to meet a different — perhaps unattainable — standard,” Tester said.

    In the report, Wilkie said VA “remains committed to the care of Vietnam Veterans.”

    VA also is committed to “the continued study of Agent Orange and its associated adverse health effects as well as regular review of all emerging evidence of adverse impacts to Veterans from Agent Orange,” Wilkie wrote.

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  • VA hiring to ‘maximum capacity’ to assist Vets seeking PACT Act benefits

    DVA Logo 006

     

    The Veterans Affairs Department’s benefits division is looking to bring several thousand hires onboard to “maximize its capacity,” as it prepares to implement legislation that will make millions of new Veterans eligible for VA health care and benefits.

    Charles Tapp, the Veterans Benefits Administration’s chief financial officer, told reporters Tuesday that more than 145,000 Veterans already filed claims under the PACT Act.

    “We want to encourage every Veteran to come in and file. If you believe that you’ve been exposed to toxins or served in the areas of responsibility, we encourage you to come out and file a claim,” Tapp said. “That’s the gateway to open the door for the benefits and services that certainly have been earned, and certainly the gateway to open up the opportunity to receive health care.”

    The PACT Act, which President Joe Biden signed into law in August, gives VA the resources it needs to staff up its health care workforce to treat approximately 3.5 million Veterans exposed to toxic burn pits, Agent Orange and other toxic substances during their military service.

    Hiring is currently underway to add more claims processors, and Tapp said the first cohort of these hires are onboard at VBA and going through agency training.

    “There’s millions of eligible Veterans who are going to come in and file claims, which we highly encourage. We want to make sure that we have the right number of people and the trained staff that we need to process those claims. The worst thing we want to do is have this certainly once-in-a-generation-level legislation come forward and become law, and then not be able to process them timely,” Tapp said.

    VBA set a goal of hiring nearly 2,100 claims processors this spring, prior to the PACT Act becoming law.

    While VBA is onboarding additional new hires, Tapp said the agency is “hiring to our maximum capacity,” with plans to hire “several thousand more” full-time hires to process PACT Act claims.

    “We’re looking at the volume of claims we’re anticipating and then aligning the size of our workforce accordingly. We’re grateful that Congress has been very accommodating in terms of getting us the resources to successfully process these claims,” Tapp said.

    VBA is seeing an uptick in calls and training its call-center employees on how best to assist Veterans seeking to file a claim under the PACT Act. The agency is also contacting Veterans who may be eligible for PACT Act benefits to educate them about the program, and reduce misinformation about how to apply.

    “Veterans that are flagged as being Gulf War era, Vietnam era or post- 9/11 era that fit the criteria for PACT [Act], we’re sending out communications to them to invite them to come in and file claims this so they’re knowledgeable on what PACT is, and how to go about filing claims,” Tapp said.

    Veterans can file a claim for free online at VA.gov. The site also provides Veterans with a list of accredited agents and Veterans service organizations (VSOs) that can also assist Veterans with filing an initial claim, free of charge.

    “There are some charges and fees that are allowable for appeals and other sequent claims, but for initial claims, they absolutely cannot charge you, by law,” Tapp said.

    VBA is also taking steps to mitigate fraudulent claims or schemes that prey upon benefits-eligible Veterans.

    “We’ve very aware of some of those schemes and the commercials and the emails and the posts and the blogs, and we always encourage Veterans to be conscious of who they’re working with,” Tapp said.

    Veterans who receive a call from an organization looking to assist them with filing a PACT Act claim can call the VA’s national call center (1-800-827-1000), and have an agent verify if the organization is accredited.

    Tapp said VBA is urging Veterans not to sign any contracts with any unauthorized company agreeing to pay a fee to help with filing a claim. He also urged Veterans to closely monitor their personal finances.

    “A lot of times fraud happens when direct deposit accounts are changed. So we want to make sure that you keep your information with VA up to date, in terms of your email address, your phone numbers and your addresses,” Tapp said.

    Tapp urged Veterans to also check for any mailed notices sent from VA, since the agency sends written correspondence any time direct deposit information changes.

    VBA is also using data analytics in the background with some of its industry partners to track potentially fraudulent activity.

    “We can track and trace when we see things that are out of tolerance, or things that could be perceived or eventually be signs and indications of nefarious activities, in terms of fraudsters trying to engage our systems and to try to go about infiltrating our systems to divert funds away from Veterans,” Tapp said.

    VBA is able to track, for example, if multiple direct deposit changes are being requested from the same Internet Protocol (IP) address.

    “Those are absolute red flags for us when we start seeing things that are not normal, out of tolerance, or certainly would be considered as a bit fishy,” Tapp said.

    Tapp said the VBA anticipates a possible uptick in fraud cases in January, once it starts adjudicating PACT Act claims. The agency works closely with the VA inspector general office and the Justice Department to handle any potential fraud cases.

    The VBA, meanwhile, is finalizing regulations that will provide guidance on how the agency will move forward with processing PACT Act claims at the start of calendar year 2023.

    “The law is telling us the ‘what,’ and now the regulations allow us to do the ‘how.’ We want to make sure we’ve got the proper procedures in place to make sure that our rating specialists are moving forward smartly, as they’re processing the claims, so that we can do them both timely and have high quality because that’s what Veterans deserve,” Tapp said.

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  • VA loans, other Vet benefits are top military transition tools

    VA Home Loans

     

    Listen, there are a lot of benefits to military service. There are so many the military actually hires people to explain them all to you. But chances are good this information was in a handout packet from your Transition Assistance class you didn’t read.

    Luckily, I’m going to give you a quick and dirty rundown of the major points. It would behoove you to go seek out the details of these benefits, since they cover basic needs that people will need their whole lives, like income, housing, work and things like that, since your mama and Uncle Sam aren’t footing the bill anymore.

    The first thing you need to do is file a claim for your VA benefits. The second thing you need to do is keep following up on it. Based on your submission and the VA’s subsequent (likely terrible) review of your records and a physical exam, the VA will designate a disability rating for you and assess if any of your chronic conditions are a result of your military service. If they find a condition like that, they call it a “service-connected disability” and will take care of that condition for the rest of your days. If they find enough things wrong with you that are related to service, they’ll just take care of all of you for life. You will also get a check in the mail every month to help ease your pain.

    See how important that is? So you are strongly advised not to go through this process by yourself. Once you give up your military medical records, you will likely never see them again so you should photocopy everything and fill out your VA disability claim with an expert. Many Veterans Service Organizations (Like the American Legion) are more than just old guys sitting around drinking beer in the middle of the day. They can connect you with someone who can shepherd you through this process. If you do nothing else, take the time to do this right before you go to that new job or start school.

    Now, if you decided more education isn’t for you, that’s okay. Be sure you transfer those G.I. Bill benefits to your spouse or children, though. But if you’re six months away from your discharge date, you still need to get moving. It’s time to find a job for yourself. By now you should at least have a post-military career resume squared away and know what field you want to go into. If you’re looking to go into government, you’re in luck, the government’s Veterans preference policy gives you an edge over other applicants. Governmental agencies are required by Congress to weigh their applicants with this preference.

    Not everyone automatically gets Veterans preference. There are even different levels of it. You also need to be discharged under an honorable or general discharge, so I hope you kept your nose clean. You get a ten-point preference if you have a service-connected disability with the VA or were awarded the Purple Heart. You have a five-point preference if you are authorized to wear a campaign or expeditionary medal. There are actually a few gray areas and exceptions to these rules, so be sure to actually look up the details before you start applying.

    The next thing we need to talk about isn’t something everyone in the military just gets, but it can be clutch when finding a job if you do have it: your security clearance. Chances are good that somehow the military actually trusted you with sensitive information. Lucky you.

    If your military career required a security clearance and you want to do the same job as a civilian, you’re still gonna need it. Even if you’re looking to work in another field but still need a clearance, that clearance is going to save your new company time and money in hiring you, and they know it. So don’t go crazy after your last day in the military and lose that clearance. You can still pull stupid stunts when you retire from your $200,000/year aerospace defense job, so don’t risk it all now.

    That’s not even the biggest benefit. There is one benefit so powerful as soon as you activate it, your phone will not stop ringing and your email inbox will explode: the VA Home Loan. The VA guarantees part of these loans, making them so attractive to lenders, they’ll throw themselves at you like you’re a female deployed to a tent city. If you’re smart about this, you’ll know exactly what kind of interest rate you want and how much you can afford. Do your research and get the right loan, the banks will take your money but they won’t do the legwork for you.

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  • VA Moves to Expedite Benefits for Post-9/11 Veterans' Asthma, Respiratory Problems

    Respiratory Problems

     

    The Department of Veterans Affairs will create a list of conditions thought to be linked to burn pits and other air-quality problems experienced by Veterans who served in Iraq, Afghanistan and elsewhere since the Persian Gulf War.

    VA Secretary Denis McDonough announced Thursday that the department will start the rulemaking process to add chronic respiratory conditions such as asthma and sinusitis to a list of presumptive illnesses considered linked to service.

    The move comes after an internal VA review "resulted in the recommendation to consider creation of new presumptions," based on existing reports and scientific evidence, he said.

    "VA is establishing a holistic approach to determining toxic exposure presumption going forward. We are moving out smartly in initiating action to consider these and other potential new presumptions, grounded in science and in keeping with my authority as secretary of VA," McDonough said.

    Rulemaking is the first step in ensuring that affected Veterans have an easier time receiving approval for certain conditions. McDonough said the initial list includes asthma, sinusitis and rhinitis, but more could be added as the VA obtains additional information.

    "This is just the beginning of our efforts to help Vets suffering from toxic exposure. … This is an urgent ongoing process," he said.

    Establishing federal policy by rulemaking is a lengthy process that can in some cases take years. McDonough promised that the VA would approach the process as an "urgent matter."

    "It breaks all of our hearts that we have Veterans who suffer. It makes me particularly sad that we have Veterans with terminal diagnoses," he said.

    Congress is considering a massive health care package for Veterans with illnesses caused by exposure to pollutants. Both the House and Senate Veterans Affairs Committees are working on legislation that would provide health care and disability compensation for those sickened by burn pits and other environmental toxins during their military service.

    The VA estimates 3.5 million Veterans were exposed to burn pits, which were acres-wide and used to dispose of waste in combat zones. The department historically has maintained that the science is unclear on the link between conditions such as cancer and breathing in burn pit fumes for months at a time, although McDonough now says the department is looking at reports not only from the National Academies of Sciences but also across the research spectrum.

    The VA also announced Thursday it will begin processing claims for new presumptive conditions linked to exposure to herbicides used in Vietnam and elsewhere in the 1960s and 1970s.

    McDonough said the department will implement provisions of a law passed earlier this year that added bladder cancer, hypothyroidism and Parkinsonism, or Parkinson's-like symptoms, to the list of presumptive conditions linked to Agent Orange exposure.

    "Many of our nation's Veterans have waited a long time for these benefits," he said. "VA will not make them wait any longer."

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  • VA pays more than $40K owed to disabled Veteran since 2018

    Willie Milligan

     

    HOPE MILLS, N.C. (WTVD) -- We continue to fight for Veterans waiting for years to get answers when it comes to their pending claims with the Veterans Administration.

    Rosie Milligan said she and her 75-year-old husband Willie Milligan got frustrated waiting for their disability claim to work its way through the VA system.

    Rosie said she needs help taking care of her husband as his health continues to decline. "It was so frustrating to me because I'm looking at him, and his health is going down, down and down."

    Willie Milligan, a Vietnam Veteran, is deemed 100 percent disabled through the Veteran's Administration. After several heart attacks and other medical issues, the Milligans said they applied for Aid and Attendance, which would help pay for care for Willie. It took some time and appeals, but the VA eventually granted that coverage in 2018. But even though the aid was approved, no money came to the Milligans.

    "He would say things like I won't live to see it, and I was like don't say that," Rosie Milligan said.

    With no answers from the VA, the Milligan's turned to Troubleshooter Diane Wilson, and she got in touch with the Veteran's Administration. Rosie said soon after getting in touch with ABC11, a representative from the VA reached out to them, and Willie's claim for Aid and Attendance was finally addressed.

    It didn't take long for the Milligans to get the more than $40,000 that the VA owed to them in back pay for their claims. Rosie Milligan said, "There was a lot of relief, there was a lot of relief. We thank you."

    When asked why it took so long for Willie Milligan to get his benefits, a representative for the VA said, "A maze of previous federal laws made VA's claim appeals process complex, inefficient and difficult to navigate for Veterans. That's why VA worked with Congress and Veterans Service Organizations on the Veterans Appeals Improvement and Modernization Act of 2017, which overhauls and modernizes our claims appeals process and thereby provides better, faster decisions for Veterans."

    If you are a Veteran and need help, NC Serves has a list of Veteran services, including Veterans Service Organizations (VSOs) in the Central NC area. VSOs can assist Veterans filing claims and appeals with the Veterans Benefits Administration. Most organizations are listed by county for closer accessibility for Veterans.

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  • VA Ratings for Arthritis Explained

    Ratings for Arthritis

     

    How the VA Rates Degenerative and Rheumatoid Arthritis

    Arthritis is the most common disability and affects 52.5 million adults in the United States, or one in every five. There are two main types of arthritis: degenerative arthritis and rheumatoid arthritis. For the purposes of this blog, the primary focus will be on VA disability for degenerative arthritis, which affects 27 million Americans.

    Degenerative arthritis may also be referred to as osteoarthritis and is the most common form of arthritis. According to the American Academy of Orthopedic Surgeons, degenerative arthritis is the primary reason for discharge from active duty military service. Degenerative arthritis of the spine is listed as one of the most prevalent service-connected medical conditions in the 2018 VA benefits report, with 505,553 disability benefits recipients for the condition. The report then lists general degenerative arthritis and traumatic arthritis with 268,882 and 258,135 recipients, respectively.

    In contrast to rheumatoid arthritis – a chronic, inflammatory, autoimmune disorder that can affect more than your joints – degenerative arthritis results from the wearing down of the protective cartilage that cushions the ends of your bones.   Degenerative arthritis leads to symptoms including pain, stiffness, limitation of motion, limitation of flexion, grating sensation or clicking with joint use (known as crepitus or crepitation), swelling, and joint instability or buckling (i.e., knee giving out). Osteoarthritis can theoretically affect any joint but typically occurs in your hands, feet, spine and hips. While it is known to result in the breakdown of cartilage, it also affects the entire joint.

    As the condition worsens, the bone may harden, change shape or develop bone spurs.   Additionally, the connective tissues deteriorate and there is often inflammation of the joint lining. Some of the causes include joint injuries or repeated stress on the joint(s) from sports or job duties. For the average person, the cartilage breaks down gradually but for Veterans, the breakdown often occurs suddenly within one or two years post injury. In some cases, these conditions may lead to loss of use and incapacitating episodes. This functional loss could require surgery such as a knee replacement.

    How to Prove Service Connection For Arthritis

    As with all VA disability claims, proving service connection is the first important step.   Because of the nature of the condition, there doesn’t need to be a traumatic event, or injury, to prove service connection for osteoarthritis. Repetitive stress on your joints with documented symptoms can be sufficient to establish your claim since service connection for arthritis may be proven through continued symptomology. This means that the typical medical evidence of a diagnosis or nexus is not necessarily needed if you are able to show continuation of reported symptoms from service.

    To establish service connection through continuity of symptomatology, the claimed disability must be considered chronic pursuant to 38 CFR 3.309(a), symptoms must be documented in service and after discharge, and there must be a connection between your post-service symptoms and your current disability.

    But arthritis can also be presumptively service-connected. According to the VA regulations, if your symptoms of arthritis appear within one year of discharge from service and qualify for at least a 10% VA disability rating, the presumption of service connection applies.

    Another option for service connection is to claim arthritis as a secondary disability.   In this scenario, your arthritis would have to be the result of, or secondary to, a separate disability that is currently service-connected. For example, the VA regulations provide that if you are service-connected for an amputation and subsequently develop arthritis, arthritis may be granted service connection secondary to the amputation.

    VA Disability Ratings for Arthritis

    Under the schedule of ratings in the VA regulations, arthritis may be rated under degenerative arthritis or rheumatoid arthritis. Several rating criteria affect the total rating decision. However, both are still rated under the musculoskeletal system conditions. Rheumatoid arthritis, as an active condition, may receive a 100% VA disability rating if you experience constitutional manifestations associated with active joint involvement and is totally incapacitating. The rating schedule then steps down to 60%, 40%, and then 20%, which involves one or two exacerbations annually with a well-established diagnosis. Rheumatoid arthritis, in terms of chronic residuals, will be rated under the appropriate diagnostic code for the joints involved. But, rheumatoid arthritis will only be rated either as an active condition or for its chronic residuals.

    Osteoarthritis can manifest from mildly disabling to almost complete impairment, and will be rated by the VA accordingly once service connection is proven. The VA may schedule a compensation and pension (C&P) examination to evaluate your arthritis and assign the appropriate rating.   As with all VA disability ratings, the examiner will review your medical evidence looking for past diagnoses and symptoms. If there is insufficient documentation, the C&P examiner may order additional tests.

    With any form of arthritis, your ranges of motion, and any associated pain, are important factors to be evaluated. Because limited motion is so vital to your arthritis rating, it is essential that physicians record the exact measurements for your range of motion measurements. For the most accurate measurement and associated rating, examiners often use a goniometer regarding your joint’s flexion and extension. Except for traumatic arthritis, the VA regulations state it is essential for your exam to cover all major joints.

    The key is that the VA will initially look at each joint independently to decide whether there is limited motion and if there is joint pain with X-Ray of hand with joint explanation. VA Arthritis ratingsmotion. If there is limited motion in your joint, then your condition will be rated based on that joint’s limited motion. If limited motion is not present, then you will receive one overall combined rating under VA diagnostic code 5003 for degenerative arthritis. Any claimed joint conditions will be rated as degenerative arthritis if there is not a significant measurement of limited range of motion to rate under those applicable diagnostic codes. The VA does not rate a disability under limited range of motion and degenerative arthritis.

    Moreover, if there is pain (without limited motion), then the VA’s painful motion principle kicks in. Under the painful motion rule, the minimum compensable rating of 10% must be assigned.   Therefore, the C&P examiner ought to test for active and passive, weightbearing and non-weightbearing, motion pain. If possible, the examiner should also test your unaffected joint for an accurate evaluation of your range of motion. Based on the painful motion regulation, you can theoretically receive a 10% rating for different joints as long as there is not overlap causing it to count twice.   Although range of motion is a big factor, the functional impairment ought to be addressed as well. Factors including frequency and severity of joint swelling, stiffness, tenderness should all be reported and discussed to achieve a full picture of the severity.

    Under the VA rating schedule, there is a standard 20% disability rating if there is x-ray evidence of involvement of two or more major joints, or minor joint groups, with occasional incapacitating exacerbations. Major joints include the shoulder, wrist, elbow, hip, knee, and ankle while minor joints include toes, fingers, spine, and sacroiliac. If two or more major or minor joint groups are affected, but there are no incapacitating exacerbations, a 10% rating may be assigned.   If only one major or minor joint group is affected, you may only receive a rating higher than 0% under diagnostic code 5003 if there is also evidence of painful motion.

    Additionally, while there are other forms of arthritis under the VA codes, such as pneumococcic or traumatic, these specific forms are rated within one of the two main umbrellas: degenerative or rheumatoid. If a condition is rated under degenerative arthritis, then your final rating may have a code listed prior to identify the condition itself and then list 5003 to show how it is rated (i.e., 5010-5003).

    Temporary 100% Ratings For VA Disability Claims

    Surgery can sometimes improve the function of the affected joints. Some Veterans will undergo a knee replacement, with hip and knee joints being the most common, to help with mobility and pain. These surgical procedures for your arthritis may open the door to other claims, higher ratings, and VA disability benefits.

    One of these includes a temporary rating based on hospitalization. If you are already service-connected for arthritis and stay in a hospital for over 21 days as a result of your condition (i.e., joint replacement surgery), you may qualify for a temporary 100% total rating for the duration of your hospital admittance. Similarly, the VA may award a temporary 100% disability rating for convalescence. This involves the recovery period following a surgery related to your service-connected condition. For a convalescence claim to be awarded, the period must be at least one month, surgery has resulted in postoperative residuals like being housebound or a continuing need for crutches or wheelchair, or a major joint has been immobilized by a cast. If you need help with a service-connected claim for arthritis, feel free to give us a call or reach out!

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  • VA Releases Survivors Quick Start Guide

    Survivors Quick Start

     

    Reference guide to help during final arrangements planning

    Each person experiences grief differently when a loved one passes, but survivors should not feel confused about what to do next. The Survivors Quick Start Guide provides Veteran family members and caregivers a reference guide for what to do next. (DOWNLOAD)

    Part of VA’s Welcome Kit, the Survivors quick start guide begins with a step by step checklist for preparing, applying for, and following up on the available benefits. Each step spells out in plain language what to do, what forms to fill out, and who to call if you need help.

    The guide also helps families identify VA Survivor benefits and services they may be eligible for.

    “We hope this consolidated information helps clarify the process, streamline final arrangements and helps survivors focus on what should be done to ensure continuation of the Veteran’s earned benefits.” – Ann Duff, Director of VA’s Survivor Assistance Office.

    Next, the quick start guide lists each of VA’s Survivor benefits and services. Including burial and internment, compensation, education, home loan and insurance benefits. It also highlights several counseling services available in one’s time of need.

    The Survivor Quick Start Guide and VA Welcome Kit illustrate VA’s goal to not only serve Veterans, but their families as well.

    Non-profit organizations such as Tragedy Assistance Program for Survivors (TAPS) also compliments the benefits. TAPS supports the VA by providing comfort and care to all who are grieving the death of their Veteran. Additional support available at no cost through TAPS includes access to a 24/7 emotional support Helpline at 800.959.TAPS, casework assistance for additional financial support and resources, peer based emotional support for your grief, and connections to grief and trauma counseling and support groups.

    “Your loved one stepped forward to serve their country, and now we are there for you with resources and services. The VA Survivor Benefits Guide and the Survivor Quick Start Guide are a wonderful resource for navigating VA Survivor benefits and services” – Bonnie Carroll, TAPS President and Founder

    The frequently asked questions in the guide include topics such as, “How would a spouse or dependent know what survivor benefits they may be eligible for?” and “As a surviving spouse am I eligible for healthcare?”

    Please visit va.gov/welcome-kit/ to download and print the Survivors Quick Start Guide as well as the VA Welcome Kit. Information on burial and memorial benefits can be found at va.gov/burials-memorials.

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  • VA Releases Updated List of Agent Orange Exposure Locations

    Agent Orange 011

     

    The Department of Veterans Affairs has released an updated list of locations outside Vietnam where tactical herbicides such as Agent Orange were used, tested or stored by the military.

    Agent Orange was a weed killer sprayed on the jungles of Southeast Asia during the Vietnam War to eliminate forest cover and crops for North Vietnamese and Viet Cong troops. The name came from the orange identifying stripe used on the 55-gallon drums in which it was stored.

    Veterans who were exposed to Agent Orange or other herbicides during service may be eligible for a variety of VA benefits, including an Agent Orange Registry health exam, health care and disability compensation for diseases associated with exposure. Their dependents and survivors also may be eligible for benefits.

    Agent Orange exposure can cause several serious illnesses, as well as birth defects in the children of Veterans who were exposed to the chemical.

    The news comes on the heels of the Jan. 1, 2020, VA expansion of Agent Orange benefits to Veterans who were exposed to the herbicide during their service. That expansion includes Navy Veterans who served in the territorial waters of Vietnam and Cambodia, as well as Veterans of all branches who may have been exposed in other locations, including stateside bases.

    Previously, only Veterans who were exposed to the dangerous weed killer while serving in-country Vietnam were eligible for any VA benefits.

    The expansion of Agent Orange exposure locations came as a result of Public Law 116-23, the Blue Water Navy Vietnam Veterans Act of 2019.

    The new law adds an estimated 420,000 to 560,000 Veterans to those already eligible for care and benefits for possible exposure.

    "This update was necessary to improve accuracy and communication of information," said VA Secretary Robert Wilkie. "VA depends on DoD to provide information regarding in-service environmental exposure for disability claims based on exposure to herbicides outside of Vietnam."

    You should contact the VA immediately if you or a loved one served in one of the designated Agent Orange exposure locations.

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  • VA restarts collection notices for benefits overpayments after COVID put them on hold

    DVA Logo 014

     

    COVID-19’s impact on Veterans is not slowing down but the Department of Veterans Affairs is going ahead with its plan to restart collections for care. The agency’s Office of Public and Intergovernmental Affairs announced Wednesday that it would resume overpayment notifications for benefit overpayments that were suspended from April 3 through Jan. 1, 2021.

    Secretary Robert Wilkie said Veterans and beneficiaries who still are experiencing financial hardships due to the pandemic still will have access to certain enhanced relief options as a result.

    VA deferred collection of these overpayments during to the COVID-19 pandemic, including suspending all actions on Veteran’s debts under the jurisdiction of the Treasury Department, and suspending collections or extending repayments for preexisting VA debts.

    As such, Veterans could submit their paperwork late for purposes of perfecting claims, challenging adverse decisions, submitting “notices of disagreement,” submitting “substantive appeals,” and if responding to “supplemental statements of the case.”

    “These include extending repayment plans, waivers, compromises and temporary hardship suspensions,” Wilkie said in a statement. “Most importantly, the department will pause collections through October 2021 for Veterans who remain in financial hardship and request relief.”

    Since April 6, VA put monthly copay patient statements on hold, although Veterans could make payments before the statements restart next month. The statements going out in January may include the total amount of any new copay charges for medical care and prescriptions received from April 6 through Dec. 31, and unpaid copay charges for medical care and prescriptions received before April 2020.

    The department said it was processing benefits payments as normal and that it would not count any money received as part of the COVID-19 stimulus package as income for VA disability compensation, individual unemployability, VA pension, or parent Dependency and Indemnity Compensation (DIC) beneficiaries.

    Veterans and beneficiaries with questions regarding benefit overpayments can submit requests online through the Inquiry Routing and Information System (IRIS), which has staff assigned to individual cases. Beneficiaries can also call 800-827-0648, but VA’s Debt Management Center said on its website as of Thursday, Dec. 31, it was struggling with high call volume due to the COVID-19 debt suspension notifications. The center will also close Friday, Jan. 1, for the federal holiday and will reopen Saturday, Jan. 2 from 6 a.m. EDT (7 a.m. CDT) until 2:30 p.m. EDT (3:30 p.m. CDT). The center resumes normal operating hours on Monday, Jan. 4.

    As for its response to the virus itself, VA said on Dec. 16 it had begun administering the Pfizer-BioNTech COVID-19 vaccine to frontline health care workers and Veterans in long-term care and spinal cord injury centers, in New Orleans and Bedford, Massachusetts. As of Wednesday the department said it had administered more than 55,000 vaccines nationwide, using both the Pfizer-BioNTech and the Moderna versions.

    By Thursday morning, the department tabulated 152,091 cumulative COVID-19 cases among Veterans, employees and non-Veterans tested or treated at VA facilities – 10,726 active cases and 6,607 known deaths – according to its public data tracker. Employees accounted for 1,055 of the active cases, 13,587 convalescent cases, and 95 VA employees have died from the virus as of Tuesday.

    It’s why employee union representatives said before the December holidays that many VA medical center workers were feeling “burned out” and a sense of despair. Age-old staffing shortages were making it even harder to treat patients and keep health care workers quarantined if they test positive.

    During the six weeks between March 15 and May 1, the Veterans Health Administration canceled 7.3 million appointments after it instructed medical facility staff to avoid non-urgent face-to-face contact with patients. And although some were converted to telehealth appointments, VA Inspector General Michael Missal told Federal Drive with Tom Temin back in September that there was no evidence of follow-up for about 2.3 million of the cancelled appointments. Missal called VHA’s guidance on March 22 to designate all canceled appointments as being canceled by the patient “whether or not the patient really canceled it” problematic because it was less likely to encourage facilities to follow up.

    Missal said some Veterans had multiple appointments canceled, making it unclear exactly how many individuals never got rescheduled.

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  • VA resumes in-person benefits services halted by the COVID-19 response

    DVA Logo 38

     

    The U.S Department of Veterans Affairs (VA) announced today the reestablishment of in-person benefits services in select locations throughout the country.

    Currently, there are 11 regional offices (RO) open to the public and more are expected to reopen in the coming weeks as reopening phases will vary by RO and local conditions.

    “During the last few months, VA regional offices continued performing our essential mission virtually — to provide benefits to Veterans and eligible family members,” said VA Secretary Robert Wilkie. “We have robust safety measures in place that will allow us to resume in-person services while protecting the health and safety of Veterans, their families and our team members who serve them.”

    ROs will continue adherence to Centers for Disease Control and Prevention guidelines which includes the use of social distancing, face coverings, hand sanitizer and asking sick individuals to stay at home.

    Veterans can continue to interact with the Veterans Benefits Administration (VBA) virtually for accessing benefits information online or when filing a claim online. For claim-specific questions call 1-800-827-1000. To check the availability of an RO near you, visit VA benefits offices.

    VBA’s return to normal, pre-COVID-19 public-facing operations align with White House guidelines for re-opening. Read more about our response to COVID-19.

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  • VA taking on the challenges of aging with PTSD

    Aging With PTSD

     

    Strategies that help older Veterans

    New challenges appear with age. Those challenges can make the symptoms of posttraumatic stress disorder (PTSD) more noticeable, cause them to come back after many years or even to occur for the first time.

    “It really wasn’t until after I retired and moved to be with my family that the [PTSD] symptoms began to be bothersome and disrupt my life, disrupt my family’s life,” says Mary Martin, an Air Force Veteran.

    Don’t assume that these changes are a given or that it’s just what happens with getting older. Memories or impacts of trauma can be addressed at any age. You’re never too old to get help, and older adults can benefit from effective PTSD treatments, even for people who experienced trauma decades ago.

    It’s common for older adults to minimize and deny the pain they experience from past traumas. They’re more likely to try to cope with these issues by themselves instead of seeking mental health treatment. However, strategies that once seemed to help with PTSD symptoms can be more difficult to maintain as people get older.

    Common challenges and strategies

    Dr. Elissa McCarthy, clinical psychologist at the National Center for PTSD, and Dr. Joan Cook, associate professor of psychiatry at the Yale School of Medicine, shared some common challenges faced by older adults and strategies for how to deal with those challenges:

    • CHALLENGE: More free time. Increased amounts of free time can make unpleasant memories more frequent.
    • STRATEGY: Create structure and maintain a routine or organized schedule. Spend more time on hobbies or doing other enjoyable activities that you may not have made time for earlier in life. For example, learn to play an instrument, bake, start a blog or make a scrapbook with old photos.
    • CHALLENGE: Loss of purpose. Retirement can be challenging if work was a large part of your identity.
    • STRATEGY: Learn new skills or volunteer. For example, many older Veterans enjoy giving back by mentoring Servicemembers or younger Veterans.
    • CHALLENGE: Loss of loved ones.
    • STRATEGY: Having a network of supportive people is important. Maintain relationships with people you care about and make new friends, too. For example, look for social groups who enjoy your hobbies or an activity you want to learn.
    • CHALLENGE: Changes in physical ability.
    • STRATEGY: Replace hobbies with other similar activities. For example, if poor eyesight makes reading difficult, try audiobooks or podcasts instead. For those who are homebound or have limited mobility, there are other options, like telehealth, for receiving counseling and care from home.
    • CHALLENGE: Medical problems. Living with untreated PTSD can make other mental and physical health issues worse.
    • STRATEGY: Don’t assume this is how aging needs to be, be proactive in managing health conditions and get treatment for PTSD symptoms that arise.

    Symptoms may worsen

    As people age, their PTSD symptoms may suddenly appear or become worse, causing them to act differently. It may be unsettling to see these changes in a loved one, but it’s nothing to fear. Changes are common and treatment can help. If a loved one is living with PTSD, these tips can help:

    • Take time to understand what friends or loved ones went through and what they’re now experiencing as they live with the symptoms of PTSD.
    • Be supportive and nonjudgmental. Think about how to respond better if a loved one says they’ve experienced trauma or may have PTSD. Responding negatively, even unintentionally, can shut someone down. Thank them for sharing their personal story with you.
    • Connect them with care. If being the main support person for a loved one becomes too much to handle, connect them to help and remain in a loving, supporting role. Don’t forget that loved ones need help and support, too.
    • Give hope. Understand that symptoms can come and go throughout different times in a person’s life. Remind loved ones that they’ve successfully coped in the past, and can do it again.

    Visit the National Center for PTSD website for information, videos and tools to help manage PTSD. For more information on older adults with PTSD, download the Understanding PTSD and Aging booklet.

    If you care about someone with PTSD, download the Understanding PTSD: A Guide for Family and Friends booklet to learn more about how to support your loved one and take care of your own needs.

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  • VA to restore benefits for LGBTQ Vets who received other-than-honorable discharges: report

    LGBTQ Vets

     

    VA officials will announce the move on the 10-year anniversary of the 'don’t ask, don’t tell' policy’s repeal

    The Department of Veterans Affairs will unveil plans Monday to restore full benefits for LGBTQ service members who left the military with a classification other than honorable discharge due to their sexual orientation, according to a report.

    The initiative would apply to LGBTQ Veterans who were forced to leave the military under the now-repealed "don’t ask, don’t tell" policy, the Military Times reported, citing sources familiar with the matter. Additionally, Veterans Affairs officials will open reviews into cases of Veterans who served before or after the "don’t ask, don’t tell" policy was implemented and were treated improperly upon discharge.

    VA officials will announce the move on the 10-year anniversary of the policy’s repeal. White House officials are also set to hold an event commemorating the anniversary, according to the report.

    Officials from the Department of Veterans Affairs did not immediately return a request for comment.

    LGBTQ Veterans with other-than-honorable discharges will gain access to VA medical care, disability and other benefits they did not previously receive. However, Veterans who received dishonorable discharges or have a criminal record will not be eligible.

    The "don’t ask, don’t tell" policy was implemented in 1994 under the Clinton administration and repealed in 2011 when President Biden served as vice president under former President Barack Obama. Roughly 14,000 service members were reportedly forced out of the military under the policy.

    The Biden administration has taken steps to create a more inclusive environment for LGBTQ service members in recent months.

    In June, VA Secretary Denis McDonough said the department would offer gender confirmation surgery for transgender Veterans for the first time in its history. Months earlier, Biden repealed a Trump-era policy that largely barred transgender individuals from military service.

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  • VA to start processing Vietnam vets’ claims for conditions newly linked to Agent Orange poisoning

    AO Poisoning Claims

     

    Veterans Affairs officials on Thursday announced they will immediately begin processing disability claims for three new illnesses linked to Agent Orange exposure in Vietnam, even though final rules on the cases are still a few weeks away.

    “Many of our nation’s veterans have waited a long time for these benefits,” said VA Secretary Denis McDonough in a statement. “VA will not make them wait any longer. This is absolutely the right thing to do for veterans and their families.”

    Presumptive benefits for the three conditions — bladder cancer, hypothyroidism, and Parkinsonism — were mandated by Congress in the annual defense authorization bill passed in December.

    For the last five months, VA officials have been working on how to implement that order, to ensure the extra workload doesn’t overload the claims processing system. The previous presidential administration had said the work could take up to 24 months, but McDonough in February publicly vowed to speed up that process.

    About 52,000 veterans and another 6,000 family members of deceased veterans are expected to qualify for the new benefits, which can be worth several thousand dollars a month.

    Adding the three illnesses to the list of presumptive conditions related to service in Vietnam is key, because it removes the need for documentation conclusively linking veterans’ illnesses to their time in the ranks.

    The government already recognizes 14 other conditions connected to widespread chemical defoliant use during the Vietnam War, which sickened hundreds of thousands American veterans.

    VA staff noted that the rulemaking work still continues for the change, but they are looking at ways to speed the lengthy review process by getting cases filed as soon as possible. Payouts could be sent out in coming months.

    Department officials will also review existing cases which were denied in the past to see if they qualify for benefits now. They could not say how many individuals may be affected by that move.

    Veterans who were denied in the past do not need to take any action to have their case reviewed. Depending on the results of their case review, the department could send out retroactive payments to their initial date of filing, leading to large windfalls for some individuals.

    The list of new presumptives does not include high blood pressure, a condition that outside health advocates say has strong links to chemical defoliant exposure but was not included in the defense legislation last year.

    Outside advocates estimate as many as 160,000 additional veterans would qualify for disability benefits if that condition were added to the presumptive list. Lawmakers are pushing to do that in a pair of sweeping toxic exposure bills which advanced in Congress this week.

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  • VA unemployment benefit would be protected under this plan

    Unemployment Benefit

     

    A new House proposal would make the Department of Veterans Affairs Individual Unemployability program permanent even for elderly Veterans, following attempts in recent years to pare back the benefit.

    On Tuesday, Rep. Maxine Waters, D-Calif. and chairwoman of the House Committee on Financial Services, introduced the Protecting Benefits for Disabled Veterans Act, arguing the change is needed to provide assured financial support for Veterans who depend on the program.

    Codifying the program is needed “so that we can ensure all Veterans who are unable to secure a job due to a service-related disability receive benefits,” Waters said in a statement. “It also ensures that Veterans are not kicked out of the program simply because they’ve earned other benefits, like retiree benefits.”

    That was a major friction point between Veterans advocates and President Donald Trump’s administration, which proposed cutting back on the benefit for Veterans after they reach retirement age.

    Under current rules, the Individual Unemployability program awards payouts at the 100 percent disabled rate to Veterans who cannot find work due to service-connected injuries, even if actual rating is less than that. That financial support can top $20,000 a year for some individuals.

    The program is aimed largely at working-age Veterans, but VA officials said in 2018 that about 225,000 Veterans over the age of 60 were also enrolled in the program.

    At the time, the Trump administration argued that unemployment benefits for those individuals didn’t make sense, since many were collecting retirement or Social Security benefits not available to working-age Vets.

    Cutting off the benefits for Veterans eligible for Social Security payouts would save about $3 billion a year. But lawmakers rejected the plan after Veterans groups argued that the money provides a critical safety net for those elderly Veterans, and removing it would create significant hardship.

    Waters’ plan would go further, ensuring that future administrations can’t revisit the idea. The IU program has been in operation since 1934 but is not authorized in statute, meaning it can be altered or ended without first getting congressional approval.

    The legislation would change that, and insert language guaranteeing that “Veterans applying for the IU program will not be denied based on their age or eligibility for retirement benefits.”

    The bill has several Democratic co-sponsors who sit on the House Veterans’ Affairs Committee, but faces a long legislative path before becoming law.

    It was one of two Veteran themed-bills introduced by Waters on Tuesday. The other, the Veterans Service Organization Modernization Act, would create a $10 million program within the Department of Housing and Urban Development to award grants to Veteran’s service organizations for maintenance and upgrades to local community facilities.

    Source

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  • VA’s judge employment peaks, as department continues record breaking appeals progress

    DVA Logo 36

     

    The U.S. Department of Veterans Affairs’ (VA) Board of Veterans’ Appeals (Board) hired seven new Veterans Law Judges (VLJs) effective March 1, to help the Board continue its record-breaking progress adjudicating Veterans appeals.

    These new hires bring the Board’s total number of VLJs to 102 – the largest since the Board’s inception in 1933.

    “2019 was a historic year for the Board and we look forward to reaching new milestones in 2020, said VA Secretary Robert Wilkie. “In fiscal year 2019, the Board issued 95,089 decisions to Veterans and held more than 22,000 hearings – both are record numbers.”

    Eight months after implementation of the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), VA announced its plan to resolve legacy appeals by the end of 2022. The appointment of the seven VLJs will help VA towards meeting that goal.

    Veterans Law Judges are both experienced attorneys and subject matter experts in Veterans law.

    Following an initial screening, the chairman of the Board recommends a list of candidates to the VA secretary. The selected VLJs are then appointed by the secretary with the final approval coming from the president.

    Source

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  • VBA looks to hire thousands more employees to speed up benefits claims processing

    DVA Logo 006

     

    The Department of Veterans Affairs expects to keep growing its benefits division’s workforce through the end of the fiscal year, now that it’s able to tackle a trove of Veterans’ claims that’s been growing since the summer.

    The VA on Jan. 1 started processing all claims submitted under the PACT Act, which enables a historic expansion of eligibility for VA health care and benefits.

    The legislation, signed into law by President Joe Biden in August, is expected to bring an additional 3.5 million Veterans into VA care.

    Acting Undersecretary for Benefits Josh Jacobs told reporters in a late December briefing that the Veterans Benefits Administration is “actively working to hire more” employees through fiscal 2023.

    Jacobs said VBA is using new PACT Act authorities and funding to hire an additional 1,900 employees in the first half of fiscal 2023. The agency, he added, has already completed onboarding steps for about 40% of its target workforce.

    “The bottom line is we want to send a message to Veterans that we’re ready. We’re excited to implement the PACT Act and we want you to apply now so that we can deliver the care and benefits that you deserve and have earned,” Jacobs said.

    The VA, to date, has received 213,000 PACT Act-related claims for benefits since Biden signed the legislation in August. The agency has also conducted 959,000 toxic exposure screenings of Veterans, and nearly 39% have reported a concern about toxic exposure.

    In addition to the agency’s 1,900-employee hiring goal, Jacobs said VBA is “actively working to hire more” employees, and plans to bring another approximately 2,500 employees by the end of FY 2023.

    VBA also plans to host a national hiring event in early February to interview and onboard more employees.

    VBA is looking to hire thousands of new employees this year and implement additional automation tools to process benefits claims faster than ever. The agency hired over 2,000 employees last year in anticipation of its growing workload under the PACT Act.

    “We’re continuing to build on that foundation and delivering more benefits more quickly to more Veterans,” Jacobs said.

    Beyond recruiting and hiring, Jacobs said VBA is focused on training all its employees on how to handle PACT Act claims.

    Jacobs said VBA started PACT Act training for its workforce at the beginning of December, and that the agency has trained about 50-60% of the total workforce so far.

    “We know that it takes a while to train new employees. It takes several months. This is a complex business, but we also need to train our current employees,” he said.

    Each employee receives about 15 hours of training on PACT Act claims. Jacobs said VBA completes about 5,000 hours of training on any given day.

    “That’s an important investment upfront. That is critical for us to be able to make the right decision the first time we process the claim,” Jacobs said.

    VBA is keeping up its hiring initiatives and rolling out automated support tools, to stay ahead of the surge of PACT Act claims.

    Jacobs said VBA processed over 390,000 total claims for benefits in fiscal 2023 so far, about a 13% increase compared to where the same period last year. VBA completed a record high of 1.7 million total claims in fiscal 2022.

    However, the agency anticipates its claims backlog will temporarily increase as takes on its additional workload under the PACT Act.

    “We’re going to have a dip in production that will then ultimately come back up,” Jacobs said.

    Jacobs said the backlog peaked at about 260,000 claims in October 2021, and is currently at approximately 170,000 claims

    Jacobs said VBA rolled out automation decision support tools at eight regional offices so far as part of a pilot program, and that those tools are helping claims processors pull information from Veterans’ records.

    Jacobs said the automation tools help VBA employees process benefits claims more quickly, and that the agency is looking to expand its use of these tools.

    “If you’re able to demonstrate you served in a location during one of the periods of time covered in the PACT Act, and you have a condition that’s covered in the PACT Act, we don’t have to establish the connection and prove that your military service contributed or caused that condition,” Jacobs said.

    VA began fully processing PACT Act claims for all Veterans at the start of the new year, but began processing claims for terminally ill Veterans on Dec. 12.

    VBA received about 2,600 PACT Act claims from terminally ill Veterans so far, and has granted nearly 200 of those claims to date, paying out approximately $3.4 million in benefits.

    VA continues to prioritize processing claims for terminally ill Veterans, Veterans with toxic exposure-related cancers, Veterans experiencing homelessness, Veterans older than 85 years old, Veterans experiencing financial hardship, and Medal of Honor and Purple Heart recipients.

    VA hosted a PACT Act Week of Action between Dec. 10 and Dec. 17, during which the agency hosted more than 120 events across all 50 states, the District of Columbia and Puerto Rico.

    “What we’re doing on the VBA side is making sure that each of those Veterans gets information about how to file a claim, and then we’re following up with letters for Veterans who are screening positive for a concern with information about how to file a claim,” Jacobs said.

    VBA, however, expects to continue its outreach to Veterans throughout 2023.

    Source

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  • Vet’s family fights for VA help, says illness linked to Agent Orange

    Wallace Soeda

     

    HONOLULU, Hawaii (HawaiiNewsNow) - Three years after he graduated from Castle High School, Wallace Soeda joined the Air Force to fight in the Vietnam War.

    "He served his country and he was very proud of it," his wife, Bianca, said.

    Soeda was a staff sergeant in charge of supplies.

    “He was at two bases in Thailand that were known and acknowledged to have had herbicides and defoliants used to clear the vegetation in those areas,” said his son, Mark.

    Soeda’s family said he was exposed to Agent Orange and other chemicals.

    "There are scores of Thailand Veterans all around the nation, in the world, that are affected and have symptoms and diseases related to herbicide exposure. It's not a coincidence," his son, Ryan, said.

    Two years ago, Soeda was diagnosed with Progressive Supranuclear Palsy. It’s an uncommon brain disorder that affects movement and thinking.

    Research suggests it's linked to Agent Orange and other herbicides that were used during the war.

    Soeda needs round-the-clock care.

    "It's very sad and I'm very hurt that he's slipping away in front of my eyes little by little," Maria said.

    The VA denied Soeda's claim for compensation. Many other Vietnam Veterans are in the same situation.

    Mark Soeda said it’s unfair that those who served in Thailand are now being ignored.

    "Unless your boots were on the ground in Vietnam or on the perimeter of these Thai air bases you're really fighting an uphill battle," he said.

    The Soeda family joined a social media campaign called Operation Orange Envelope.

    Through letters they're asking Hawaii's congressional delegation to support bills that recognize Agent Orange exposure for troops who were stationed in Thailand.

    “It’s been over 50 years and my dad and Thailand Veterans all over have been denied these long overdue disability benefits,” Ryan Soeda said.

    The family appealed the VA's denial and have a court date in January.

    They said until his illness Wallace Soeda was a healthy man, but that man is disappearing.

    Source

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  • Veteran benefits surviving spouses should know

    Surviving Spouses 002

     

    The surviving spouses of many deceased Veterans may be missing out on certain survivor benefits from the VA. In fact, millions of dollars go unclaimed every year because survivors and dependents are simply not aware of all the benefits available. Here are three the Veterans Assistance Commission wants you to know about:

    1. Survivors Pension

    Un-remarried spouses whose loved one served during a period of combat may be eligible for this. The VA Survivors Pension can provide much needed financial support for low income surviving spouses who are impoverished due to medical bills. The VA compares the survivor’s household income and assets less medical expenses to determine the need per program guidelines.

    2. Dependency and Indemnity Compensation

    DIC awarded when it is determined by the VA that the Veteran passed as a result of a service-related illness or injury. For example, in 2010 the VA determined Agent Orange significantly contributed to the development of ischemic heart disease. Survivors of Vietnam Veterans who passed prior to 2010 may have no idea of the connection or the eligibility for a VA benefit. In 2008, the VA announced that survivors of Veterans who served at least 90 days of continuous active duty in the U.S. military and later developed amyotrophic lateral sclerosis (ALS) may be eligible for benefits. More recently, The Blue Water Navy Vietnam Veterans Act of 2019, which took effect Jan. 1, 2020, expanded the potential range for Agent Orange exposure. Now, many whose claims were previously denied could now be eligible for benefits.

    3. Partial reimbursement for burial.

    Reimbursement for some funeral expenses may also be available if it can be shown that the Veteran passed due to a service-connected condition.

    To see if you may be eligible for survivor benefits contact the Veterans Assistance Commission at (815) 334-4229.

    Source

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  • Veteran Lied About Having a Disorder to Scam the VA Out of Over $500,000, Feds Say

    Justice 071

     

    A U.S. Army Veteran lied about having a disorder and exaggerated his symptoms to scam the Department of Veterans Affairs out of disability benefits, according to federal authorities.

    Now Bruce Hay, of Greeley, Kansas, has been sentenced to 37 months in federal prison, according to a Dec. 13 news release from the U.S. Attorney’s Office for the District of Kansas. The 54-year-old man is also ordered to pay over $537,000 in restitution.

    Hay was convicted by a federal grand jury in August of six counts of wire fraud and 10 counts of theft of government funds, authorities said.

    His defense attorney did not immediately respond to a request for comment from McClatchy News on Dec. 14.

    In court documents, prosecutors said Hay pretended to have “conversion disorder with major depressive disorder, generalized choreiform movement disorder, weakness in left lower leg associated with conversion disorder (and) weakness in right lower leg associated with conversion disorder.”

    He then claimed he was entitled for monthly benefits compensation, authorities said.

    “Conversion disorder is a condition where a mental health issue disrupts how your brain works,” according to the Cleveland Clinic. “This causes real, physical symptoms that a person can’t control.”

    Symptoms can include seizures, paralysis and weakness, experts said.

    “It’s important to know that conversion disorder is a real mental health condition. It’s not faking or attention-seeking,” according to the Cleveland Clinic. “It isn’t just something in a person’s head or that they’ve imagined. While it’s a mental health condition, the physical symptoms are still real. A person with conversion disorder can’t control the symptoms just by trying or thinking about it.”

    But in Hay’s case, authorities said he had a “purported conversion disorder diagnosis” and exaggerated his symptoms.

    “Misrepresenting symptoms to the VA to fraudulently obtain benefits takes resources from deserving Veterans and will not be tolerated,” Special Agent in Charge Gregory Billingsley with the Department of Veterans Affairs Office of Inspector General’s Central Field Office said in the release. “The VA OIG will continue to vigorously investigate those who would steal from VA benefits programs and taxpayers.”

    Greeley is about 65 miles southwest of Kansas City.

    Source

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  • Veterans benefits 2020: Largest or most successful state employer of Veterans

    Benefits 2020

     

    VA worked with state representatives to compile a list of the largest or most successful state employer of Veterans, part of a five part series. Below is a list in alphabetical order.

    Alabama

    “Many Alabama employers actively recruit Veterans, recognizing them as disciplined team players who inspire others and increase productivity. A number of these employers have been recognized by the Department of Labor for their efforts to hire and retain Veterans so choosing just one to highlight is difficult. However, Navigator Development Group, Inc. has multiple locations in the state and are well respected. As a Veteran-owned business, Navigator knows through personal experience that employing Alabama’s heroes adds value to their business and their communities.” – Beverly Gebhardt, Director of Intergovernmental Relations.

    Veterans can learn about USDOL recognized employers at https://www.dol.gov/agencies/Vets.

    Alaska

    “Alaska law is designed to help service member get back to work quickly after serving in the military. Alaska offers point preferences to all who qualify making the State of Alaska one of the most successful state employers of Veterans.” – Verdie Bowen Sr., director, Office of Veterans Affairs

    Veterans can learn more about this program at https://alaskajobs.alaska.gov/vosnet/Default.aspx.

    Arizona

    “Arizona is fortunate to have many successful employers of Veterans. Of the many, USAA is one of our largest and most successful employers of Veterans. USAA not only provides quality services to military members, Veterans and their families, but also commits to achieving and sustaining a workforce made up of 25% Veterans and military spouses or domestic partners.” – Wanda Wright, director

    Veterans can learn more about Veteran friendly employers at https://bestcompaniesaz.com/best-Veteran-employers-phoenix-arizona/.

    Arkansas

    “Arkansas government is the largest employer of Veterans, but Veteran small business owners are also growing in the state and programs are available to help nurture those entrepreneurs.” – Gina Chandler, assistant director, Veterans Services

    For more information about those opportunities go to https://www.sba.gov/offices/district/ar/little-rock and https://www.arkansasedc.com/. Also see how military experience helped shaped telemedicine in rural south at https://www.sba.gov/content/ceos-military-experience-shapes-telemedicine-health-across-rural-arkansas.

    California

    “California’s Employment Development Department (EDD) Workforce Services assists Veterans and their eligible spouses maximize their employment and training opportunities. Veterans are entitled to many resources designed to help in their search for employment. EDD Veterans’ representatives specialize in assisting Veterans in their efforts to return to work and are located in many local EDD offices statewide. Services include a Veteran 24-hour priority hold on all job listings, customized job search assistance, job fairs, employer recruitments, and other events and resources. Veterans are encouraged to schedule an appointment with an EDD Veterans’ representative for personalized services and assistance to achieve professional goals.” – Roberto Herrera, chief, Veteran and Community Engagement

    Veterans can learn more about the program at https://www.edd.ca.gov/jobs_and_training/Services_for_Veterans.htm.

    Colorado

    “The largest state employers of Veterans are Science Applications International Corporation (SAIC), Booz, Allen and Hamilton, Northrop Grumman Corporation and L-3 Communications.” – Richard J. Tremaine, director, Division of Veterans Affairs

    Veterans can learn more at www.Colorado.Gov/Vets.

    Connecticut

    “Connecticut has many businesses of all sizes that are Veteran friendly in their hiring practices and Veteran community philanthropy among the larger ones are Lockheed Martin, United Technologies Corporation, Sikorsky, Electric Boat, Peoples United, Cigna and Aetna.” – Department of Veterans Affairs Commissioner Thomas J. Saadi

    For more information on Veteran hiring, visit http://www.ctdol.state.ct.us/Veterans/default.htm.

    Delaware

    “The largest or most successful state employer of Veterans are Dover Air Force Base and the State of Delaware.” – Larence Kirby, executive director, Office of Veterans Services

    To learn more about Delaware’s services for Veterans, visit https://Vets.delaware.gov/.

    Florida

    “Both CSX (leading supplier of rail-based freight transportation in North America, headquartered in Jacksonville) and Florida Blue (Florida’s Blue Cross and Blue Shield company has been providing health insurance to residents of Florida for 75 years) employ large numbers of Veterans and highlight the positive contributions of their respective Veterans’ community.” – James S. “Hammer” Hartsell, deputy executive director, Florida Department of Veterans’ Affairs

    Veterans can learn more by visiting www.FloridaVets.org.

    Georgia

    “The Southern Company is one of the largest and most successful employers of Veterans in Georgia. The Southern Company is a founding partner of the Troops to Energy Jobs program, linking Veterans and transitioning service members to job openings in the energy industry. They also sponsored the establishment of Georgia’s Military Veterans Hall of Fame, which honors Veterans from all periods for their valor, achievement, and service.” – Mike Roby, Georgia’s commissioner of Veterans Service

    Veterans can learn more about the program at https://southerncompany-Veterans.jobs/.

    Hawaii

    According to ClearanceJobs.com, “Pearl Harbor Naval Shipyard is the largest industrial employer in Hawaii and the U.S. Government is the state’s biggest employer. Hawaii is the third-ranking state in per capita defense spending and has one of the highest per-capita populations of service members. The defense industry is the largest industry-related workforce, employing 101,500 and representing 16.5% percent of Hawaii’s workforce.”

    Idaho

    “Idaho National Laboratory (INL) is one of the top employers of Veterans in Idaho. Being the nation’s leading center for nuclear energy research and development, INL plays a role in each of the strategic goal areas of the Department of Energy: energy, national security, science, and environment. Given the importance of INL’s clean energy and national security mission to our nation, INL actively seeks applicants with military experience. Approximately 1 in 10 of INL’s employees are military Veterans.” – Marv Hagedorn, Idaho Division of Veterans Services Chief Administrator

    Veterans can learn more about careers with INL at https://inlcareers.inl.gov/Veterans or other careers in Idaho at https://www.labor.idaho.gov/dnn/Job-Seekers/Veterans-Services.

    Illinois

    “The Illinois State government—including our department—is the largest employer of Veterans.” – Evan Fazio, public information officer, Illinois Department of Veterans’ Affairs

    For more information, see https://www2.illinois.gov/services/CMS/state-jobs.

    Indiana

    “The federal government, with more than 40,000 federal jobs here in Indiana alone, has one of the highest pay scales across the entire state.” – David Douglass, state Veterans program director at Indiana Department of Workforce Development

    Iowa

    “Our ‘Home Base Iowa’ initiative connects Iowa businesses with qualified Veterans and their spouses looking for career opportunities. The program also provides resources to help connect Veterans and their families with education and their transition to a new community.” – Karl J. Lettow, public information

    Home Base Iowa’s web page is https://www.homebaseiowa.gov/.

    Kansas

    “The State of Kansas values the experience and extensive training and education provided through military service and translates well with the skills needed in state government. Our state places great importance on providing Veterans access to information about available services and assistance related to employment in state government.” – Kansas Commission on Veterans Affairs Director Gregg Burden

    For more information visit www.kcva.ks.gov/kanVet.

    Kentucky

    “The three largest non-government employers in the state – UPS, Humana and Toyota – are all strong supporters of Veterans and Veteran-friendly employers. At Veterans Day parades, events and volunteer efforts, we always see Veterans proudly representing their employers.” – April Brown, Employment & Training Services Program coordinator

    Kentucky Veterans can find out more about this benefit here.

    Louisiana

    “The Louisiana Department of Veterans Affairs is one of the largest employers of Veterans within the State of Louisiana. LDVA’s mission is to provide comprehensive care and quality service to Louisiana’s Veterans, and their families, with regard to health care, education, disability benefits, long-term care and burial honors. LDVA offers five Veterans homes, five Veterans cemeteries, a benefits division and a host of other programs available to Louisiana’s 281,000 Veterans.” – Joey Strickland, Secretary, Louisiana Department of Veterans Affairs

    For more information about the Louisiana Department of Veterans Affairs, visit www.Vetaffairs.la.gov.

    Maine

    “The largest most successful state employer of Veterans in the State of Maine is Bath Iron Works. Bath Iron Works is one of the nation’s largest builders of naval ships in the entire country and has a long tradition of hiring military Veterans. In fact, Bath Iron Works is a large partner in Maine’s Hire-A-Vet Campaign – an annual campaign hosted by the Maine Department of Labor to connect Veterans with gainful employment throughout Maine.” – David Richmond, director, Maine Bureau of Veterans’ Services

    For more information, please visit – https://www.maine.gov/Veterans/benefits/employment/index.html

    Maryland

    “Each year active-duty service members retiring or separating from the military acquire civilian employment with Maryland based Department of Defense agencies and private sector defense contractors. The State of Maryland also employs a large number of military Veterans and those currently serving in the Guard or Reserves, specifically the Maryland State Police and Department of Public Safety and Correctional Services.” – George Owings, secretary of the Maryland Department of Veterans Affairs

    Veterans can learn more about employment with the State of Maryland at https://dbm.maryland.gov/jobseekers/Pages/VeteransJobs.aspx.

    Massachusetts

    For Massachusetts information, visit https://www.mass.gov/orgs/massachusetts-department-of-Veterans-services.

    Michigan

    “DTE and Consumers Energy have both been very focused on Veteran talent attraction programs here in Michigan. They are both our largest Veteran-Friendly Employers. As Gold level employers, they employ professionals who are dedicated to recruiting, hiring, and retaining Veterans. They have also joined forces with other energy industry professionals to conduct things like an Energy Bootcamp, where they train members of the Guard and Reserve to become electrical and gas maintenance supervisors.” – David Dunckel, Michigan Veterans Affairs Agency employment analyst

    For more information, visit https://www.michiganVeterans.com/categories/Employment.

    Minnesota

    “Minnesota’s largest employers of Veterans include the State of Minnesota, the trades, private corporations such as Target, Best Buy and Cargill, and many entrepreneurs running Veteran-owned businesses.” – Larry Herke, commissioner of the Minnesota Department of Veterans Affairs

    For more information, visit www.MinnesotaVeteran.org.

    Mississippi

    “One of the most successful employers in our state is Huntington-Ingalls. The shipbuilding company, located in Pascagoula, committed to hiring the Veterans and has kept their word. To learn more about the largest manufacturing employer in Mississippi, visit ingalls.huntingtoningalls.com.” – Stacey Pickering, executive director of Mississippi Veterans Affairs

    Missouri

    “About 15% of Boeing’s workforce are Veterans. In 2019, Boeing contributed more than $12 million to support military and Veteran organizations and efforts. Boeing Veteran-owned business subcontracting totaled about $450 million.” – Ryon Richmond, acting executive director, Missouri Veterans Commission

    Veterans can learn more about the program at https://jobs.boeing.com/Veterans.

    Montana

    “The largest employer of Veterans in the state of Montana is VA.” – Kelly Ackerman, administrator, Montana Veterans Affairs Division

    For more information, visit www.mt.gov.

    Nebraska

    “I would offer Werner Enterprises for consideration based on the 2018 ESGR Freedom Award. While I recognize that employer support of the Guard and Reserve is not precisely the same as being a ‘successful employer of Veterans,’ Werner would be in the top five. Union Pacific and First Data both have Veteran employee resource groups and could be considered as well.” – John Hilgert, Nebraska Department of Veterans Affairs director

    Veterans can learn more about Werner Enterprises at https://www.esgr.mil/News-Events/ESGR-In-The-News/articleType/ArticleView/articleId/8423/Nebraska-governor-congratulates-Freedom-Award-recipient-Werner-Enterprises.

    Nevada

    “The Cosmopolitan of Las Vegas has a workforce of approximately 5,000 staff. Nearly 6% of the workforce is Veterans. The Cosmopolitan has been recognized as a Patriot Employer by the Nevada Department of Veterans Services and received HIRE Vets Gold Medallion Program Demonstration Award.” – Julie Dudley, communications director

    Veterans can learn more about the program at https://www.cosmopolitanlasvegas.com/careers/Veterans.

    New Hampshire

    “While there are many New Hampshire employers who value the skillset that Veterans bring to their organizations, on the federal side, we see the Portsmouth Naval Shipyard and BAE Systems hiring large numbers of Veterans. If we are talking non-governmental employers, Sig Sauer absolutely understands the value of hiring Veterans and they actively seek them out.” – William Gaudreau, director, NH Division of Veteran Services

    Veterans can learn more about benefits at www.nh.gov/nhVeterans.

    New Jersey

    “The New Jersey Department of Military and Veterans Affairs is the largest and most successful state employer of Veterans who provide trained and ready forces prepared for rapid responses to a wide range of civil and military operations, in addition to providing excellent services to our residents and Veterans of New Jersey.” – Patricia A. Richter, acting director, Division of Veterans Services

    For more information, go to www.nj.gov/military.

    New Mexico

    According to data provided to DVS by the New Mexico Department of Workforce Solutions, the largest employer of Veterans in New Mexico is the U.S. Department of Defense (DoD). DoD employs approximately 2,500 Veterans at four military installations in the state.

    DVS features a Veterans business development division, the New Mexico Veterans Business Outreach Center (VBOC) to help entrepreneurial-minded Veterans, transitioning active-duty personnel, and their spouses with everything they need to know to start or grow their own small business. In 2010, New Mexico’s VBOC was the first state-managed VBOC created in the country through a VA grant for awardees to assist entrepreneurial-minded Veterans. As stipulated by the grant, the NMVBOC also assists Veterans and transitioning service members in Colorado.

    Veterans can learn more about the VBOC at https://nmvboc.org/.

    New York

    “Approximately 30% of the current New York State Police has some form of prior military service (including Guard and Reserve).” – Joel Evans, executive deputy director, New York State Division of Veterans’ Services

    Veterans can learn more at https://joinstatepolice.ny.gov/options-military-personnel.

    North Carolina

    “The largest or most successful employers of North Carolina Veterans are Lowe’s and Bank of America.” – Martin Falls, chief deputy secretary for the North Carolina Department of Military and Veteran Affairs

    For career opportunities with Lowe’s, visit https://corporate.lowes.com/careers/military. For Bank of America careers, visit https://careers.bankofamerica.com/en-us/culture/diversity-inclusion/Veterans.

    Veterans can learn more about the North Carolina Veteran programs at www.milVets.nc.gov.

    North Dakota

    “Midwest AgEnergy and Sysco North Dakota received 2019 Honoring Investments in Recruiting and Employing American Veterans (HIRE Vets) Gold Medallions by the U.S. Department of Labor. They are the first North Dakota businesses to earn the honor.” – North Dakota Department of Veterans Affairs.” – Lonnie Wangen, commissioner

    Veterans can learn about the companies at https://www.midwestagenergy.com/ and https://www.sysco.com/Contact/Contact/Our-Locations/North-Dakota.

    Ohio

    “The State of Ohio is the largest employer of Veterans in Ohio, with particular credit going to the Department of Rehabilitation and Correction and the Department of Job and Family Services. Private industry is also deeply engaged in Veteran employment, especially in banking, insurance, and technology sectors.” – Sean McCarthy, assistant director, Department of Veterans Services

    A comprehensive Ohio Veterans Resource Guide is available online at https://dvs.ohio.gov/wps/wcm/connect/gov/7c2ff73e-7a10-42a9-b2c1-4688be28837c/BenefitsGuide.pdf?MOD=AJPERES&CVID=n8kF7Cb.

    Oklahoma

    For Oklahoma information, visit https://odva.ok.gov/.

    Oregon

    “Thanks to an Oregon law first passed by the Legislature in 1977, public employers grant preference to a Veteran or disabled Veteran who applies for a vacant civil service position — whether as a new hire or as a promotion from within — at any state, county or local government agency. Oregon also has dedicated Veteran employment representatives who assist Veterans and spouses in job searches and applications, translating military experience for resumes, employment referrals, and reemployment training opportunities.” Sean O’Day, Oregon Department of Veterans Affairs deputy director

    Oregon Veterans can learn more about employment preference and other employment related benefits and programs at https://www.oregon.gov/odva/Benefits/Pages/Employment.aspx.

    Pennsylvania

    “One of Pennsylvania’s largest employers of Veterans is the state itself. The state’s pride in its Veterans recently led to an initiative spearheaded by the governor that saw more than 14,000 state employees who also served in the military honored with a lapel pin. The pin features the U.S. and Commonwealth flags signifying dual service status. Pennsylvania also boasts strong state support through the Governor’s Advisory Council on Veterans’ Services – Pennsylvania’s first interagency cooperative approach to providing Veteran services.” – Air Force Maj. Gen. Anthony Carrelli, Pennsylvania’s adjutant general and head of the Pennsylvania Department of Military and Veterans Affairs

    Learn more about the Governor’s Advisory Council on Veterans’ Affairs and other Veterans benefits at dmva.pa.gov.

    Rhode Island

    “In partnership with Rhode Island Dept of Labor and Training, we have an array of private sector business who make hiring Veterans a priority.” – Kasim Yarn, director, Rhode Island Office of Veterans Services

    Veterans can learn more at http://www.Vets.ri.gov/.

    South Carolina

    “At Boeing, approximately 20 percent of its workforce identifies as Veterans. In October 2009, Boeing selected the North Charleston site for a new 787 Dreamliner final assembly and delivery line. Boeing broke ground on the new, 1.2-million-square-foot facility in November 2009. South Carolina teammates began early limited production in July 2011.” – Brandon C. Wilson, public information director

    For more information, visit https://www.boeing.com/.

    South Dakota

    The state of South Dakota is the largest employer of Veterans, with over 1,100.

    “Now, more than ever, we need to keep our sleeves rolled up and work collectively to ensure our Veterans have a successful journey as they transition into civilian life.” – Greg Whitlock, Secretary of the South Dakota Department of Veterans Affairs.

    Whitlock encourages Veterans to contact their local county or tribal Veterans service officers or the South Dakota Department of Veterans Affairs office (605-773-3269) to learn more about their benefits. Veterans can also visit https://Vetaffairs.sd.gov/ or https://www.facebook.com/SDDVA/.

    Tennessee

    One of the largest privately-owned companies that employs a considerable number of Veterans is Fedex Express World Hub in Memphis.

    To learn more about FedEx for Veterans, visit https://careers.fedex.com/military.

    Texas

    “Texas employs approximately 54 percent of Texas Veterans (783,175 individuals) according to a labor study of 2017. The top three industries employing Veterans include construction, national security and international affairs, and hospitals.” – Bob Gear, director of the Texas Veterans Leadership Program at the Texas Workforce Commission

    Veterans can find employment by visiting, https://www.workintexas.com/vosnet/Default.aspx.

    Utah

    “Zions Bank has been recognized with the ESGR Freedom Award for their outstanding Veteran’s employment programs. Each year Zions hires scores of Veterans, Reservists, Guardsmen and their family members for internships, training programs and full-time positions throughout the company. They’ve developed innovative programs and have a reputation as a great place to work, making them a sought-out business for Veterans. And, for those that they are not able to place within their company, they actively work to find employment in other businesses. Zions is committed to Veteran employment.” – Gary Harter, executive director of Utah’s Department of Veterans and Military Affairs

    Additional information is at www.zionsbank.com.

    Vermont

    “The State of Vermont is the largest Veteran employer, closely followed by Department of Homeland Security.” – Robert E. Burke, director, Office of Veterans Affairs

    For more information on Vermont state jobs, visit https://careers.vermont.gov/. For information about DHS jobs, visit https://www.dhs.gov/homeland-security-careers/search-job-postings.

    Virginia

    “The largest state employer of Veterans in Virginia is CACI International, Inc. CACI is a certified Virginia Values Veterans (V3) employer and on average hires over 1,000 Veterans annually.” – Nicole Anderson, Virginia Department of Veterans Services director of Transition & Employment Programs

    Veterans can learn more at the V3 program at https://dvsv3.com/.

    Washington

    “Boeing is the largest employer of Veterans.” – Liza Narciso, assistant to the director, Washington Department of Veterans Affairs

    For more information, visit https://jobs.boeing.com/Veterans.

    West Virginia

    “Many Veterans are finding employment with agencies of state government. It is the largest employer in West Virginia.” – Cabinet Secretary Dennis Davis

    Veterans can learn more at https://Veterans.wv.gov/Pages/default.aspx.

    Wisconsin

    “The Wisconsin Department of Veterans Affairs is dedicated to assisting Veterans in transitioning to a civilian career. Our state’s Veteran Employment Grant financially supports businesses hiring honorably discharged Veterans with a 50 percent or more service-related disability. In addition, Wisconsin offers several opportunities for Veterans to receive grants and other services and assistance while they are retraining for future employment.” – Donald Placidi Jr., Division of Veterans Benefits administrator, Wisconsin Department of Veterans Affairs

    Veterans and business owners can learn more at: https://dva.wi.gov/Pages/educationEmployment/Employment.aspx

    Wyoming

    “The largest or most successful state employer of Veterans is Walmart.” – Tim Sheppard, executive director, Wyoming Veterans Commission

    To learn about Walmart jobs, visit https://www.walmartcareerswithamission.com/content/people-experience/military.html.

    Source

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  • Veterans benefits 2020: Most popular state benefit

    Benefits 2020

     

    U.S. states offer Veterans a wide range of benefits. State representatives provided VA the most popular benefit for Veterans, part of a five-part series. Below is a list of the benefits in alphabetical order by state.

    For VA benefits, people can download and print the VA Welcome Kit at https://www.va.gov/welcome-kit. People can provide general feedback and suggestions on ways VA can improve the Welcome Kit via email at This email address is being protected from spambots. You need JavaScript enabled to view it.">This email address is being protected from spambots. You need JavaScript enabled to view it.. A YouTube video on the welcome kit is at https://youtu.be/DZvITWcWutE.

    Alabama

    “Alabama’s beautiful State Veterans Homes are our most popular Veteran benefit because we provide more than just skilled care to our heroes, we provide a home filled with love, honor, and compassion. With amazing support from our communities, we are able to provide activities and outings which keep our residents active and engaged and improve their quality of life. We currently have four State Veterans Homes all with waiting lists and are planning the construction of our fifth State Veterans Home.” – Kim Justice, executive director, State Veterans Homes.

    Veterans can learn more about the program at https://va.alabama.gov/Vets-home-program/.

    Alaska

    “The most popular state benefit is the Alaska Property Tax Exemption. This exemption provides a tax break on the first $150,000 of assessed value of the home for Veterans with a 50% or greater disability rating either by the military or the VA.” – Verdie Bowen Sr., director, Office of Veterans Affairs

    Veterans can learn more about this program at (URL) http://Veterans.alaska.gov/RealEstate

    Arizona

    “One of Arizona’s most popular state benefits are special license plates that recognize and honor military Veterans. Most popular are the Veteran, Women Veteran, and Freedom Special Plates. Each plate requires a $25.00 initial application fee and $25.00 renewal fee. Of the $25.00 fee, $17.00 is deposited into the Arizona Department of Veterans’ Services Veteran Donation Fund. Pursuant to Arizona Revised Statutes § 41-608, the Veteran Donation Fund is used to provide grants to nonprofit organizations for the benefit of Veterans in Arizona.” – Wanda Wright, director

    Veterans can learn more about Special License Plates at https://azdot.gov/motor-vehicles/vehicle-services/plates-and-placards/plate-selections-gallery and the Veteran Donation Fund at https://dvs.az.gov/donation-fund.

    Arkansas

    “One of Arkansas’ newest benefits for Veterans is the state tax exemption on military retirement pay.” – Gina Chandler, assistant director, Veterans Services

    More information about that benefit is at http://www.Veterans.arkansas.gov/benefits/state-benefits.

    California

    “California’s most popular benefit is our home loan program. Using Qualified Veterans Mortgage Bonds, California provides flexible financing for Veterans purchasing homes in the state of California. The servicing of the loans remains with the department for the life of the loan, and this popular benefit includes exceptional fire, hazard, earthquake, and flood insurance.” – Theresa Gunn, deputy secretary, CalVet Home Loans

    California Veterans can learn more about this program at https://www.calVet.ca.gov/calVet-programs/home-loans.

    Colorado

    “The tax exemption on homes is the most popular but limited to 100% permanent and totally disabled Veterans. Given that, the most popular benefit that most Veterans can receive is Disabled Veteran license plates. The DV plates, which waive license tax on one vehicle, pertains to Veterans at 50% or more service connected and permanent and totally disabled Veterans.” – Richard J. Tremaine, director, Division of Veterans Affairs

    Veterans can learn more at www.Colorado.Gov/Vets.

    Connecticut

    “Connecticut’s most popular state benefit is the Veteran designation with American Flag on the State Driver’s License and on non-license ID Cards, which is used by community based organizations, agencies and retailers to verify Veteran status for various local and state programs, services and discounts. To receive Veteran’s flag on an existing Connecticut license or identity card, the Veteran must submit documentation (DD-214 or pre 1950 WG AGO Discharge certificate) of qualifying active federal service, not including initial entry training; or Entitled to retirement pay under 10 USC Chapter 1223, as amended from time to time, or, but for age, would be entitled. The characterization of Honorable Discharge, General under Honorable Conditions, or Other Than Honorable (OTH) if deemed eligible is pursuant to Connecticut’s OTH benefits law.” – Department of Veterans Affairs Commissioner Thomas J. Saadi

    Veterans can learn more about this benefit at https://portal.ct.gov/DVA/Pages/Apply-for-Veterans-Flag-on-CT-Driver-License-or-ID-Card.

    Delaware

    “The most popular state benefit are the various Veterans license plates.” – Larence Kirby, executive director, Office of Veterans Services

    Special license plates are available through the Department of Motor Vehicles for: Former Prisoners Of War, Formerly Missing-In-Action, Purple Heart Recipients, Medals of Valor Recipients, Disabled Veterans, Delaware National Guard & Reserve Members, Retired Military, Korean War Veterans, Vietnam War Veterans, Operation Iraqi Freedom (OIF), Operation Enduring Freedom (OEF), and Gold Star Lapel Button.

    To learn more about Delaware’s services for Veterans, visit https://Vets.delaware.gov/.

    Florida

    “Eligible resident Veterans with a VA certified service-connected disability of 10% or greater shall be entitled to a $5,000 deduction on the assessment of their home for tax exemption purposes. Real estate owned and used as a homestead by an honorably discharged Veteran with a service-connected, permanent and total disability is exempt from taxation. Any partially disabled Veteran who is age 65 or older, any portion of whose disability was combat-related, and who was honorably discharged, may be eligible for a discount from the amount of ad valorem tax on the homestead commensurate with the percentage of the Veteran’s permanent service-connected disability. A growing economy, mild winters and the lack of a state income tax attract many Veterans and their families to Florida. To keep them here, we offer unique benefits such as in-state tuition rates for Veterans and their families using the Post-9/11 GI Bill, several layers of property tax exemptions, expanded Veterans’ preference, and extensive benefits, licensure and fee waivers for many activities and occupations.” – James S. “Hammer” Hartsell, deputy executive director, Florida Department of Veterans’ Affairs

    Veterans can learn more by visiting www.FloridaVets.org.

    Georgia

    “One of the most popular state benefits in Georgia is free license plates for Veterans. License plates are available in a special Veteran themed design, with options available to highlight a Veteran’s branch of service, their era of service, or a special military decoration they received during their service. License plates are also available for disabled Veterans at no charge.” – Mike Roby, Georgia’s commissioner of Veterans Service

    Veterans can learn more about the program at https://Veterans.georgia.gov/license-plates.

    “Another popular state benefits in Georgia is a free driver’s license for Veterans or an honorary license for their spouse. The license features an American flag and a Veteran designation in the corner. The license is free for Veterans who meet a residency and service requirement but is available for a small fee for Veterans who do not meet the qualifications. License plates are also available for disabled Veterans at no charge.” – Mike Roby, Georgia’s commissioner of Veterans Service

    Veterans can learn more about the program at https://Veterans.georgia.gov/driving-licenses-and-personal-id-cards.

    Hawaii

    “Hawaii’s Most popular state benefit is the Totally Disabled Veterans Real Property Tax Exemption. Each island has their own tax exemption benefit in place.” – Ronald Han, Director State Office of Veterans’ Services

    Veterans can learn more about the exemption at http://dod.hawaii.gov/ovs/benefits-and-services/.

    Idaho

    “The most popular benefit are the reduced hunting & fishing license and tag fees available. Idaho provides resident disabled Veterans with a service-connected disability rating of 40% or greater $5.75 combination hunting and fishing licenses and reduced tag fees. Nonresident disabled Veterans can obtain hunting licenses for $31.75 and reduced tag fees. This provides significant cost savings for Veteran hunters and fishers.” – Kevin Wallior, Idaho Division of Veterans Services management assistant

    Veterans can learn more about the program at https://idfg.idaho.gov/licenses/dav-programs.

    Illinois

    “Illinois’ newest benefit is the Veteran designation for Illinois state driver’s licenses. This has quickly become our most popular benefit in terms of the number of Veterans who have obtained it. Our most popular monetary benefit is the Illinois Veterans Grant/Illinois National Guard Grant.” – Linda Chapa LaVia, director of the Illinois Department of Veterans’ Affairs

    Illinois Veterans and their families can learn more about these programs at https://www2.illinois.gov/Veterans/Pages/default.aspx.

    Indiana

    “Indiana has tuition and fee exemption for children of disabled Veterans, children of Purple Heart recipients, and children of POWs. Remission of tuition and fees for children of disabled Veterans (at least 0% service-connected) who served during a period of war or participated in equally hazardous duty, or the children of Purple Heart recipients, or the children of prisoners of war. This may be used at approved state-sponsored universities for up to 124 credits. – Joseph J. DeVito, outreach director, Indiana Department of Veterans Affairs

    Indiana Veterans can learn more about all of the benefits offered at www.in.gov/dva.

    Iowa

    “Our Homeownership Assistance Program that provides $5,000 for first time Veteran homebuyers, our Veterans License Plates – which contributes to our License Plate Fund, and our Lifetime Hunting and Fishing License programs are all among our most popular programs.” – Karl J. Lettow, public information

    Details on these are at https://va.iowa.gov/benefits.

    Kansas

    “Kansas offers a wide variety of hunting and fishing opportunities because of an abundance of wildlife and numerous water resources.” – Kansas Commission on Veterans Affairs Director Gregg Burden

    Veterans in Kansas may be eligible for hunting and fishing fee discounts and should visit Kansas Wildlife and Parks at www.ksoutdoors.com for more information.

    Kentucky

    “Kentucky waives tuition at all state colleges and universities for dependents of certain Veterans, including those who died on active duty, died as a direct result of a service-connected disability, and those who are 100 percent service-connected disabled or receiving a non-service connected pension. This benefit is so popular that people move to Kentucky specifically to take advantage of this benefit.” – Sophi Thompson, Tuition Waiver Program coordinator

    Kentucky Veterans can find out more about this benefit here.

    Louisiana

    “Our most popular benefit is our structure in that Louisiana Department of Veterans Affairs has a close working relationship with all 64 of our parishes. We have 74 parish service offices across the state that are accessible to all of our Veterans and their families. Our offices are staffed by highly-trained, federally-accredited Veterans assistance counselors that are employees of the State of Louisiana. As a result of our unique structure, we are able to provide the best opportunity to take advantage of the plethora of available benefits.” – Joey Strickland, Secretary, Louisiana Department of Veterans Affairs

    For more information on the parish service offices, visit www.Vetaffairs.la.gov/benefits.

    Maine

    “Maine’s most popular benefit that our Veterans take advantage of is the Maine Resident Lifetime Veteran State Park and Museum Pass. Any Veteran who resides in the State of Maine, that received an honorable discharge from military service is eligible to receive a pass. The pass gives the Veteran free admission to State Parks across the state as well as the Maine State Museum.” – David Richmond, director, Maine Bureau of Veterans’ Services

    For more information, visit https://www.maine.gov/Veterans/benefits/recreational-licenses/lifetime-park-pass.html.

    Maryland

    “Maryland provides a number of state benefits to Veterans and their dependents. Based on inquiries received by the Maryland Department of Veterans Affairs, the most popular state benefit is the property tax exemption for Veterans who are rated at 100% disabled. The property tax exemption allows this unique population of Veterans to be fully exempt from property taxes on their primary dwelling.” – George Owings, secretary of the Maryland Department of Veterans Affairs

    Veterans can learn more about the exemption and how to apply at https://Veterans.maryland.gov/maryland-tax-benefits/.

    Massachusetts

    For Massachusetts information, visit https://www.mass.gov/orgs/massachusetts-department-of-Veterans-services.

    Michigan

    “Our most popular state benefit for emergent needs is the Michigan Veterans Trust Fund (MVTF). The MVTF provides emergency grants to help combat-era Veterans and their families weather unforeseen, temporary financial emergencies. Emergency grants cover expenses such as utility bills, home repairs, transportation and mortgage assistance.” – Lindell Holm, Michigan Veterans Affairs Agency/MVTF executive secretary

    For more information and to apply, visit https://www.michiganVeterans.com/mvaaEmergencyAssistanceForm or call 1-800-MICH-VET.

    Minnesota

    “Our most popular service is the VA Claims representation provided by our staff and our largest program financially is the State Soldiers Assistance Program.” – Larry Herke, commissioner of the Minnesota Department of Veterans Affairs

    To learn more, visit https://mn.gov/mdva/resources/healthdisability/claims.jsp.

    Mississippi

    “Mississippi’s most popular state benefit for totally disabled Veterans is the homestead exemption. If a Veteran has been honorably discharged with total disability, he or she is exempt from all Ad Valorem taxes on the assessed value of homestead property. Another popular benefit is free access to all State Parks and Recreational Facilities. All Veterans are eligible for this perk.” – Stacey Pickering, executive director of Mississippi Veterans Affairs

    For more information on Mississippi Veterans Affairs, visit www.msva.ms.gov.

    Missouri

    “The Missouri State Veterans Services Program has 44 accredited service officers offering assistance to Veterans, widow/widower of a Veteran, Veterans child or a parent who has lost a son or daughter in military service. Service officers provide counseling and assistance when you have questions about compensation, pensions, education benefits, life insurance, medical benefits, state benefits and burial benefits. They are networked within the supported communities. If federal and state benefits are not enough, our VSO’s know local community agencies who might provide assistance.” – Ryon Richmond, acting executive director, Missouri Veterans Commission

    Veterans can learn more about the program at https://mvc.dps.mo.gov/service/.

    Montana

    “Montana’s most popular state benefit is the Veteran Designation on the drivers’ licenses. An MOU between Montana Veteran’s Affairs Division and the Department of Motor Vehicles allows us to verify Veteran status in order to have the Veteran designation on their drivers’ licenses for a fee of $10.” – Kelly Ackerman, administrator, Montana Veterans Affairs Division

    For more information, visit www.doj.mt.gov/driving/license-plates.

    Nebraska

    “The Nebraska Veterans Registry is the most popular benefit based on the fact that out of the 125,000 Veterans in Nebraska 85,000 plus are registered with the State of Nebraska. This allows for easy application for benefits provided such as military license plates and special discounts sometimes offered at establishments throughout the state. This also eases outreach to Veterans by the Nebraska Department of Veterans Affairs.” – John Hilgert, Nebraska Department of Veterans Affairs director

    Veterans can apply to the registry at https://www.nebraska.gov/va_registry/index.cgi.

    Nevada

    “Nevada’s most popular state benefit is a state income tax exemption for all! Because Nevada does not have a state income tax, all residents including Veterans are exempt.” – Julie Dudley, communications director

    Veterans can learn more about the State of Nevada at http://nv.gov/ and the Nevada Department of Veterans Services at https://Veterans.nv.gov/.

    New Hampshire

    “In my opinion, New Hampshire’s most popular state Veteran benefit is most likely it’s property tax credits. Depending on what city or town you live in, New Hampshire offers qualified Veterans a tax credit for up to $750 annually and if you are a 100% permanently and totally disabled Veteran (as determined by the Veterans Benefit Administration), you will be eligible for up to $4,000 in property tax relief.” – William Gaudreau, director, NH Division of Veteran Services

    Veterans can learn more about benefits at www.nh.gov/nhVeterans.

    New Jersey

    “Veterans are eligible for a $6,000 exemption on your income tax return if you are a military Veteran who was honorably discharged or released under honorable circumstances from active duty in the Armed Forces of the United States on or any time before the last day of the tax year. Your spouse (or civil union partner) is also eligible for an exemption if he/she is a Veteran who was honorably discharged or released under honorable circumstances and you are filing a joint return. This exemption is in addition to any other exemptions you are entitled to claim and is available on both the resident and nonresident returns.” – Patricia A. Richter, acting director, Division of Veterans Services

    More information is at http://www.state.nj.us/treasury/taxation/military/Vetexemption.shtml

    New Mexico

    The most popular state benefit available to New Mexico’s 154,000 Veterans, according to the New Mexico Department of Veterans Services, is the Veterans State Property Tax Exemption.

    This is an exemption of up to a $4,000 reduction in the taxable value of a Veteran’s primary residence for county property taxation purposes. This benefit is also available to non-remarried surviving spouses of Veterans who would have otherwise qualified for this benefit. Any Veteran who has been rated 100% service-connected disabled (permanent & total) by VA and is a legal resident of New Mexico qualifies for a complete property tax waiver for their primary residence.

    According to DVS, in 2019 the agency processed 6,480 exemption and waiver applications. Veterans can learn more about the program at http://www.nmdvs.org/state-benefits/.

    New York

    “New York’s most popular state benefit is the FreshConnect Checks program. This program in collaboration with Agriculture and Markets, allows Veterans and their families to access $20 in fresh food vouchers to be used at farmers markets across New York.” – Joel Evans, executive deputy director, New York State Division of Veterans’ Services

    New York Veterans can learn more about the program at https://agriculture.ny.gov/consumer-benefits-farmers-markets#freshconnect-benefits-for-Veterans-and-servicemembers.

    North Carolina

    “The most popular North Carolina state benefit is Veteran license plates and the tax exclusion for 100% disabled Veterans.” – Martin Falls, chief deputy secretary for the North Carolina Department of Military and Veteran Affairs

    Veterans can learn more about the North Carolina Veteran programs at www.milVets.nc.gov.

    North Dakota

    “Our most popular state benefit is the grant program at North Dakota Department of Veterans Affairs.” – Lonnie Wangen, commissioner

    The state offers a Hardship Assistance Grant and a grant for North Dakota Veterans with PTSD. Veterans can learn more at http://www.nd.gov/Veterans/benefits/hardship-assistance-grant.

    Ohio

    “Every county in Ohio has a Veterans Service Commission, who employ Veterans service officers to assist Ohio Veterans with benefits, transportation, and even financial assistance- all at no charge to Veterans.” – Sean McCarthy, assistant director, Department of Veterans Services

    A comprehensive Ohio Veterans Resource Guide is available online at https://dvs.ohio.gov/wps/wcm/connect/gov/7c2ff73e-7a10-42a9-b2c1-4688be28837c/BenefitsGuide.pdf?MOD=AJPERES&CVID=n8kF7Cb.

    Oklahoma

    For Oklahoma information, visit https://odva.ok.gov/.

    Oregon

    “Veteran Recognition License Plates are very popular in Oregon for Veterans, disabled Veterans, and their families. This program includes multiple recognition plate options that allow Veterans to display pride in their military service, all while helping to support work for fellow Veterans and their families through organizations such as the Oregon Veterans’ Homes and Gold Star Families, both of which receive a portion of the registration fees charged for some plates.” – Ana Potter, Oregon Department of Veterans’ Affairs Aging Veterans Services director

    Oregon Veterans and their families can learn more about the program at https://www.oregon.gov/odot/dmv/pages/vehicle/plates.aspx#Veteran.

    Pennsylvania

    “Pennsylvania’s most popular state benefit is by far the Real Estate Tax Exemption. This program, administered by the Pennsylvania Department of Military and Veterans Affairs, provides real estate tax exemption for any honorably discharged Veteran who is 100 percent disabled, a resident of the commonwealth and has a financial need. More than 14,000 Pennsylvania Veterans are enrolled in the program, which grows by about 1,000 Veterans each year.” – Joel H. Mutschler, director of the Bureau of Veterans Programs, Initiatives, Reintegration, and Outreach

    Pennsylvania Veterans can learn more about the Real Estate Tax Exemption program at www.dmva.pa.gov.

    Rhode Island

    “The most popular state benefit is Rhode Island National Guard members receive free tuition.” – Kasim Yarn, director, Rhode Island Office of Veterans Services

    Veterans can learn more at http://www.Vets.ri.gov/.

    South Carolina

    “All persons who have been declared permanently and totally disabled by the Social Security Administration, VA, or other state or federal agencies, are eligible for a homestead exemption in an amount set by the General Assembly. This also applies to persons over age 65.” – Brandon C. Wilson, public information director

    For more information, contact your county and municipal tax offices or visit http://va.sc.gov/benefits.html.

    South Dakota

    South Dakota’s most popular state benefit is the bonus program. The state of South Dakota awards a bonus to active duty military members and Veterans who meet service qualifications.

    “Regardless of service era, we take an all-inclusive approach to ensure all Veterans have access to their benefits,” said Greg Whitlock, Secretary of the South Dakota Department of Veterans Affairs.

    Whitlock encourages Veterans to contact their local county or tribal Veterans service officers or the South Dakota Department of Veterans Affairs office (605-773-3269) to learn more about their benefits. Veterans can also visit https://Vetaffairs.sd.gov/ or https://www.facebook.com/SDDVA/.

    Tennessee

    “Tennessee’s most popular Veteran benefit is the property tax relief for certain 100% disabled Veterans and their surviving spouses for up to $175,000 of the property’s assessed value. Determination of eligibility for a homeowner who is a disabled Veteran or widow(er) of a disabled Veteran will be made based on information provided by the VA through use of consent forms.” – Ron Dvorsky, Tennessee Department of Veterans Services resource coordinator training officer

    Veterans can learn more about the program at https://comptroller.tn.gov/office-functions/pa/property-taxes/property-tax-programs/tax-relief.html.

    Texas

    “From September 2019 through April 30, 2020, the Texas Veterans Commission (TVC) Claims Department has assisted over 7,000 Veterans in receiving over $250 million in retroactive payments plus annual increases. I’d say that shows the TVC claims program is very popular.” – Thomas P. Palladino, executive director of the Texas Veterans Commission

    Veterans can learn more at https://www.tvc.texas.gov/claims/.

    Utah

    “Utah’s Veterans Property Tax Abatement is widely used designed to reduce certain property taxes Veterans owe on normally taxed property, to include homes, automobiles and recreational vehicles. The tax reduction is based on the level of a disability rating as determined by VA.” – Gary Harter, executive director of Utah’s Department of Veterans and Military Affairs

    Additional information is at https://Veterans.utah.gov/utah-tax-abatement-exemption/.

    Vermont

    “Vermont’s most popular benefit is a property tax reduction program for Veterans with a VA rating of 50% or greater.” – Robert E. Burke, director, Office of Veterans Affairs

    For more information visit www.Veterans.vermont.gov.

    Virginia

    “Virginia’s VA claims assistance program. This program has over 100 full time staff dedicated to assisting transitioning service members and Veterans prepare, and when necessary, appeal their VA disability compensation and pension claims.” – Thomas Herthel, deputy commissioner for the Virginia Department of Veterans Services

    In 2019, VDVS staff helped over 200,000 Veterans submit over 70,000 claims and appeals. Additionally, VDVS has a dedicated team of appeals attorneys and specialists who assist Veterans before the Board of Veterans Appeals and the Court of Appeals for Veterans Claims and advocate on their behalf. In all, Virginia’s Veterans received over $3.5 billion in federal disability claims benefits in Federal Fiscal Year 2019.

    Veterans can learn more at https://www.dvs.virginia.gov/benefits.

    Washington

    “Washington offers free license plates for disabled Veterans, Purple Heart and Gold Star, as well as free camping for Veterans with 30% or greater disability.” – Liza Narciso, assistant to the director, Washington Department of Veterans Affairs

    For more information, visit https://www.dva.wa.gov/.

    West Virginia

    “West Virginia provides funds each year to pay for education and training opportunities that do not qualify under VA guidelines. This gives our Veterans a second opportunity for success.” – Cabinet Secretary Dennis Davis

    Veterans can learn more at https://Veterans.wv.gov/Pages/default.aspx.

    Wisconsin

    “WDVA’s online tool, MyWisVets.com, makes it easy for Wisconsinites to check their eligibility benefits, upload supporting documents, apply for grants, pre-register at our Veterans homes or for an internment, and more. MyWisVets.com is supported by WDVA’s Veterans Benefits Resource staff, who are also available by phone, email, or via our Live Chat feature on the WDVA website to support Veterans with state and federal benefits questions.” – Donald Placidi Jr., Division of Veterans Benefits administrator, Wisconsin Department of Veterans Affairs

    Veterans can visit the online portal at www.MyWisVets.com.

    Wyoming

    “The most popular state benefit is the property tax exemption. This benefit is used in all 23 counties.” – Tim Sheppard, executive director, Wyoming Veterans Commission

    Veterans can learn more at https://www.wyomilitary.wyo.gov/Veterans/commission/.

    Source

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  • Veterans Benefits: Does the VA Pay for Senior Care?

    Senior Care

     

    Are you or your loved one a U.S. military Veteran or military Veteran’s spouse? Veterans or their surviving spouses in need of senior care may qualify for extra financial help on top of their basic pension. Here are the highlights of the little-known Aid and Attendance benefit, which can provide financial assistance to senior Veterans or their spouses who need long-term care but can’t pay for the full costs on their own. For more details, download our Guide to VA Benefits and Long-Term Care e-book.

    What is Aid and Attendance?

    Aid and Attendance is a pension program provided to Veterans through the Department of Veterans Affairs (VA).

    The VA helps Veterans and their families by providing supplemental income through the Veterans Pension and Survivors Pension benefit programs. Veterans (or their widowed spouses) in good health qualify for the basic pension if they are 65 or older and have a low income level.

    Veterans and survivors who are eligible for a VA pension and who require the aid and attendance of another person (or are housebound) may be eligible for additional monthly payments above the normal pension amount — those additional payments are the Aid and Attendance benefit.

    However, to qualify for Aid and Attendance, a Veteran or surviving spouse must first qualify for the basic VA pension.

    The VA lists many eligibility factors for the basic VA pension:

    • An honorable discharge
    • Age 65 or older (or permanently disabled)
    • Minimum service requirements (at least 90 days of active duty, with one of those days being during active wartime)
    • A monthly income and assets below the limits set by the VA (net worth must not exceed $129,094, as of December 1, 2019)

    To qualify for Aid and Assistance, you must meet one of these additional medical requirements:

    • Need the help of another person for everyday tasks like bathing and dressing
    • Are in a nursing home, due to a mental or physical incapacity such as Alzheimer’s disease
    • Are bedridden
    • Have specific eyesight limitations

    Depending on the Veteran’s care needs and financial status, the Aid and Attendance benefit can provide $2,170 or more per month toward the cost of several types of senior care, including nursing homes, assisted living, memory care, residential care homes, adult day services, and more.

    Do VA benefits cover nursing home care?

    Aid and Attendance can be used to help pay for a nursing home, although it may not be especially helpful if the applicant is eligible for Medicaid or expects to go onto Medicaid soon. This is because the benefit will not pay more than $90 per month to someone who is eligible for Medicaid — the exception being those who reside in state VA nursing homes, which are exempt from this rule.

    The Aid and Attendance program can be helpful for those who are on the cusp of being able to afford a private-pay nursing home. For example, Aid and Attendance could bridge the financial gap for a Veteran who makes $6,000 a month but hopes to live in a nursing home that costs $7,000 a month.

    Aid and Attendance can also provide additional income for a spouse at home, or if there is a statewide waiting list for Medicaid beds.

    Do spouses of Veterans get Aid and Attendance?

    Yes — surviving spouses of Veterans may receive VA benefits, which include both the basic pension as well as Aid and Attendance. Those benefits help pay for nursing home costs.

    It’s important to note that you must be a widowed spouse of a Veteran to apply for and receive VA benefits on your own. Spouses and other dependents of living Veterans may be eligible for other types of benefits, such as education, financial counseling, and basic health care.

    However, Veterans with a spouse or other dependents may qualify for higher award amounts. This 2020 chart shows the amount of aid for single Veterans and for those with spouses and other dependents.

    Do VA benefits cover assisted living facilities?

    The VA does not differentiate between a nursing home and assisted living community in their definition of “nursing home.” This means that, in most states, residents of assisted living communities often qualify for the benefit.

    Assisted living communities have emerged in the last two or three decades as an alternative to nursing homes for those who need some care, but not 24-hour skilled nursing care. Aid and Attendance can help qualified recipients pay for assisted living.

    Assisted living communities provide personal care in addition to more basic amenities like meals, housekeeping, and activities. The care they offer usually includes medication management, bathing, dressing, grooming, and toileting, although not all residents require assistance in all of these areas.

    The average cost for assisted living is $3,715 per month, but this varies depending on region and other location-related factors, the size of the apartments, and the needed level of care.

    If you meet the clinical requirements for Aid and Attendance and the assisted living community is helping with personal care needs, then typically the monthly amount paid to the assisted living community is deducted from your gross income.

    How do I apply for VA benefits?

    To apply for Aid and Attendance, you need to mail the completed VA forms to your pension management center (PMC), or you can apply in person at the nearest VA regional office.

    Filling out the paperwork correctly can be difficult, but our guide to Aid and Attendance contains an extensive list of all the required application documents. A Place for Mom’s Senior Living Advisors can potentially answer questions you have about applying for Aid and Assistance or about VA benefits for seniors in general.

    The application and approval process for Aid and Attendance can be frustratingly slow. It can take weeks for families to gather the necessary documents and complete the paperwork. The approval process itself averages almost nine months, but a complete and accurate application can be processed much more quickly.

    If you are 90 or older, you can request an expedited review in a cover letter with your application.

    The good news is the benefit pays retroactively upon approval of eligibility. This means the first benefit payment includes a lump sum to cover the months that the application was pending.

    Other Veterans benefits resources

    Here are some other helpful resources for learning about VA benefits:

    Source

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  • Veterans could see big cost of living increase to their benefits this year. Here’s why

    COLA Increase 01

     

    Veterans could see a major cost-of-living increase to their benefits this year.

    The U.S. House of Representatives passed a bill Monday that would again tie the cost-of-living boost for Veterans benefits to this year’s cost-of-living adjustment, or COLA, for Social Security recipients. The bill, which already passed in the U.S. Senate, will now head to President Joe Biden’s desk.

    If signed into law, it could mean a big increase for Veterans benefits as some experts have predicted this year’s Social Security COLA could be the largest in decades. Here’s what to know.

    What the bill would do

    The bill would require that, whenever there is a cost-of-living increase for Social Security recipients, the Department of Veterans Affairs increase the benefits paid to Veterans by the same percentage.

    It would increase the “amounts payable for Veterans’ disability compensation, additional compensation for dependents, the clothing allowance for certain disabled Veterans and dependency and indemnity compensation for surviving spouses and children,” according to the bill’s summary.

    The Social Security COLA is automatic each year, but lawmakers must separately approve an increase to Veterans benefits annually, according to The Military Times. The bill to do so typically passes without opposition, but efforts to permanently link the increase to the Social Security boost have been unsuccessful.

    If signed into law, the bill would go into effect for benefits starting in December.

    How much will benefits increase?

    That’s still unknown.

    It depends on how much Social Security benefits increase, and the Social Security Administration (SSA) has said it won’t announce next year’s COLA until October.

    Since 1975, the SSA administration has increased Social Security’s “general benefit” based on increases in cost of living as measured by the Consumer Price Index, which is “a measure of the average change over time in the prices paid by urban consumers for a market basket of consumer goods and services.”

    Last year, the SSA decided on a 1.3% COLA. The Military Times reports the increase hasn’t been over 3% since 2011 and has averaged less than 1.3% over the past six years.

    Predictions on the increase

    Some experts have predicted this year’s COLA could be the highest in decades — which would translate to a big increase in benefits for Veterans as well.

    “Estimates for the 2022 COLA range from 5.8 percent from economist Bill McBride, who writes the finance and economics blog Calculated Risk, to 6 to 6.2 percent from The Senior Citizens League,” the AARP wrote in a blog post earlier this month. “Moody’s Analytics estimates the 2022 COLA at 5.6 percent. Stephen Goss, SSA’s chief actuary, says the COLA will be close to 6 percent.”

    The Senior Citizens League said in August its estimated 6.2% increase would be the highest in nearly four decades.

    “The estimate is significant because the COLA is based on the average of the July, August and September CPI data,” Mary Johnson, a Social Security policy analyst for The Senior Citizens League, said. “With one third of the data needed to calculate the COLA already in, it increasingly appears that the COLA for 2022 will be the highest paid since 1983 when it was 7.4%.”

    David Certner, legislative counsel and director of legislative policy for government affairs at AARP, said in the blog post that the COLA will “no doubt be higher than it has been for the last decade” because of rising prices.

    Why it matters

    Rep. Mike Bost, a Republican from Illinois and ranking member of the House Committee on Veterans’ Affairs, said in a statement that many Veterans rely on disability compensation to “make ends meet.”

    “This was especially true during the pandemic,” Bost wrote. “For millions of Veterans and their families, this adjustment is more important now than ever before.”

    Rep. Mark Takano, a Democrat from California and committee chairperson, called the cost-of-living adjustment “so much more than a rate adjustment tied to inflation.”

    “It is a quality-of-life guarantee in the retirement years for Veterans suffering with service-connected disabilities and ailment,” he said. “It also comes with the assurance for Veterans that their survivors will not see a steady decline in benefits if the economy changes and costs rise after they have passed.”

    Takano noted to The Hill that Congress enacted the adjustment well ahead of the December deadline.

    “I am pleased we are considering this bill early this year so Veterans will not be concerned about its passage by the Dec. 1 deadline,” Takano said. “This is especially important with so many feeling the economic effects of the COVID-19 pandemic.”

    Source

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  • Veterans face crisis of confidence with VA, secretary says

    Vets Face Crisis

    As the 11th secretary of Veterans Affairs since President Ronald Reagan established it as a cabinet-level organization in 1988, Secretary Denis McDonough hardly has big shoes to fill.

    Each secretary has made promises, and some have made changes: Jesse Brown expanded service to all veterans but particularly for women veterans, and he extended health care through a series of clinics. Edward Derwinski added some benefits for Vietnam veterans exposed to Agent Orange. Bob McDonald created the first Veterans Experience Office expressly to improve the us-against-them feeling so many veterans complain about.

    But in the background, scandals arose. Eric Shinseki, beloved by his staff and by his boss, President Barack Obama, inherited a benefits backlog issue that went back years. It was first highlighted during the Walter Reed Scandal in 2007 under Secretary James Nicholson, when soldiers faced a Defense Department backlog in the military medical retirement system. After leaving the military and beginning VA’s benefits process, they then faced a second 400,000-plus case backlog at VA. Nicholson had also resigned.

    Health benefits were denied to Gulf War veterans, Vietnam veterans, and veterans of the wars in Iraq and Afghanistan. Veterans killed themselves at high rates — and a VA official issued the infamous “shhh!” memo wondering if VA officials should issue a statement before someone “stumbled” on the problem. And 13,000 old benefits cases were found in a filing cabinet.

    Most recently, Sec. Robert Wilkie, a President Donald Trump appointee, chose to discredit a House Veterans Affairs staffer and Navy reservist after she reported being groped and verbally assaulted at a VA facility in Washington — rather than look into the case and work to prevent it from happening again. Reporting from ProPublica led to a government investigation.

    Each of those former secretaries made promises. They spoke of honoring veterans. They referred to Abraham Lincoln and the gratitude of a nation, and they laid wreaths and visited hospitals. And each time, veterans wondered what they could believe.

    McDonough has come forward with a new set of promises: transparency. A proactive, rather than reactive, system. Again working for internal cultural change so veterans no longer chant: “Delay, deny … until you die.”

    He runs a huge agency: More than 9 million veterans are enrolled in VA health care, which makes it the largest health care system in the United States. About 3.9 million veterans receive compensation for disabilities. About 424,000 people work for VA. And the president has requested almost $270 billion in funding for fiscal year 2022.

    He knows the priorities: the burn pits. The backlog. The caregivers. Suicide rates and drug addiction and homelessness and transition, especially as veterans realize there isn’t a war to go to to avoid the problems that arise at home.

    But we’ve heard these promises before. Why should we believe McDonough?

    “You shouldn’t,” he tells The War Horse. “You shouldn’t.”

    Still.

    Enough changes have been made in the early days of McDonough’s term that even the veterans’ service organizations say they are, after years of expressing frustration, “hopeful.”

    He has invited journalists, including The War Horse, in for one-on-one interviews. He holds monthly press conferences and quarterly breakfast meetings with the veterans’ service organizations. VA extended presumptive status to veterans with lung issues and some cancers related to exposure to burn pits. And McDonough seems willing to make decisions that could be hung up by controversy: He recently decided to offer gender confirmation surgery at VA facilities.

    These may seem like minute changes, but in the past, journalists have struggled to get an interview for even “good news” stories out of VA. Veterans groups have complained about requests for meetings that haven’t even been acknowledged. And the burn pits? Army Times broke that story — and all of its associated health implications — in 2008.

    Don’t let’s even get started about Gulf War illness.

    So is it OK to hope? Is it time?

    “Overall, Secretary McDonough has established laudable goals and principles to guide him,” Joy Ilem, national legislative director for Disabled American Veterans, told The War Horse by email. “Now we need to see them lead to real results for America’s veterans.”

    The headlines haven’t all been good. Doctors with revoked licenses were approved to work at VA facilities. The agency has delayed implementation of its electronic health record program. And it has faced criticism of an ever-increasing budget.

    In other words, McDonough still has some work to do, and he must do it within the confines of a bureaucracy built bit by bit. He must keep up the morale of the employees doing good work — and veterans surveys show there are a lot of them — while dealing with holdover employees who would like to see VA fail to prove government health care doesn’t work and that VA should be privatized. And he must still work within the rules prescribed by Congress.

    “I’m not asking anybody to believe me on anything,” McDonough says. “I’m saying I’m here to be held accountable to what I said last month and last year. And I don’t know, I hope, I hope it works out. But you don’t need to believe me. This is why you guys are in business.”

    ‘I was not looking for a job’

    The challenges, which must be among the most formidable in the U.S. government, as well as the failures of qualified people in the past, seem like a pretty good reason for someone with McDonough’s resume to say no. He served as President Obama’s chief of staff before going to work for the Markle Foundation. Why risk an impressive career when VA has tarnished so many in the past?

    “Well, I was not looking for a job,” McDonough says. “And I was not looking to come back to the government. But the president of the United States asked.”

    Fair, but the request is also a job requirement of each prior secretary, and others have said no — famously including Cleveland Clinic CEO Toby Cosgrove, who turned down Trump.

    “That’s an insufficient answer,” McDonough says. “Because I’m also really glad he did ask.”

    In the 20 years after the 9/11 attacks, McDonough worked behind the scenes making sure other people’s decisions were enacted — and that included sending young men and women to war in Iraq and Afghanistan. As VA secretary, he faces a new challenge of making the decisions, rather than following others’ orders. And, he says, he can “make good on the promises that we made those men and women whose life I had a part in impacting so profoundly.”

    Because of his resume, and because of his family connections, he says he came to the job feeling well-informed. His wife, Kari McDonough, founded Vets’ Community Connections, a group that introduces civilians to veterans, and may be the reason Biden thought of him for the job, Denis McDonough says. When Denis McDonough worked for Obama, Kari McDonough volunteered for the Red Cross at Walter Reed National Military Medical Center and from there started to devote time to service members and their families.

    But beyond his wife, he talked to friends who are service members and veterans, as well as former VA secretaries, such as McDonald, “whom I hold in very, very high regard, and whom I got to know quite well.” McDonald replaced Shinseki after it was revealed that veterans died while waiting for care, which made headlines on national news — and after McDonough himself made the rounds trying to calm an angry nation. Veterans groups urged Trump to keep McDonald on as VA secretary because of his push for transformation — including the Veterans Experience Office, which focused on asking veterans what they needed and used human-centered design to find problems in forms, processes, and even visits to the clinic. But Trump brought on David Shulkin, who worked under McDonald and who was fired after being accused of using government travel for personal use — which he has consistently denied and wrote in his book was really a ploy toward privatizing VA.

    McDonough also learned, based on past secretaries’ experience, that he may not have a lot of time: A second term for President Joe Biden or another Democrat might lead to a second term for McDonough. A second term for Trump would likely mean another move toward privatization.

    ‘It’s become so difficult … so bureaucratized’

    What McDonough learned from his mentors could strike fear into the heart of any government official. But he says he’s decided to focus on the veterans — and to do that by taking accountability for quick action.

    “I think the general sense is that — which I think is an accurate sense — is that as a country, we dedicate to do a lot for veterans, as we should,” he says. “And the institution itself has grown up in a way that, if you were to step back and build it in its whole self, from scratch, you wouldn’t build it this way. It’s built in a very kind of step-by-step fashion.”

    VA contains three administrations — three large administrations: the Veterans Benefits Administration, the Veterans Health Administration, and the National Cemetery Administration. Each leadership team likes to run things the way they’ve always run things — or at least without the help of the new guy in the front office. In other words, just like any large entity, change is hard, but at VA, it’s especially hard. And it’s hard to push information from administration to administration.

    “So the structure itself creates a series of management challenges,” McDonough says.

    The second big issue? “Given the importance of the mission, the expectations for excellence are very high,” he says. “And therefore, when we don’t meet that, there’s, I think, very understandable public frustration.”

    Which leads to the third big issue: How does one lead people toward change — keep up morale, celebrate the wins, invigorate them toward future progress — if the public has a hard time seeing small innovations or real successes when veterans still kill themselves in VA parking lots or line themselves up in tents on Skid Row?

    “I think that public frustration too often leads to a crisis of confidence,” McDonough says. “And, a lot of times, I feel like my job around here is to just hold up a mirror to people who are doing things really, really well. So they can see and be reminded of how well they’re doing those things.”

    In each speech, he tries to mention a VA employee who does good work. He tells stories of successes. He reminds his team that the job is hard, but they’re in it together. Change isn’t easy: The new electronic records system — likely tied in with the frustrations of all health care workers dealing with COVID — has folks saying in a survey at one medical center that they’ve considered quitting. And while numbers have improved in recent years, staffing shortages still make everyone’s jobs harder. Open positions at the highest levels make it hard to plan for the future, including an undersecretary for health position — which has been open since 2017.

    “One long-overdue action is for the administration to nominate, and then the Senate to confirm, qualified undersecretaries for health and benefits,” Ilem says. “Filling these key leadership positions must be among the highest priorities of this administration. No organization can operate at maximum efficiency when you have long-standing vacancies and temporary leaders at the top.”

    And new human resources policies from the last administration may have made hiring that much more difficult, according to a new article from The American Prospect, a progressive political magazine. The program replaced local decision-makers with a web-based system at the regional level, meaning local health facilities have to wait, often months, for simple hiring decisions to be made. If this is a problem, a new undersecretary could potentially fix it.

    “Fixing it” serves as the epitome of the problems in any bureaucracy, because it goes back to change management and getting buy-in, as well as enabling employees to take the ownership and the leadership needed to get things done. This isn’t necessarily common in a good-enough-for-government-work climate that years of feeling as if nothing will ever change can build.

    Add to that the belief that one mistake — any mistake — could get an employee fired, as people have seen in the fate of their secretaries, and such fear-driven paralysis creates even bigger blockers. McDonough says he’s trying to change that by building confidence in his employees — both in their capabilities and in their belief that he has their backs if they try new things.

    “Because it’s in the inconfidence or the nonconfidence that we make bad mistakes,” he says. “And we don’t take appropriate risk. And we get frozen by risk avoidance, rather than informed by risk management and risk tolerance.”

    He takes it further, showing an understanding of just how difficult it is to make change for the people who work at VA:

    “I think people here understand that they’re going to encounter frustration, and not only they understand that they’re going to encounter it, but that they understand that it’s hard-earned frustration, in some cases,” he says. “Because, oftentimes, among the most frustrated people are the people who work here trying to get stuff done, but it’s just become so difficult, so encumbered, so layered, so bureaucratized.”

    For him, that brings pride in the employees who do break through, who have managed through a pandemic, and who do keep a sharp focus on the veterans — because he says he’s also keenly aware that they can go elsewhere. VA isn’t the only organization struggling to find employees in 2022.

    So far, he says the internal change is going well.

    “But you know, I don’t know yet,” he allows. “And inevitably, there’s going to be debate and discord, either at the interagency or here internally. In fact, I hope there is, because it’s out of that discord that, actually, greater knowledge comes.”

    He knows not everyone will agree, but he says he hopes everyone will understand and believe in the process.

    “There’s still delicate questions to resolve,” he says, “which is why we also have to make sure, among those stakeholders we’re talking to are the VSOs, who have intense, elaborate, and important experiences–understand the decision-making processes, and, for example, thresholds for decisions. You gotta keep working with them, and that requires, obviously, openness to all things.”

    ‘Yeah. They’re frustrated’

    As McDonough spoke with The War Horse, he had just come from one of his quarterly breakfast meetings with the veterans service organizations. Did they beat him up?

    “Yeah,” he says, “they’re frustrated. They’re frustrated about our notices to the caregivers who now have a right to appeal, that those notices could be more robust. [The notices] could give the veteran and his or her caregiver more transparency into why they were denied. I think that’s right. They’re frustrated on the fact that we need to recognize that we are bringing our personnel back in what we call a future of work. That also means that we’re bringing back into our buildings VFW, American Legion, DAV, Paralyzed Vets, Dub Dub P [Wounded Warrior Project] personnel.” (Veterans Service Organizations often have offices in VA buildings so they can help with benefits, care, and outreach.) “And they’d like us to be as clear with them as we are with our own workforce, because they’re there. I tell them all this all the time, which is that they’re the front door for so many of our vets to the VA, and so they say, ‘Well, then you should treat us like that.’ So we should have more clarity.”

    In other words, the VSOs want to know what decisions are being made and why as they’re being made–and they want to know if there’s been progress on the issues the VSOs have highlighted.

    The VSOs don’t disagree.

    “The VA caregiver program has been a blessing to thousands of veterans and their family caregivers; however, systemic problems have plagued the program from the outset,” DAV’s Ilem says. “VA must revise regulations determining eligibility for seriously disabled veterans and implement a new appeals system that provides veterans and caregivers justice.”

    Ilem allowed that there has been progress.

    “Taking office in the middle of a pandemic was a challenge, and VA continues to perform admirably for the veterans it serves and in meeting its fourth mission to serve the nation as a whole during national emergencies,” she says. “The secretary has made some important and meaningful progress, such as the addition of new presumptive diseases for veterans exposed to particulate matter. There have also been important course corrections in plans he inherited, as was done with the new electronic health record following a strategic review last year.”

    Ilem says VA’s “most pressing challenge” is, as it is for everyone else, responding to the Covid pandemic — but while making sure veterans get the rest of the benefits they earned. That includes making sure VA has the money to “recruit, hire, and retain” good employees.

    DAV, as well as many of the other VSOs, have made toxic injuries — from burn pits, from polluted water, from Agent Orange, from anti-nerve agent pills and sarin gas — a top, if not the top, priority. (DAV’s Dan Clare was the first to leak, anonymously, the documents outlining the concerns with the Balad burn pit to a reporter back when he worked in military public affairs in 2008.)

    “Veterans should never have to wait decades to receive recognition for injuries and illnesses that occurred while serving our nation in uniform,” Ilem says.

    Mental health care and suicide prevention also top her list and require collaboration with other groups, she says.

    She says she worries about the issues that don’t make the headlines: that the Asset and Infrastructure Review ensures VA has the capacity it needs, that IT systems across VA be modernized, that the new electronic health record system is successful. (It hasn’t been so far, instead being marked by delays, errors, and cost overruns.)

    Still, her tone is hopeful.

    “From our experience, Secretary McDonough has been open, accessible, and willing to have frank and honest conversations with DAV and other veterans service organizations,” she says. “We appreciate his willingness to share information with us, and, most importantly, listen to our concerns and recommendations about veterans’ benefits and health care services.”

    Kerry Baker, veterans advocate and former Veterans Benefits Administration employee, also has concerns about the behind-the-news issues: He worries that toxic exposure at Fort McClellan will never be properly addressed, and he worries about what a new process to determine which health conditions can be automatically associated with service might look like. He believes the Veterans Appeals Improvement and Modernization Act of 2017 helps the segment of the population that chooses a quick appeal, but pushes those cases with errors — made by VA — in their claims to the back of the line, even as the backlog grows because of COVID and new presumptive conditions: “It goes against everything Congress and VA touted the new law was for,” he says. And he says the “fundamentals” of rating a veteran’s injury or illness have been lost in a culture of finding ways to tell the veteran no, rather than giving them the “benefit of the doubt,” as the law says they must do.

    “People [in and out of VA] like to lean on the ‘complexity’ of exposure cases as an excuse,” Baker says, referring to the difficulty in directly linking exposure to disease after a veteran has been exposed to particulate matter or carcinogens. “Looking back, I am even guilty of it. But the vast majority of mistakes in exposure cases are the simple version — mistakes in the fundamentals of rating. In that light, the ‘biggest’ problems are actually the easiest to fix — the low-hanging fruit.”

    Baker wrote the first training letter about burn pit exposure while he was at VA, and he sees many of the benefits problems as training issues.

    At a mid-January press conference, McDonough told reporters the backlog stood at about 70,000 claims pre-Covid, but since then the crisis and the addition of several new presumptive conditions added 174,000 claims in addition to the usual flow of new cases coming in. The backlog stands at about 260,000 cases right now, but McDonough said they’re hiring more than 2,000 claims processors, paying overtime, and making progress on scanning veterans’ records at the National Archives so they’re easier to access. At the press conference, Rob Reynolds, acting undersecretary of VA’s Office of Automated Benefit Delivery, said a new pilot looking at service-related hypertension would automate the system to get rid of unnecessary medical exams and reduce the back-and-forth of paperwork. If the veteran has enough medical evidence in their file, the rating system will fill in the disability rating and create a proposed rating system. If there’s not enough information, the system will request a medical exam.

    “I am hopeful in the long run,” Baker says, “but it’s mostly more of the same in the short term.”

    ‘We’re just trying to put everything out there’

    It’s a lot: the lack of clarity. The decades-long issues. The stakeholders coming from a dozen directions. The need to keep up morale.

    “It is a lot,” McDonough acknowledges.

    But in his mind, Baker’s right: It’s a matter of simplicity. Part of the problem is communication, McDonough says, hence the press conferences, breakfasts, blogs, and newsletters. The press, the veterans service organizations, the veterans and their families, and Congress all need to know what’s up.

    “So we’re just trying to put everything out there,” he says. “And my theory is, the more people see the information, the more confidence they can have that the decision itself is actually — whether it’s a good or bad decision — it’s at least informed by the best available information.”

    After the fiasco of the investigation into the House Veterans Affairs Committee staffer who reported assault, McDonough brought in women to help him rebuild. Kayla Williams, who had been appointed during the Obama administration as director of the Center for Women Veterans, is back as the assistant secretary of the Office of Public and Intergovernmental Affairs. She has pushed the issue of monthly press conferences and press access, and, as a veteran herself, has long been a proponent of VA facilities that reflect all of their clientele — and not just the traditional square-jawed, straight, white male image that appeared in old movies. (Williams is a War Horse fellow and past contributor.)

    “I think it’s also not a mistake that several of our senior communicators are women veterans,” McDonough says.

    The Veterans Experience Office, under John Boerstler, continues the work it began under Obama to map the veteran’s experience, look for hiccups in the system through human-centered design, and set up events to simply listen to veterans. When VA decided which Electronic Health Record portal to use, McDonough had Boerstler’s team ask the veterans which one they prefer.

    “I love John Boerstler,” McDonough says. “I think he’s maybe the single most creative policymaker I know. And on one level, he’s not even that creative, because what he keeps just saying is, ‘We need to listen to vets.’”

    Overall, he says he feels like he has a handle on it.

    “I feel quite liberated because what we do here is not classified,” he says. “It’s hard. But it’s no secret. And we shouldn’t treat it as if it is.”

    ‘It’s the law of the land’

    The Veterans Access, Choice, and Accountability Act started as a way to expand health care services to veterans who had to wait too long for services, or who lived long distances from VA facilities. Trump expanded it with the MISSION Act, saying he wanted veterans to be able to choose private care, if they preferred it.

    “I think there are some people who see that as an effort to sap resources away from VA,” McDonough says. “The way I see the MISSION Act is it’s the law of the land. It gives us really important tools. It, I think, is particularly meaningful and important for rural vets.”

    But rural health facilities of all kinds are struggling right now to meet the needs of their local populations, and McDonough sees VA as part of a solution to address that need. Because of the COVID pandemic, VA created a two-year training program to “grow the health care workforce in rural communities.” Rather than allow the MISSION Act to show VA health care isn’t necessary, the administration turned the story on its head by using VA to try to improve community access for everybody.

    “If we can then crosswalk our in-care — in-system care — with community-provided care, and maintain our central role as the integrator of that veterans’ care, then we will kind of get to the next level as not only the premier provider of health care to veterans, but the central pillar in the overall health care system in the country. And so that’s what the ‘tool’ of the MISSION Act can allow us to do.”

    VA also geared up to provide vaccines for all veterans — including those not in VA’s system, veterans’ spouses, and caregivers — and expanded telehealth care to keep patients and providers safe during routine exams or prescription updates, as well as to provide care to veterans who are less likely to show up at an office, such as veterans without homes.

    In mid-January, McDonough told reporters Omicron had hit VA hard: Admissions hit an all-time high of more than 300 a day in early January, and 15,000 health care employees stayed home after a Covid-positive test. He said VA had stepped up, and veterans should know care is still available.

    But it’s still a challenge: A November inewsource investigation found that, even after doctors sent veterans to outside care for treatment, administrators refused those orders to save money and keep veterans within the VA system. The problem began under Trump and continued under Biden.

    “If we’re competing with others in the system, and we’re trying to make a case to the veteran, the best way to make the case for veterans to stay in our care is to get the veteran in for timely access to care,” he says. “So under 20 days for primary care, 28 days for specialty care. And if we can’t meet those, that’s on us. That’s not on the MISSION Act.”

    ‘I think the interview with Jon Stewart was fine’

    McDonough recently appeared on “The Problem with Jon Stewart,” where Stewart, a huge burn pit-benefits proponent, pushed McDonough for not acting quickly enough to get veterans help.

    “You know, the interview with Jon Stewart, I think, was fine,” he says. “I think it’s good. I think the really important part of it is he’s raising awareness among so many people in the population about something that is so critically important to a smaller part of the population who really feel left behind. And so I think that’s an absolutely important service. And I was really — I’m really glad I did it.”

    He alluded to an important change during the interview, but it was probably too nuanced for that particular moment: He’s working to change the presumptive-status decision-making process. It’s mired in bureaucracy, law, and Congress. And that’s not so different from other government agencies, so there’s a Biden directive to do things differently across the board.

    “I think the best way I can answer the question is to say, how are we structuring the decision-making process so as to force decisions?” he says. “So often, what happens in government, and frankly, everywhere, is the avoidance of decision-making, rather than the forcing of decisions and then defending your decisions.”

    So, they talk — all of the agencies — and they hold each other accountable. But everybody also knows what everybody else needs, he says, including the president.

    “We’re actually sitting around the table with the Department of Labor who, through OSHA, has access to a lot of stuff about toxic exposure. Department of Defense, obviously, HHS, which is the parent agency for, for example, the National Institutes for Cancer. So we then not only are accountable to the president for the decision-making, we also have a wider range of information to inform the decision-making. We’re not just taking it from ourselves or from the national academies. We’re actually getting it from many, many sources.”

    In the meantime, he says Biden has pledged to increase research and development on toxic injuries. That plays out in trying to figure out how to diagnose constrictive bronchiolitis in a way other than by cutting open someone’s chest for a biopsy. (Veterans’ benefits have often been denied for constrictive bronchiolitis because it doesn’t show up on X-rays or scans.) Biden has also pushed him on brain cancer, he says. Biden’s son Beau died of brain cancer after serving in Iraq, and Biden has said he believes there may be a correlation.

    “The president said, ‘I want an answer early in the new year on rare respiratory cancers,’” McDonough says. “He’s also pressed me hard on brain cancers. And veterans have pressed really hard on constrictive bronchiolitis. And so we say, ‘Not only are we looking at it, and here’s how we’re looking at it, here’s who we’re responsive to look at it. But here’s a timeline on which you can expect a decision.’”

    He expects a decision about rare respiratory disorders connected to burn pit exposure in the “early part of the year,” he told reporters Jan. 18.

    The internal decision-making process has also changed at VA, McDonough says: Once a quarter, he meets with his executive board, and he comes out of those meetings with decisions made. Then he announces them — at the breakfasts, at the press conferences, at Congressional hearings.

    “So we built the structure to force the decisions based on the fact that the president’s person is in the chair,” he says. “That gives us additional information. We’re developing new tools to figure out how to diagnose these illnesses. We are getting additional information to inform the decision-making. We’re putting ourselves on the hook. Well, the president puts us on the hook.”

    Then, as with the decision to offer gender confirmation surgery, McDonough defends it.

    He used the caregiver situation as an example: After years of service by military spouses and other family members as unofficial caregivers, VA realized it could probably save money by simply paying those spouses or moms or dads to be full-time caregivers. But as more service members came back from war with head injuries or chronic PTS, the program became more costly. Suddenly, people who either had been acting as caregivers for years or were newly caring for veterans with severe disabilities were booted from or not allowed into the program. Now, VA is pushing through a new congressionally mandated appeals process to try to fix that. But a big part of the problem, McDonough says, is that the three internal agencies don’t talk to each other — they don’t even necessarily know what their colleagues do, let alone the decisions that have already been made on a particular case. And, he says, everyone involved should better understand the consequences of war, the daily care of someone dealing with a traumatic brain injury, and how it feels to live with PTSD.

    “We should know what VBA knows about the veteran before VHA makes that decision,” McDonough says. “There’s a lot of work we can do to make the decisions more round, more inclusive. … But until then, we also have to be open to downstream consequences in recognizing that they’re connected to service. And we have to hear that, learn from that. Listen to the vets, listen to survivors, caregivers, to make sure that we’re learning, because I think we learn every time we go to war that this is a very impactful experience.”

    As troops stand ready to go to defend Ukraine, those lessons must be on decision-makers’ minds as they talk about VA’s ever-expanding budget.

    ‘That’s not a good talking point’

    McDonough says there hasn’t “really” been any progress on the electronic health record situation. In 2018, Wilkie announced Spokane would be the testing ground for the 20-year battle to integrate Defense Department and VA health records. The result was a disaster, as reported by The Spokesman-Review, with long delays in care and staff threatening to quit.

    “We’ve kind of been in a moment of suspended animation really trying to learn the lessons of Spokane,” McDonough says. “But we just had, I think, two good weeks of explaining to policymakers, talking to our workforce, talking to the press, about our plan for next steps. A big part of that is now having gotten people into the right positions.”

    The situation served as an example of groups not speaking to each other, and then basically sitting on the fence rather than taking responsibility for a decision, he says. In March, with better plans and better decisions in place — he expects — they’ll try again at the Columbus, Ohio, site. The right people are in place, with Terry Adirim heading it up, he says.

    Is everyone playing well together on the new plans?

    “So far,” he says, “but it’s early. This is a little bit like an earlier question: This is a trust-but-verify one. We’ll stay on top of that.”

    McDonough spent his first year at VA working with a budget from the previous administration — and spending surpassed that budget. According to data he had from October, VA had spent just over $2 billion in the community, he says, and they know they need to get a handle on it. Part of that increase probably came as veterans returned to hospitals for care they’d put off during the pandemic, he says, as well as others who learned they were eligible for care when they went in for COVID vaccinations. (By mid-January, VA had vaccinated 4 million veterans, 80,000 spouses, and 28,000 caregivers, McDonough told reporters.)

    But a large portion of the money spent on care remains, as it does in the civilian health care system, for people who use the emergency room. This happens either rather than using lower-cost urgent care facilities or because they haven’t received the treatment they needed — blood pressure medications, insulin, counseling about diet, mental health treatment — and their health situation has developed into a crisis.

    “As I’ve said, a million times, I’ll make every decision based on increased access, improved outcomes,” he says. “And when we do that, we’re gonna see costs flattened, and we’re gonna see satisfaction increase.”

    At the same time, the president tasked him with expanding outreach — which isn’t cheap.

    “I say all the time, when the president has told me to be an advocate for veterans, he doesn’t mean some, he means to be an advocate for all veterans,” McDonough says.

    That’s how the gender-confirmation-surgery decision came about: He reached out to the VHA Governing Board to get a recommendation for the surgery, which hadn’t been allowed at VA for 20 years. He learned that “veterans suffering gender dysphoria who are appropriately treated see dramatic improvements in mental health, dramatic reductions in suicide.” So, he said, “That’s what we should do.” Recently, VA also added a “+” at the end of the name of VA’s LGBTQ program to ensure everyone feels included. And VA announced in January that health records now display gender identity.

    McDonough’s also working on outreach and care for women, he says. He cited The War Horse’s story about rising rates of breast cancer in women veterans and said VA is “getting more aggressive about gender-specific care.”

    “You know, one of our talking points is we have 69 facilities where you can get a mammogram [in the] United States, which is a fucking pittance,” he says. “That’s not a good talking point. That’s a bad talking point. So, we’re dramatically increasing access to technology, like mammography. But we’re nowhere near where we need to be.”

    McDonough has considered VA’s history, those years of denying problems and benefits, of telling Desert Storm veterans their symptoms were in their heads or Vietnam veterans that exfoliants were safe or treating atomic veterans as if their health concerns could not be addressed because they were top secret. What might have happened if VA had simply cared for those veterans? Could it have saved the government money as their health concerns grew chronic? It’s a big question that can’t be answered without considerable research.

    “But that concept is infusing our work,” he says, “to say, ‘How do we do better at identifying something early before it manifests as crisis?’”

    There’s more than that: There’s addressing mental health before it becomes deadly with mind-body work. There’s pushing for gun locks on firearms so veterans don’t have instant access at critical moments. He knows, after working with Obama on the Affordable Care Act, that preventive care saves health systems money.

    “And so at the end of the day, my guess is, those kinds of steps are going to be helpful to the overall budget picture, but they surely are commonsensical,” he says. “And so if had we done a better job of recognizing? Well, look, I mean, I wish we didn’t use burn pits. That’d be the best thing.”

    His dream? To address suicide and mental health in a significant way, as well as to fix the backlog.

    “I think that the most important thing is to deliver on our core course requirements,” he says. “And core course requirements are delivery of world-class health care at VHA, and delivery of timely benefits at NCA and VBA. So obviously, in the first one, that includes suicide [prevention] and access to mental health [care], and the second one includes the backlog. And I have dreams about specific advancements in both of those places.”

    But he wants more than just downward trends: He wants an “intensification of progress.”

    “That’s what I’m looking for, is the game-changers,” he says. “And that will come from innovation. That will come from trusting one another. That will come from shaking off this crisis of confidence.”

    Source

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  • Veterans Group Sues Military Leaders, Claiming Yearslong Delays on Benefits Decisions

    Sues Military Leaders

     

    The military has failed to meet deadlines set by Congress for rulings on Veterans' requests to correct records blocking them from receiving benefits, according to a federal class-action lawsuit filed last month.

    The suit brought by the National Veterans Legal Services Program (NVLSP) charges that delays in processing the requests by the Boards for Correction of Military Records of the service branches amount to a denial of the due process rights of thousands of Veterans.

    In an interview and in statements, Bart Stichman, executive director of NVLSP, said that rulings on "lifetime benefits" for disability and retirement are at stake in the lawsuit, which names Army Secretary Ryan McCarthy, Air Force Secretary Barbara Barrett and acting Navy Secretary Thomas Modly as defendants.

    "Veterans who seek a correction of an erroneous less-than-honorable discharge or a wrongful denial of disability retirement benefits are paying a high price for the ongoing delays at the Correction Boards," he said.

    The suit, filed in U.S. District Court in Washington, D.C., on Dec. 16, seeks to compel the "timely final decisions" of the Corrections Boards and gives the defendants until mid-February to respond, Stichman said.

    Congress in 1998 set deadlines of 10 months for decisions from the Corrections Boards on 90% of existing requests for review, and 18 months for the remaining 10%, but the boards have routinely blown past the deadlines, the suit charges.

    At a 2018 hearing of the House Armed Services Subcommittee on Personnel, service representatives acknowledged the backlogs but said they couldn't clear them up without additional resources.

    John A. Fedrigo, director of the Air Force Review Boards Agency, testified that Air Force Corrections Boards were reviewing only about 2% of the 15,000 applications received annually within the 10-month deadline.

    Robert Woods, principal deputy assistant secretary of the Navy, testified at the 2018 hearing that his service received about 12,000 requests for review annually but was adjudicating only 68% of them within the 18-month deadline.

    The suit was filed on behalf of Walter Calhoun of Georgia, an honorably discharged Army Veteran, and unidentified Veteran "John Doe" of Kansas, also an honorably discharged Army Veteran who served in the military police in Iraq and earned the Bronze Star.

    After leaving the service, Calhoun applied for Combat-Related Special Compensation due to his post-traumatic stress disorder (PTSD) and headache disorder associated with PTSD, as well as right knee degenerative arthritis and left knee osteoarthritis. His requests were denied.

    In 2016, Calhoun made a final request to the Army and has been waiting nearly 36 months, or twice the 18-month deadline, for an answer, according to the suit.

    Doe experienced PTSD symptoms that led to his medical separation from the Army, which denied him disability retirement benefits, according to the suit.

    In July 2017, Doe requested a correction of his records to enable him to collect disability but has yet to receive a ruling from the Army Corrections Board, the suit states.

    Stichman said the class-action suit represents a mix of Veterans either requesting upgrades of discharges to entitle them to benefits or requests from honorably discharged Veterans for corrections to their records.

    Source

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  • Veterans harmed by Agent Orange hope Congress will hear them

    Congress Hear AO Vets

     

    Vietnam War-era Veterans who served in Thailand say they’re still fighting.

    Veterans who served in Thailand have long contended they face a higher bar in winning Veterans Administration (VA) disability benefits claims, having to clearly demonstrate they were exposed to Agent Orange or other harmful herbicides while their fellow Veterans enjoy a presumption that they were exposed.

    Several bills in Congress purport to take aim at the problem. Among them: The Veterans Agent Orange Exposure Equity Act, the Cost of War Act, and others, including the Fairly Assessing Service-related Exposure Residual (FASTER) Presumptions Act, also dubbed the “FASTER” Act.

    A Maryland Democrat, David Trone, a member of the House Veterans Affairs Committee, has introduced the latter piece of legislation.

    “We’re going to try to right a wrong,” Trone said.

    ‘We’re old news to them.’

    As some Thailand Veterans see it, the VA places an undue burden of proof on them to demonstrate they were harmed by Agent Orange, in some cases asking for photographs or other evidence of physical proximity to harmful herbicides.

    It’s not a burden shared by Veterans who served in Vietnam or in the Navy.

    “If you set foot on a land mass (in Vietnam), you’re entitled to a presumption” that you have been exposed to herbicides, Rhode Island attorney Robert Chisholm said in an interview. That presumption has been expanded to blue-water Navy Veterans.

    But not to Veterans in Thailand — at least, not yet.

    In October 2020, the VA denied Xenia resident and Thailand Veteran Paul Skinner compensation for what Skinner believed was Agent Orange exposure, with the VA informing Skinner in a letter: “Your personnel records still fail to show that during your duties you were exposed to Agent Orange or tactical herbicides while performing daily duty assignments at Udom (Royal Thai Air Force Base).”

    Skinner acknowledges that he can get health care from the VA. But he sought (and seeks) compensation for pain and suffering. Skinner, who has fought prostate cancer since 2018, has gone through 44 treatments of radiation therapy. He has to apply and use a catheter twice a day, something he expects to do for the rest of his life.

    “We’re old news to them,” Skinner said of the VA.

    Arnie Harmon, a Columbus-area Veteran who served in Thailand, filed for compensation or a monthly stipend some 15 years ago at the urging of one of his physicians. “I’m spending out of pocket about $6,000 to $6,500 a year in medications,” he said.

    “You submit a claim,” Harmon said. “They (the VA) will grant it, (or) they’ll grant it partially, (or) they’ll deny it, which is probably about 80 to 90% of the Thailand Veterans, they have been denied. Some have won on appeal.”

    This letter rejecting Skinner’s claim cited an Aug. 2015 memo from the Air Force Historical Research Agency (AFHRA), a memo that Veteran Robert McHenry, a friend to Skinner and others, fought for years.

    Centerville resident McHenry died in July 2021 at the age of 74. McHenry worked for years to correct what he argued was an error in that memo, which held there was no evidence of tactical herbicides having been used at American bases in Thailand.

    The AFHRA memo said that although use of commercial herbicides is documented, the Air Force archivists found no mention of the transportation, payment for or use of any tactical herbicide to control vegetation on Air Force installations in Thailand.

    “Bob has been fighting this letter since it came out,” Skinner said.

    “They used that letter repeatedly to deny claims,” Mary Flodder, McHenry’s widow, said in an interview.

    Skinner said the denial was frustrating. But he trusted McHenry to make the historical case for him and Veterans like him.

    “He (McHenry) was a walking encyclopedia of information,” Skinner said. “He did so much research on this letter (the Aug. 2015 memo).”

    “These men are now in many cases in their 80s,” Trone said. “They deserve quick adjudication for their claim … and we cannot put the burden on the Veterans who served their country.”

    Trone’s bill would force these to be adjudicated this quicker, presuming that they were exposed to harmful herbicides.

    But the prospects for those bills is uncertain at this point.

    In the ‘spray zone’

    “Everyone that was on the bases would have been in the spray zone” for the herbicides, Flodder said. “Bob was trying to get that letter rescinded at the time he died.”

    Typically, the VA looks for evidence of duty near base perimeters or fence lines to establish herbicide exposure. Often fence lines were sprayed to kill vegetation that may have hid the presence of enemy soldiers.

    In an interview, Skinner recalled that he was an aircraft mechanic on F4 Phantom jets while serving in Thailand. He said he worked in areas close to base fencelines and perimeters, sometimes chaining down jets to run the engines, “which would actually kick up dust and dirt everywhere around the aircraft.”

    His living quarters were also close to a base perimeter, he recalled. The herbicides were in the very air, he believes.

    “I guess the VA doesn’t believe the wind blows,” Skinner said.

    “They (the VA) don’t give you a definition of what the perimeter is,” Harmon said. “Is it two feet from the perimeter? Or is it 500 feet? Because all the perimeters were sprayed with various types of herbicides with dioxin in it. Agent Orange is just a euphemism for many different types of herbicides. But they were all sprayed.”

    A spokeswoman for the Department of Veterans Affairs declined an interview but offered to answer questions in writing.

    “Unlike Veterans who served in Vietnam and certain areas of Korea, Veterans who served in Thailand are not entitled by law to a presumption of exposure to tactical herbicides,” the spokeswoman said. “Lack of a presumption of herbicide exposure does not prevent Veterans from demonstrating through competent evidence that they were exposed to herbicidal agents and that such exposure is sufficiently related to a current disability to warrant disability compensation.”

    Currently, Skinner hopes to make a case before a VA judge in perhaps a year, maybe longer.

    A spokeswoman for the Air Force said neither the author of the AFHRA memo nor anyone else was available for an interview.

    ‘These bills have a chance’

    A solution by Congress may be the best approach, some attorneys and Veterans advocates say.

    “My sense is these bills have a chance, but I just don’t know how good a chance,” attorney Chisholm said.

    Sen. Rob Portman is listed as a co-sponsor of Senate Bill 657, which would modify the presumption of a service connection for Veterans who were exposed to herbicides while serving in Thailand. The bill was last referred to the Subcommittee on Disability Assistance and Memorial Affairs in June.

    A VA spokeswoman said If enacted, S.657 would expand universal eligibility for Veterans who served in Thailand.

    Sen. Sherrod Brown supports the Thailand Veterans Toxic Exposure Act, a version of which was included in the Senate Veterans’ Affairs Committee’s toxic exposure bill reported out of committee in May.

    “Time is running out for these Veterans,” Brown said in an email. “I will continue the fight to get benefits for all Veterans who were exposed to Agent Orange — and other toxic chemicals — regardless of where they served.”

    Questions sent to the offices of Portman and U.S. Rep. Mike Turner, R-Dayton. Turner has supported similar legislation in the past.

    Harmon said his sense is that once attorneys are involved, claims from Veterans who served in Thailand can be settled in as quickly as six months.

    Chisholm said he and like-minded attorneys representing Veterans who served in Thailand are winning these cases one at a time, but with detailed evidence, detailed arguments, detailed affidavits.

    Poway, Calif. attorney Amanda Mineer recalled working on one case in which she and her team had to introduce into evidence a photo of a sailor taking a photographic selfie of himself on a ship as that ship crossed the equator, with barrels of Agent Orange nearby, visible in the photo.

    The photo helped her win the case.

    “That’s what we do; we get creative,” Mineer said. “That’s our job.”

    “It’s still essentially a case-by-case basis,” Chisholm said. “You have to prove it.”

    But proving it isn’t always possible, others say.

    “Let’s be real, this was 60 years ago,” Trone said.

    Source

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  • Veterans May Qualify for Fringe Benefits

    FRINGE BENEFITS

     

    COEUR d’ALENE — Don Walker has made it his mission to inform his fellow Veterans of the benefits and services they earned while serving their country.

    For a year and a half, Walker has worked with Vietnam Veteran Bryan Bledsoe on The Veterans’ Press, a publication dedicated to providing information and resources to help those who served. It began as a “Did You Know?” in the Spokesman-Review and later became a monthly newspaper in The Press.

    “It’s stirring things up,” said Walker, an Army Veteran who spent three years serving in Alaska. “This is exactly what we wanted to do.”

    Even after a year and a half, Walker is still discovering little-known benefits that he wants to share with other Veterans.

    “There are things that still surprise me — like this Vet Tix thing,” he said.

    The Veteran Tickets Foundation — Vet Tix for short — provides free and discounted tickets to events that reduce stress, strengthen family bonds, make memories and encourage service members and Veterans to stay engaged with their communities.

    The service is free — all Veterans have to do is provide proof of service or eligibility. Currently serving military, honorably discharged Veterans from all branches of service and family of those killed in action are eligible.

    Walker learned about Vet Tix when he attended a football game with a fellow Veteran, who had acquired free tickets through the service.

    “You join their organization, which doesn’t cost anything, and they send you notices — everything from concerts to sporting events,” he said.

    Free and discounted tickets aren’t the only benefit that has recently come to Walker’s attention.

    In 2019, disabled Veterans became eligible for Space Available Travel, also known as “Space-A” or “military hops,” which allows eligible passengers to fill unused seats on Department of Defense-owned or controlled aircraft. Authorized disabled Veterans can travel for free in the continental United States or directly between the continental United States and Alaska, Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam and American Samoa.

    The Veterans’ Press exists to tell Vets about benefits they didn’t know about or didn’t realize they were eligible for. Walker said it’s working — he’s heard reports of folks walking into the Veterans Services office with a copy of The Veterans’ Press in their hand and a particular item circled.

    “They say, ‘That’s me — this says I can get some help,’” Walker said. “It’s nice to hear that. We’ll just keep passing the information out and getting it to the right people.”

    Walker said he wants Veterans to know that it doesn’t matter if they previously applied for certain benefits and were discouraged by the experience. He hopes to encourage Veterans to explore all the benefits that are available to them.

    “These benefits are yours,” he said. “You earned them. Go check them out. You owe it to yourself and your family.”

    Source

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  • Veterans Targeted in Benefits Scams

    Benefits Scams

     

    U.S. Veterans who receive calls or recorded messages claiming to be from "Veterans services" should have their guard up.

    According to reports by the Leader-Herald in Saratoga Springs, NY, and KARE11, an NBC station in Minneapolis, scam callers are attempting to elicit financial and other personal information from Veterans. Callers may tell Vets there is a new type of Veterans benefit related to home loans. The reports say the scammers use caller ID spoofing to deceive their intended victims.

    The scammers often leave voice messages, following a script that goes something like this: Your VA profile was flagged for two potential benefits to the changes in the VA program. These are time sensitive entitlements. Please call us back at your earliest convenience.

    The voicemail includes a fraudulent call-back number for "Veterans services." Potential victims who call the number are offered "benefits," such as loan modifications to their mortgages, then asked for personal information, including social security numbers, dates of birth and bank account numbers.

    Scammers who gain access to such information can use it to steal money from bank accounts or credit cards, or sell the information to other bad actors for use in identity theft fraud.

    Other recurring phone scams preying on Veterans include the "Update Your Military File" scam, the "Veteran Charity" scam and the "Veterans Choice Program" scam, according to an article in Forbes.

    An AARP article about Veterans scams reports nearly 80 percent of Veterans they surveyed reported being targeted by scams related to their military service.

    If you get a call that offers any of the above "services," hang up immediately. If you get a voice message, write down the callback number and contact law enforcement to report the scam. Also, file a complaint with the FCC at consumercomplaints.fcc.gov.

    Any unexpected calls requesting personal or financial information should always raise a red flag.

    Learn more about how to recognize avoid caller ID spoofing, phone scams, and unwanted robocalls or robotexts.

    Source

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  • Veterans: Sign up for the VA Burn Pit Registry

    Dr Richard Stone

     

    A message from Acting Under Secretary for Health Dr. Richard Stone

    More than three million Veterans have served in Southwest Asia. Many of you were exposed to airborne hazards like open burn pits. I know during my time in Afghanistan we were downwind of a burn pit and exposed to a constant amount of particulate matter in the air from sand and other materials.

    Join even if you don’t have health problems

    Of all the Veterans who served in those theaters, fewer than 300,000 have signed up for our Airborne Hazards and Open Burn Pit Registry. I encourage all of you to sign up and learn more about how participating in the registry can help you get connected to VA health care and services you have earned.

    Even if you’re not having any health problems currently, joining the registry can help us to really understand the potential health effects of these exposures and provide better care for all Veterans.

    Join even if you aren’t enrolled in VA health care

    Joining the registry cannot negatively impact your VA claim or access to care. You can join even if you aren’t enrolled in VA health care. That said, you can submit your registry information to support your claim if you choose. I also strongly encourage you to take advantage of the free, optional health evaluation that is a part of the registry.

    I encourage you to come forward, talk to your doctors and medical teams, sign up, and ensure that we are better able to help all Veterans in the future.

    Thank you for your service.

    Source

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  • Vets should be getting fewer disability benefits, more help in post-military life says former SECVA

    Fewer Disability Benefits

     

    Former Veterans Affairs Secretary Robert Wilkie on Tuesday criticized the current Veterans benefits system in America as being too focused on providing financial rewards to ailing individuals instead of helping them move past those challenges to post-military success.

    “We’re focused on getting Veterans checks and not getting them well and getting them back into society,” he said during an American University event on Tuesday.

    “The purpose of VA is to care for those .. who have suffered as a direct result of their military service. In my experience, the encouragement of many of the [support] groups give to people coming out of the service, it’s almost as if they encourage them to play disability. And it is incredibly destructive to the system.”

    He suggested that the list of injuries and illnesses making Veterans eligible for financial support may be too expansive, with issues that are more attributable to aging than military deployments. That in turn encourages Veterans to seek payouts from VA instead of finding ways to work and integrate into civilian life.

    The comments came during a roundtable discussion with Daniel Gade, retired U.S. Army lieutenant colonel and a former Virginia Senate candidate, about his new book on the Veterans Affairs system. The volume is titled “Wounding Warriors: How Bad Policy is Making America’s Veterans Sicker and Poorer.”

    About 40 percent of all post-9/11 Veterans have some type of service-connected disability, as compared to about 26 percent of all Veterans in America today, according to estimates from the Department of Labor.

    Wilkie, who served as the head of Veterans Affairs for almost three years under President Donald Trump, described the department as “incredibly resistant to reform” and blasted Veterans lobbyists as worsening the problem with their viewpoints of always expanding benefits and services, rather than catering to Veterans with specific military-related needs.

    “We put those who hold the Purple Heart in the front line when it came to compensation and compensation decisions,” he said. “The howls from the professional class were deafening, as was the response from many in Congress, because they believe that anyone who’s put on a uniform should be treated just like all the others.

    “That is a disconnect that we as a nation have to have to address.”

    Wilkie said his work running the department helped reform some of those practices, but not enough.

    Gade, a White House staffer during President George W. Bush’s administration, said his book is designed to broach conversations about sweeping reforms within the Veterans disability process, including the idea that Veterans should get compensation or treatment for ailments that do not have a direct, immediate link to military wounds.

    “We pay Veterans to be sick, and then we wonder why we have so many sick Veterans,” he said.

    The two men’s comments came at the same time that current VA Secretary Denis McDonough delivered the annual “State of the VA” address ahead of the Veterans Day holiday. In it, McDonough vowed that “no [Veteran] is going to have to fight to get the quality care, benefits and services that they earned.”

    Veterans Affairs officials processed more than 1 million disability claims last fiscal year, setting a new case record, but have seen a growing backlog of overdue claims decisions as pandemic delays and new eligibility rules have increased staff workload.

    Wilkie said improvements can’t be made without fundamental changes in how Veterans groups and lawmakers view the system. But he also took aim at “the lobbyists in Washington” focused on Veterans issues for being an obstacle to reform rather than allies.

    Most of those Veterans groups called for Wilkie’s resignation during his final weeks in office, after a series of internal investigations found he mishandled sexual assault claims filed by a congressional staffer who was visiting the Washington, D.C. VA Medical Center.

    Source

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  • Vets’ disability benefits for tinnitus, mental health issues may change

    Vets Disab Benefits

     

    Proposed changes to the Department of Veterans Affairs disability ratings system will mean lower payouts for veterans with sleep apnea and tinnitus in the future but higher payouts for veterans facing mental health challenges like post-traumatic stress disorder and depression.

    The changes are part of a months-long review of the department’s Schedule for Rating Disabilities, which governs how VA staffers evaluate and compensate veterans with service-connected injuries.

    In a statement, Thomas Murphy, acting VA undersecretary for benefits, said the goal of the work was not to reduce or increase the number of veterans receiving disability benefits but instead to ensure that “veterans receive decisions based on the most current medical knowledge relating to their condition.”

    For veterans currently receiving those payouts, the changes will not take away any existing benefits or lower their disability rating. They could see their ratings increased based on the changes, if the new rules end up more advantageous to their health situation.

    But veterans who apply for benefits in the future will see a different set of standards applied to their cases than their older peers, and that could have significant financial ramifications for those individuals.

    Under VA rules, a disability rating of at least 10 percent can mean monthly payouts of more than $140 for a veteran. One who receives a disability rating of 100 percent — either from a single service-related condition or a combination of injuries and illnesses — can get about $3,100 a month in disability compensation.

    VA did not provide any information on how the changes will affect its budget.

    Outside critics have lamented that the current ratings system too frequently compensates veterans for conditions that are treatable and do not prevent them from maintaining a full-time job.

    But veterans advocates have said the system is still cumbersome and difficult to navigate, often forcing veterans to wait for months or years to get compensation for disabling conditions that are obvious to even those without a medical degree.

    The number of veterans receiving compensation for sleep apnea — interrupted breathing during sleep — has risen sharply in recent years, from less than 1 million individuals in fiscal 2015 to more than 1.3 million in fiscal 2019, according to the department’s inspector general.

    Under proposed changes outlined in the Federal Register on Tuesday, VA officials for the first time could offer a “0 percent evaluation” for asymptomatic sleep apnea, allowing the department to formally acknowledge a veteran’s condition without requiring any compensation if the condition is easily controlled with treatment.

    Veterans would receive ratings of 10 percent or more for sleep apnea “only when treatment is either ineffective or the veteran is unable to use the prescribed treatment due to comorbid conditions.” Currently, veterans can receive a rating of 10 percent or more for the condition even if treatments are effective at dealing with the condition.

    Similarly, veterans diagnosed with tinnitus — a high-pitched ringing caused by damage to the ears — would face a higher bar for higher levels of disability compensation. More than 1.5 million veterans are currently receiving disability benefits for the condition.

    Officials said those changes would likely reduce the number of veterans qualifying for disability ratings of 10 percent or more, although they noted the number of veterans who have the condition entered into their case files for future reference would not change.

    In contrast, veterans dealing with mental health issues would see a lower bar for getting increased disability ratings under the changes.

    Conditions like anxiety, depression or post-traumatic stress disorder would be evaluated on how they affect veteran’s ability to perform everyday functions, with even mild impairment available for compensation.

    The proposed rules state the changes better recognize the impact of mental health on individuals’ well-being “by placing greater emphasis on a disabled veteran’s ability to function in the work setting, rather than focusing on symptoms alone.”

    Past VA studies have estimated as many as one in every eight veterans may suffer from post-traumatic stress or related mental health issues, but outside experts have said the requirements for proving impairment under the current disability ratings system remains difficult.

    VA officials do not have a planned implementation date for the ratings changes. The public has 60 days to provide feedback on the proposals before any final deadlines can be set.

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  • Vietnam Veteran says he deserves health benefits after being exposed to Agent Orange

    AO Health Benefits

     

    Fred Marshall believes his various health issues are due to his exposure to Agent Orange during the Vietnam War

    YOUNGSTOWN, Ohio (WKBN) – A Youngstown man believes he deserves benefits after being exposed to Agent Orange during the Vietnam War.

    Seventy-four-year-old Fred Marshall has been dealing with Veterans Affairs for nearly 10 years. After first applying, then being denied, he will finally get a hearing on March 2.

    He believes his Parkinson’s disease, type 2 diabetes, hearing loss, hypertension and heart issues are all because of his exposure to Agent Orange. He has also had two heart attacks.

    “They sprayed the whole base. We used to stand there and watch them overhead spraying,” he said.

    Marshall spent four years as a crew chief in the Air Force, partly at air bases in Thailand, of which he has an album filled with pictures, some of himself. He also has a picture of what the airplanes looked like while spraying Agent Orange.

    “But in 1969, they found that Agent Orange was toxic to humans,” he said.

    Marshall has a binder that’s thick with papers tracking his efforts to get Agent Orange benefits.

    He first filed with Veterans Affairs nine years ago. Two years later, he was denied because of what’s known as the “perimeter rule,” where, after 1972, Agent Orange was only allowed to be sprayed around the perimeter of an area.

    Marshall says in the case of Veterans who served in Thailand, except for those in security, the VA grandfathered the perimeter rule back to 1964.

    “Which is illegal, but they’re doing it,” he said.

    He even wrote a letter to former President Donald Trump and his wife, which the VA acknowledged in a response. He thinks it was the letter to the former president that finally got him a hearing.

    “There are thousands of Veterans that they have turned down because of this perimeter rule. I would like to get this overturned for the benefit of all the Veterans that have been denied,” he said.

    Marshall says seven years ago, government doctors in Cleveland decided his health issues were caused by his exposure to Agent Orange. He has nine of the 11 health issues associated with Agent Orange exposure.

    He claims the VA owes him $250,000 in back benefits and then should pay him $2,000 a month, along with free health care.

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  • Warrior Care means more than expert medical treatment

    Warrior Care

     

    Service members who become wounded, ill, or injured can count on the Military Health System's unparalleled medical care. But that's only one aspect of their journey from recovery to rehabilitation and reintegration. Recovery care coordinators help align medical and nonmedical care, enabling service members and their families to utilize all the assistance available to them as they embrace their new normal.

    "A lot of us just want to give back," said retired Navy Chief Petty Officer Joshua Arnold, a recovery care coordinator at Naval Support Activity, Bethesda in Maryland.

    "We've seen friends, comrades in arms go through difficult periods after becoming ill or injured," Arnold said. "So there's always motivation to come to work and do the very best you can do, for as long as you can."

    Recovery care coordinators, or RCCs, are embedded at MTFs and installations across the country. They work within the Army Recovery Care Program, Navy Wounded Warrior, Air Force Wounded Warrior Program, Marine Corps Wounded Warrior Regiment, and Special Operations Command Warrior Care Program.

    Service members, families, and caregivers may be referred to the program by medical or administrative personnel, family members and even friends, said Jonathan Morris, program manager. They also can self-refer.

    After enrolling in the program, RCCs work with individuals in coordination with their family members and medical providers. The RCC creates a plan by identifying each person's needs and goals, and the resources needed to achieve those. That might include assistive technology, education, housing, and employment.

    "Communication is a big part of our job," said Patrick Figueroa, an RCC at Walter Reed National Military Medical Center in Bethesda.

    "We communicate with the service member's medical providers. We communicate with their chain of command, and with their nonmedical care managers," said Figueroa, a former Navy Fleet Marine Force corpsman.

    "And we communicate with their families, to make sure they know what's going on and are getting all of the services and benefits available to them," he said. "A lot of times we're able to shed light on something and say, 'That issue over there might not be getting resolved because of this issue over here.'"

    The work can be emotionally exhausting but also rewarding. "One of the coolest things is when a family member says, 'Thank you so much for everything you've done' for their son or daughter or spouse," Figueroa said.

    The population of service members using RCCs also includes those with invisible wounds, such as a traumatic brain injury. Figueroa recalls one case with a particularly gratifying outcome.

    "A service member came into the program with combat-related post-traumatic stress disorder and was reluctant to do anything," Figueroa recalled. "But baby step by baby step, we were able to gain his trust and build a plan with him."

    Within two years, Figueroa said, the service member medically retired and successfully transitioned into a high-paying career in the private sector.

    Morris notes that service members might incur an illness or injury at any time while on active duty. Some will recover and return to full and restricted duty. Others will transition from the military to civilian status. And some may not survive.

    "We see a lot of illness and with that, the abrupt impact it can have on family members," Arnold said. "But there's a lot of good in a service member comforted by knowing that after they're gone, their family is going to be OK."

    Sandra Mason is director of the DHA's Recovery Care Coordination Program. "I've been doing this for 11 years," she said. "It's always reassuring to know that the service the RCCs provide is attentive, accurate, and beneficial. Wounded, injured, and ill service members can count on us to make their lives a little easier."

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  • Website Changes, Additions & Updates

    Website Updates 003 

  • What You Need to Know About VA Dependent Benefits

    Dependent Benefits

     

    It is very important for Veterans to know about all of the benefits that they may be eligible for. Today, we will discuss benefits for a Veteran’s dependents offered by the VA. There are monthly dependent benefits, educational benefits, and even medical benefits that may be available to eligible Veterans.

    Who Qualifies As a Dependent?

    Eligible Veterans can add their dependents to their monthly disability compensation. An eligible Veteran is one who is already eligible for VA disability compensation and must have a combined disability rating of at least 30 percent. This monthly benefit will increase a Veteran’s monthly disability compensation. For VA purposes, a dependent is defined as a family member who relies on the Veteran financially and meets certain criteria. Examples of a dependent for VA purposes are as follows:

    • A Veteran’s spouse
    • Any unmarried children who are under the age of 18; or are between the age of 18 and 23 and are attending school full-time; or were disabled prior to age 18. These dependent children also include stepchildren, adopted children, and biological children.
    • A Veteran’s parents who are financially dependent upon the Veteran. This benefit is based on need and the parental relationship must first be established in order to qualify.

    How Do I Add Dependents to My VA Claim?

    To add a dependent to a Veteran’s claim, the correct forms must be filed. A VA Form 21-686c, Declaration of Status of Dependents is used to add a child under the age of 18 or a spouse. To add a child who is attending school full-time between the ages of 18 and 23, a VA Form 21-574, Request for Approval of School Attendance must be filed with the VA. In order to add eligible dependent parents to a Veteran’s monthly disability compensation a VA Form 21P-509, Statement of Dependency of Parents should be submitted to the VA.

    Another dependent benefit is the Dependent Educational Assistance Program (DEA). This program is apart of the GI Bill and it offers education and training to eligible survivors and dependents of Veterans. In order to be eligible, the Veteran must first be permanently and totally disabled due to a service-connected disability or the Veteran died on active duty as a result of a service-connected disability. This benefit may be used for degree and certificate programs, apprenticeship, and on-the-job training. For a complete list of eligibility requirements and more information, click here.

    Healthcare Benefits for Veteran’s Dependents

    There are also a number of health care benefits that are available to a Veteran’s dependents. Spouses, surviving spouses, and children of a disabled Veteran may be eligible for the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA). This program offers to cover the cost of some health care services and supplies. In order to be eligible, one of the following must be true:

    • The spouse of a child of a Veteran who has been rated permanently and totally disabled for a service-connected disability, or
    • The surviving spouse or child of a Veteran who died from a service-connected disability, or
    • The surviving spouse or child of a Veteran who was at the time of death rated permanently and totally disabled from a service-connected disability, or
    • The surviving spouse of or child of a service member who died in the line of duty, not due to misconduct

    To find out more and how to apply for this benefit, click here.

    There are many different benefits and programs available to disabled Veterans and their dependents. Our Veterans are our top priority and we believe that Veterans and their families should know about all of the benefits available to them.

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  • Why Are US Air Force Pilots Coming Down with Cancer?

    USAF Pilots Cancer 

    You have your dream job. You’re a fighter pilot – the king of the skies. But after you serve your country in one of the most dangerous jobs, you come down with cancer, a problem afflicting many former fighter pilots in the U.S. Air Force.

    According to a recent study, if you are a fighter pilot or a certain member of the crew, you have a 29 percent chance of getting testicular cancer and you have a 25 percent increased chance of getting diagnosed with skin or prostate cancer.

    Which Pilots Are Getting Cancer?

    The 2021 study, “Cancer Incidence and Mortality Among Fighter Aviators,” revealed numbers that are startling. Social scientists affiliated with the Air Force Research Lab looked at fighter pilots and their weapons systems officers – an experimental group called “fighter aviators.” The sample was taken from fighter aviators who had at least 100 flight hours in a fighter plane from 1970 to 2004. So, this included the end of the Vietnam War, Operation Desert Storm, and the beginning of the Second Gulf War.

    The sample had nearly 35,000 fighter aviators. The scientists compared their cancer rates to a control group of 316,262 officers who did not fly warplanes during that time period. Thousands of fighter aviators were diagnosed with cancer. The rates were shocking. Fighter pilots are 29 percent more likely to be diagnosed with testicular cancer; 24 percent more likely to be diagnosed with skin cancer; and 23 percent more likely to have prostate cancer compared to their peers.

    The study also made a comparison with the fighter aviator sample and the general U.S. population. The Veterans are again more likely to get cancer. Fighter aviators were 13 percent more likely to get non-Hodgkin lymphoma, 25 percent more likely to be diagnosed with melanoma, and 19 percent more likely to get prostate cancer compared to the general population.

    Policy Makers Want Answers

    Senators such as Dianne Feinstein are getting involved and want to do studies across the service branches to learn more about Veterans with cancer. She already added authorization language in last year’s National Defense Authorization Act that will have the Defense Health Agency investigate other members of flight crews who are coming down with cancer. Defense Secretary Lloyd Austin wants a study to look at causes of the cancer among Air Force fighter pilots.

    If You Are Fighter Pilot Get Screened Early

    It’s not clear what is causing this outbreak. It could be radiation from the radar, jet fuel, solvents, or exposure to other chemicals. My brother-in-law served in the Air Force as an avionics technician for the F-16 and the F-117 during the 2000s. He was routinely exposed to jet fuel and other chemicals on the flight line. He was diagnosed with colon cancer at 38 and the U.S. Department of Veterans Affairs determined that his cancer was service-connected. After emergency surgery and aggressive chemotherapy, he is currently in remission.

    Some aviators are calling for the Air Force to screen for cancer on pilots beginning at the age of 30. The Secretary of Defense should call louder for that study on the causes of cancer to be carried out promptly. No pilot should have to fight this alone if it is indeed service-connected. We owe much to our warriors in the sky and we should do anything possible to keep them from being afflicted with this horrible disease.

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  • Why Is the VA Reexamining My Disability?

    VA Reexamining

     

    Reexaminations- What, When, Why, How

    You have been awarded service-connected compensation for your disability. But the VA wants to reexamine you. Why? What does this mean? What do you do? This situation often causes concern for Veterans, leaving them wondering why are they being reexamined and what does this mean for their benefits.

    Why and When Are Reexaminations Required by VA?

    There are certain circumstances in which the VA may require a Veteran who is already receiving service-connected compensation benefits to be reexamined by a VA physician:

    • When they need to verify the continued existence of a disability
    • When they need to verify the current severity of a disability
    • When there is evidence to indicate a change in the disability since the last examination
    • When the disability is likely to improve
    • When the VA has the duty to assist the Veteran in developing the claim

    After the VA awards benefits for a disability, they usually schedule a future exam if they believe that a future exam will be needed to establish that the Veteran is still entitled to that award. The reexamination is scheduled so that the VA can assign an evaluation that accurately reflects the Veteran’s level of disability. After the RO reviews the exam report, the rating could be increased, reduced, or continued at the same level. Once they determine a future examination is needed, the exam will usually be scheduled five years from the date of the rating decision.

    How Do I Avoid Being Scheduled for a Future VA Exam?

    The VA will generally not schedule a reexamination if:

    • The disability is static
    • Symptoms have persisted without material improvement for five or more years
    • The disability is a disease that is permanent and not likely to improve
    • The Veteran is over 55 years old
    • The rating is a minimum rating, or
    • The combined disability evaluation would not be affected even if a future exam resulted in a reduced evaluation

    What Happens if I Don’t Show Up to My VA Reexamination?

    If you fail to report for a reexamination without good cause or attempting to reschedule, they may have your benefits reduced or discontinued. If you fail to report for the reexamination, the VA is required to send you a predetermination notice. That notice will let you know that you have 60 days to notify the VA that you are willing to report for the scheduled examination or present evidence that the disability should not be discontinued or reduced. If you do not notify the VA, your benefits will be reduced or canceled. If the VA scheduled an examination for a Veteran’s claim for increase and the Veteran doesn’t attend without good cause, then the VA may deny the claim without having to consider any evidence that shows a higher evaluation.

    If, however, you are not notified beforehand of the reexamination, and the VA takes adverse action against you, then the VA has committed an error and you should not be held responsible for not showing up.

    What Happens if I Can’t Show up?

    When the VA schedules a reexamination, you must report for the examination. But if you have good cause for not reporting for the exam, the VA will reschedule the examination. If you have a reasonable excuse for failure to report for a scheduled exam, you should notify the VA as soon as possible. They will determine if your reason is good cause on a case by case basis. If you are found to have good cause, the VA will take no action against you. If the VA finds you failed to report for the examination without good cause and you agree to report for a second examination but then don’t report, the VA can take immediate action and reduce or discontinue your benefits. If you make no effort to explain to the VA why you didn’t report for the exam, the VA will promptly reduce or terminate your benefits.

    Keep in mind that a doctor-patient relationship does not exist in these examinations. While your own doctor may be sympathetic to you, these doctors will likely not be. They are not treating you; they are reviewing the extent of your disabilities.

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  • Why You Should Get a Veterans Designation on Your Driver's License

    Vet Drivers License

     

    Most states offer a free Veteran's designation on their driver's licenses, and if you want to get your full benefits as a Veteran, you will want to make sure you get yours.

    Having your driver's license updated with your Veteran status ensures you easily can get special Veteran’s-only discounts and other benefits that are offered by private businesses as well as state and local governments.

    For What Kind of Discounts Are Veterans Eligible?

    You may have visited our discounts section and have seen the hundreds of discounts that businesses offer to Veterans. These discounts cover almost every type of business you can imagine: from golf courses to drugstores to theme parks. However, it can be cumbersome to carry your DD-214 with you all the time in order to get these discounts, and that really isn't something you should be doing.

    To make it easy to get these discounts, you can apply for a Veteran's ID card from the Department of Veterans Affairs, but the VA only gives this card to honorably discharged Veterans, and having to carry an extra ID card with you can be a hassle. That's why it's always good to get that Veteran's designation on your driver's license.

    Either your VA ID card or your state-issued ID or license with a Veteran designation is usually all you need to take advantage of the many discounts listed in our discounts section as well as other discounts. These "other" discounts can be extremely beneficial if you take advantage of them.

    What Other Veterans Discounts and Freebies Are Available?

    Besides the usual discounts that national retailers and other businesses offer, many local companies offer Veterans discounts. While most of these discounts are usually around 10% on goods and services, they can be worth a lot of money depending on the company. Sure, a 10% discount on breakfast isn't necessarily something that will make a big difference in your life, but if you are purchasing a big-ticket item, that discount can be a game changer.

    Buying a new refrigerator? That 10% discount can be over $200. Just found out you need a new $10,000 furnace? That 10% discount is $1,000. How about home improvement? Many contractors offer 5% or 10% discounts on construction services like siding or a new roof. Those savings can add up very quickly.

    So, all things being equal, you always should seek out the business that offers a Veterans discount if you want to save money. It never hurts to ask whether the business offers a Veterans discount when you are shopping around for services.

    Also, many states offer a ton of discounts and other benefits for Veterans that you may not be aware of, and having an easily accessible Veteran’s ID card can make it much simpler for you and your family to receive them.

    For example, most states offer Veterans some type of discount for admission to state parks or state fairs; others offer free or discounted hunting and fishing licenses. One thing you may not know is that many states offer these discounts to non-resident Veterans.

    So, if you're planning a vacation this summer, or staying in and doing some home-improvement, you may be able to save hundreds of dollars just by using your Veterans discount.

    Stay Up to Date with Military Discounts

    Want the scoop on military discounts? From travel to phones and everything in between, troops, military families and Veterans can stay on top of military discounts.

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  • You Now Need a Credit Card in Most Cases to Get Access to DoD, VA Benefits Websites

    Cynthia Anderson

     

    Andrew Langer was pretty sure his daughter was on the wrong website when she tried to apply for new credentials to access Tricare, the military health program, from her home near Fort Eustis, Virginia.

    As part of the online validation process for the Defense Department's MHS Genesis electronic health records system, Langer's daughter was told she would need to furnish the last eight digits of a credit card and undergo a "soft" credit check to gain access.

    Sensing something amiss, she called her parents.

    "I'm normally so patient with my daughter but, quite honestly, I got very impatient because I thought this was phishing.... I was like, 'Get off there. This is not right -- you don't need a credit card,'" Langer said.

    Turns out, she did, as does anyone who must enroll in MHS Genesis or wants a new DoD credential, known as a DS Logon, to access the military pay system or their medical records.

    It appears that the new requirement went into effect DoD and Veterans Affairs-wide within the past five months. For some, like Langer, it is an unwelcome change.

    "It's a very simple yet privacy-invading way of trying to do identity verification," Langer said during an interview with Military.com. "Career civil servants tend to make these decisions without any sort of regard to the greater public policy implications -- the privacy issues, the disparate impact on folks who are struggling -- the idea that someone in their health care may know they have credit issues or are struggling financially."

    The DoD Self-Service Logon, or DS Logon, is a digital credential used by military personnel and beneficiaries to access pay records, health services and other DoD administrative applications.

    Once reserved for DoD beneficiaries only, the credential is now the standard for veterans, allowing them to check on the status of their Department of Veterans Affairs disability claims, health benefits applications, and other VA-related services.

    According to Navy Cmdr. Nicole Schwegman, a DoD spokeswoman, users who apply for a DS Logon remotely must have their identity authenticated. The soft credit check is one way to verify the user, she said.

    "The [Remote Identity Proofing] service is provided by a 3rdparty vendor and uses a variety of techniques to verify an individual's identity which involves data obtained through a soft credit check," Schwegman said in an email to Military.com. "These 'soft credit checks' do not impact a person's credit score."

    She added that DS Logon has performed soft credit checks on individuals for more than eight years, although she admitted that neither she nor any of the military personnel in her office were aware of the requirement until asked about it by Military.com.

    Users may just be noticing the new requirement as the Defense Department adopts the new Oracle Cerner MHS Genesis electronic health record system department-wide. When patients apply to access the new program, they are asked to provide a photo of their driver's license or another approved identification card and a credit card or a loan document to verify their ID.

    Schwegman said that those who object to the credit check can use a Common Access Card to obtain a DS Logon or, if they don't have a CAC, can go to a DoD ID card facility and get their identity verified in person.

    "Use of the remote identity proofing service is not a requirement for DS Logon issuance, but for some it is the most convenient option available," Schwegman said.

    Langer, who is chairman of the Institute for Regulatory Analysis and Engagement, a nonprofit organization focused on the federal regulations and the administrative state, doesn't think that DoD beneficiaries should trade privacy for convenience.

    He has written to the Defense Health Agency and reached out to two members of Congress to get answers on the new requirement, trying to find out who made the decision, why, and whether the DoD went through the proper regulatory process to enact it.

    "I find no reference to it anywhere," Langer said. "I've gone down the rabbit hole trying to figure out who is responsible. … My suspicion is that the justification they will lay out is because they are trying to do this across platforms for DoD dependents, VA, DoD employees. I guess they are trying to standardize it. It still doesn't justify why."

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  • Young and Dying: Veterans Are Getting Brain Cancer and Struggling to Get Benefits

    Young and Dying

     

    This investigation is a collaboration between Military.com and Public Health Watch.

    The mesh cap that Noah Feehan wore nearly all day, every day, contained 18 terminals that delivered electrical pulses to his brain and the deadly tumor growing inside it.

    Diagnosed with a form of cancer called glioblastoma in December 2020, Feehan, a 38-year-old Minnesota Air National Guard master sergeant, had vowed to do whatever it took to battle his illness even if it meant that, in addition to radiation and chemotherapy, he would wear the device 18 hours a day, sometimes enduring shocks so painful they forced him to his knees.

    But the treatment triggered more than momentary pain. He stopped eating -- and smiling.

    At a baseball game last summer, Noah’s wife of 13 years leaned in and asked him whether he wanted to take off the cap permanently, even if it meant abandoning an experimental weapon on which the family’s hopes rested.

    "He goes, 'Can I?'" Jenny Feehan said. “I said, ‘Of course, you can.' I never saw him happier. It was like a light switch went on."

    No one knows for certain why Feehan, who serves as an avionics technician, developed a rare brain cancer with an average life expectancy of 12 to 18 months that usually afflicts those in their 60s or older.

    But he and other service members have their theories, after spending years working around electronics and jet fuel, operating in places contaminated by depleted uranium and pollutants, and living alongside belching pits full of burning trash.

    "We're all assuming it's the burn pits," said Noah Feehan, who deployed to both Iraq and Afghanistan. "It was disgusting what they threw in there. Tires, jet fuel, body parts, plastics."

    While traumatic brain injuries and post-traumatic stress disorder have been called the "signature wounds" of the Iraq and Afghanistan wars, affecting nearly half a million troops, thousands of Veterans also have been diagnosed with diseases possibly connected to environmental hazards and toxic waste.

    Hundreds, like Feehan, are fighting or have succumbed to glioblastoma, the most common form of brain cancer, striking roughly 12,000 Americans each year.

    The few studies done on military personnel and Veterans to determine whether they have been getting glioblastoma at higher rates than the general population have been inconclusive.

    But glioblastoma is the third most common cause of cancer-related death in the active-duty population, behind colon cancer and leukemia.

    And among post-9/11 Veterans who deployed to Iraq, Afghanistan and elsewhere, glioblastoma occurs at a rate 26% higher than that found in the general population, according to calculations based on Department of Veterans Affairs and National Institutes of Health data.

    Most of the stricken Veterans and their families believe their illnesses were caused by military environmental exposures. Yet 42% of the 2,126 post-9/11 Veterans who have developed brain cancer have been denied access to health care and disability compensation by the VA. The VA doesn’t single out glioblastoma, which accounts for about 80% of all metastatic brain tumors, for claims purposes.

    For Veterans and family members dealing with the emotional and physical toll of battling brain cancer, the added burden of quarreling with the VA over benefits can be too much.

    "We spent the first year fighting the disease and the second year fighting VA," said Amy Antioho, widow of former Army Capt. Peter Antioho, a West Point graduate who died of glioblastoma on Sept. 27, 2020. "It should not be this way."

    Antioho spends her days working on a farm and caring for the couple's five-year-old son, Mark, who has come to know his father through notes from friends and family recollections.

    She tries to focus on the memories before cancer, but Peter's last days, spent in hospice, loom large. She had to shelter him from nurses who kept telling him he would eventually get better and go home. She remembers lying next to Peter, listening to the soundtrack of “Les Miserables,” holding him just as Marius cradles a dying Eponine. She relives the moment she gave him permission to go, trying to free him from the responsibility of caring for his family.

    She misses her handsome soldier.

    "I just remember him saying the burn pit was going to kill him someday," Antioho said.

    A Military Connection?

    According to the NIH, the rate of glioblastoma in the general population, when accounting for age, is roughly 3.2 cases per 100,000 people, with the median age of onset at 64.

    But according to the VA, among post-9/11 Veterans who deployed and have VA health care, the rate of brain cancer – mostly glioblastomas -- averaged 5.2 cases per 100,000 per year from 2015 to 2019 in a population in which nearly half are ages 30 to 39.

    The rates among Vietnam and Persian Gulf Vets are elevated as well – 6.2 per 100,000 per year between 2015 and 2019, according to the department.

    The VA automatically grants benefits to service members diagnosed with brain cancer on active duty and to any Veteran who worked with radiation while serving, or if they develop the disease within a year of discharge.

    All others must file a disability compensation claim. Since 2002, more than 10,000 Veterans with brain cancer or surviving family members of Veterans from the Vietnam, Persian Gulf and post-9/11 eras have had varying degrees of success.

    The VA told Military.com and Public Health Watch on Nov. 5 that the claims approval rate was just 16.7% for post-9/11 Veterans with brain cancer, while it was over 70% and 80%, respectively, for Vietnam and Persian Gulf War era Veterans.

    When reached for comment about this investigation days before publication, the VA revised the data, indicating that the approval rate for post-9/11 Veterans was much higher, 58%, but was much lower, 31%, for Persian Gulf War-era Vets.

    Officials said the 16.7% approval rate for post-9/11 Veterans was determined using a “dated system.” By utilizing a new algorithm that more accurately sorted the Veterans into their period of service the approval rates rose for post-9/11 Veterans and dropped for Persian Gulf-era Vets.

    “Because they used the wrong method, they were missing some Gulf War Veterans completely, and then hadn't appropriately segmented them into Gulf War One and post 9/11,” explained Ken Smith, acting executive director of the Office of Performance Analysis and Integrity at the Veterans Benefits Administration. “This is the correct way of doing it.”

    Regardless of classification, just about half of Veterans who served since August 1990 and developed brain cancer have had their claims denied. This, say Veterans’ advocates, is unacceptable.

    "People are dying, and to deny them the right to health care, to deny [compensation] to their survivors who are spending their last minutes with their loved ones, it's criminal and insulting," said Rosie Torres, co-founder of Burn Pits 360, a nonprofit in Robstown, Texas, that supports Veterans who believe they were sickened by environmental exposures.

    There is some hope this year that the path could get easier. The VA announced in November that it is reviewing whether some cancers and a rare lung disorder should be fast-tracked for disability benefits.

    The department has not published a complete list of the cancers under consideration. But Veterans with glioblastoma and families of those who died from the disease believe it should be. They note that the commander-in-chief's son, former Army National Guard Maj. Beau Biden, died of glioblastoma in 2015.

    Biden had deployed to Iraq in 2008 and worked as a civilian near a burn pit in Kosovo.

    "We know now you don't want to live underneath a smokestack where carcinogens are coming out of it," President Joe Biden told Judy Woodruff on PBS NewsHour in 2018, comparing factory pollution to burn pits.

    Dr. Anthony Szema, a New York-based pulmonologist who studies lung diseases in post-9/11 Veterans and serves as an adviser to Burn Pits 360, said he is not surprised that Iraq and Afghanistan Veterans are being diagnosed with cancer.

    Burning plastics and some types of fuel can release cancer-causing chemicals such as dioxins and benzene into the air, he said.

    "Near burn pits, Veterans inhaled carcinogens, they ingested carcinogens from the sand, they got it on their skin, absorbed it in the bloodstream," Szema said. "These cancers usually take years to develop. But [as] we saw in the World Trade Center rescue workers, EMS and firefighters, the latency was shortened. This may be the same for these Veterans."

    Army Lt. Col. Brett Theeler, chair of the neurology department at the Uniformed Services University of the Health Sciences and a neuro-oncologist, said it’s hard to draw a definitive link between battlefield exposures and brain cancer because the research is scant.

    "It's difficult, when you have a disease like glioblastoma, to try to show a link between that, a rare cancer, and exposure five, 10 or 20 years ago," Theeler said. "Those studies just don't exist in brain cancer that link it to a modern environmental exposure. Doesn't mean there isn't a link. There's just never been a study that has been able to show it."

    Studies conducted after the 1991 Persian Gulf War did find that the risk of brain cancer was higher in Veterans exposed to nerve agents or chemical weapons during that conflict.

    Army Veterans who destroyed the Khamisiyah Ammunition Storage Facility where sarin and cyclosarin agents were known to be stored, had a 72% increased risk of death from brain cancer compared with their unexposed counterparts.

    And a later study also found a higher risk of brain cancer among Veterans exposed to oil-well fire smoke during and after the same war.

    Concern over a possible cluster of brain cancers in seven airmen assigned to C-130 Hercules aircraft forced Air Force Special Operations Command to ask the Air Force School of Aerospace Medicine in 2009 to investigate whether the diagnoses were tied to one another and, possibly, the aircraft.

    While the researchers concluded the cases were simply a chance grouping, they did raise the possibility that aviation electronics and brain disease could be linked, suggesting "further analysis of radiofrequency radiation exposure in crew areas of AFSOC C-130.”

    Fighting for Benefits

    Service members, spouses and lawmakers hoping to secure benefits say the dearth of scientific evidence shouldn't be an issue given what is known about industrial toxins and exposures.

    Reflecting on personality changes in her husband she noticed during the last year of his military service, Amy Antioho believes a malignancy may have been taking root in Peter’s brain well before his diagnosis.

    Peter, described by friends as a military "lifer," inexplicably abandoned plans to go into special operations and then decided to leave the Army altogether, despite having no job and a pregnant wife.

    He began taking risks and acting impulsively. And he became extremely paranoid -- a symptom for some with brain cancer.

    An early diagnosis would not have changed the outcome but would have eased the VA claims process and given the couple back some time, Amy Antioho said.

    "If somebody walks into the VA and has symptoms or already has a diagnosis of glioblastoma, it should be, 'We'll help you put a package together,' or forget the package, it should be, 'OK, here are your benefits,'" she said.

    If glioblastoma doesn't make it onto the VA's list of presumptive illnesses, Congress is working to pass legislation that would create a list of 23 diseases considered linked to military environmental exposures, paving the way for thousands of Veterans to access their benefits more easily. That list includes glioblastoma.

    The two proposals circulating in Congress, the House's Honoring Our Promise to Address Comprehensive Toxics, or PACT, bill, and the Senate's Comprehensive and Overdue Support for Troops, or COST, of War bill, carry hefty price tags – $223 billion to $282 billion over the next 10 years.

    Rep. Raul Ruiz, a California Democrat who has introduced and passed several key pieces of legislation to support Veterans affected by burn pits, said this is the cost of covering the "delayed casualties of war."

    "We have enough evidence to have a high suspicion of causation. We need to act on that suspicion," Ruiz said. "I'm an emergency medicine physician. We don't sit around scratching our head. When people are dying in front of us, we take care of the individual."

    Noah Feehan, who continues working as a full-time Guard member, will not have to endure the VA's lengthy appeals process. He received a VA disability rating of 100% in December.

    The legislation will come too late, however, for spouses such as Jenyfer Johnson, whose husband, Dean Johnson, an Air Force Veteran who worked on a flight line during Desert Shield and Desert Storm, died of glioblastoma in May 2019, 14 months after his diagnosis.

    "The VA denied his case and unless I had grounds to ask for an appeal, there was nothing else to do," Jenyfer wrote in an email. "My husband was dying, so I just dropped the case."

    The Antiohos' appeal became highly publicized after they contacted the office of Sen. Richard Blumenthal, D-Conn., for help. Amy Antioho said the process shouldn't be so complicated, involving VA claims officers, Veterans service organizations, lawmakers and sometimes lawyers.

    "I was learning as I went," Antioho said. "Give them evidence, get denied. Give them evidence, get denied. Each time I thought it would go through because I had all my ducks in a row. And again, denied."

    The Feehans, who have paid more than $10,000 to date for Noah's treatment, say they are relieved to no longer worry about medical bills since Noah got his disability rating late last year and, for now, will focus on cancer treatment and cherishing the moments they have with their sons Jack, 14; Peyton, 11; and Logan, 8.

    Jenny Feehan has been writing a blog to keep friends and family updated and memorialize these days with Noah.

    "Noah and I have changed the way we look at many things in life," she wrote on CaringBridge, a website where users post health journals. "Don't sweat the small stuff, make amends, stop holding grudges, love everyone, and always tell people how you feel. We are constantly saying 'I love you' in our house."

    Source

    {jcomments on}

  • Your 2022 Guide to Military Benefits

    2022 Military Benefits Guide

     

    Military service members and Veterans have seen major changes to their pay and benefits over the past several years.

    For the most part, it’s good news.

    Basic pay has been rising, and service members saw a 2.7% increase in 2022. Basic Allowance for Housing increased, on average, by 5.1% in 2022, up from 2021′s 2.9% increase. It was the largest BAH increase since before 2016.

    The BAH increase reflects the skyrocketing costs of housing around the country. At the same time other increasing costs nationwide, including health care costs, have affected military families in other ways, with some increases in Tricare costs and pharmacy costs.

    While the pandemic affected many services and programs offered to military families, it’s also brought home the need for using technology to amplify these services, such as more telehealth offered by the Military Health System.

    Whether it’s health care, retirement benefits, commissaries and exchanges, family support, VA loans, GI bill education benefits or the plethora of other benefits, maximizing the options available to you is essential to making the most out of your military career. These are generous benefits. You’ve earned them. Getting smart about what has changed and what has not is worth your time.

    Basic Pay — A big increase may be coming

    Service members saw a significant pay increase in January, but the 2023 pay raise could be the largest in decades.

    Basic pay is determined by rank and length of service, with automatic raises when troops meet certain time and promotion markers. In addition, each year Congress determines how much of a pay raise all troops should get.

    The figure is tied by law to the anticipated increase in private sector pay, but lawmakers in the past have approved bigger raises to help with recruitment and retention or smaller raises to save money for other military priorities.

    What’s the average military pay increase?

    The annual military pay increase takes effect in January of each year. The White House issues its target for the hike each August, either going along with the projected rise in private sector wages, known as the Employment Cost Index, or offering justification for proposing a different rate.

    Congress has the final say, however. In the past, lawmakers have overridden attempts by the White House to submit lower pay raises in an effort to save money for other priorities. The raise is usually applied across the board, although lawmakers made an exception at the height of the wars in Iraq and Afghanistan to provide more money for some mid-career service members to help with retention.

    The most junior enlisted service members make around $25,000 a year in basic pay (not including allowances, special pays and other benefits), while enlisted troops nearing retirement typically earn about $70,000 annually.

    Officer pay is significantly higher: The most junior officers clear close to $40,000 a year while senior officers nearing 20 years of service can make in excess of $170,000. That means that even a small change in the anticipated pay raise calculations can make a big difference for military families.

    For example, in past years (not in 2022) the Pentagon has backed plans for a pay raise 0.5 percent below the federal formula for the annual increases.

    If that reduction were put in place for 2023, an E-4 with three years of service would see a difference of about $160 in take-home pay over the course of a year compared to the expected level of pay boost. For a senior enlisted or junior officer, the difference is closer to $340 over 12 months.

    Outside advocates have said even though those gaps won’t cover a mortgage payment, they are the difference between being able to afford a monthly co-pay for prescriptions or having to go without. That makes even small increases or trims a major issue in the military community.

    Since the start of the all-volunteer military force in 1973, Congress has authorized a pay raise of at least 1 percent for troops every year, even during budget cycles where other civilian wages held steady. Since 2018, those increases have been 2.5 percent or more.

    The 2022 and 2023 troop pay raise

    The 2.7 percent pay raise troops received in January 2022 was just slightly below the 3.0 percent raise they got in 2021. That increase matched the federal formula based on the annual Employment Cost Index calculation.

    For junior enlisted troops, the raise means about $800 more in take-home pay this year. For senior enlisted and junior officers, it’s about $1,400 more. An O-4 with 12 years service will see about $2,600 more over 2021 pay levels.

    Discussions on the fiscal 2023 pay raise have not yet begun on Capitol Hill, but are expected to commence in March. The ECI formula calls for a 4.6 percent pay raise in 2023, significantly above this year’s raise. If that figure is approved, it will be the largest pay boost for military members in 20 years.

    Congress is expected to debate the pay raise level along with the rest of the defense budget over the next few months. Typically, the full budget plan is not approved until winter, even though the next fiscal year begins Oct. 1. However, during election years (like this one), Congress sometimes completes the work earlier to avoid post-election conflicts with outgoing members.

    Basic Allowance for Housing climbs sharply

    This year, the Basic Allowance for Housing saw the largest increase since before 2016. It increased, on average, by 5.1%.

    That percentage is an average across the board, and Defense Department data showed that nearly half of the 300 military housing areas in the U.S. saw increases of more than the 5.1%.

    Generally, rates for BAH are adjusted once a year, and take effect Jan. 1. But the surging housing costs in 2021 caused DoD to move quickly to ease the financial burden for service members, by authorizing a temporary BAH increase in 56 military housing areas. The service members were eligible from Oct. 1 through Dec. 31, 2021. Troops were required to apply for the extra money, and it’s retroactive. Those temporary increases ended when the new 2022 rates took effect. But troops can still apply for the past allowance to which they were entitled.

    This tax-free benefit is set at a level intended to cover 95 percent of the anticipated housing costs for each assigned duty post in the U.S. Individual service members are now expected to pay the remaining 5 percent of housing costs with out-of-pocket cash.

    Are off-base troops eligible for BAH?

    Basic Allowance for Housing provides service members not living on base or in government-provided housing a cash supplement to be able to rent housing at local market rates. The amount paid to a service member depends on rank, whether or not they have dependents, and where they are based.

    Who’s eligible for BAH?

    Any active-duty service member stationed in the 50 U.S. states who is not provided with government-owned housing is eligible. Those living in privatized housing — owned and operated by civilian companies for the military — generally pay their BAH each month to the housing company. Those stationed in U.S. territories, possessions or overseas who are not provided government housing are eligible for an Overseas Housing Allowance, which is calculated under a separate formula.

    BAH is non-taxable, and unlike the Overseas Housing Allowance, if a service member can find housing in the civilian community below the BAH rate for their assigned location, they are able to pocket the difference, because what service members actually spend is not used to calculate BAH. (In Overseas Housing Allowance, however, it’s “use it or lose it.” Service members lose whatever portion of OHA they do not spend.)

    How BAH is calculated

    DoD calculates median rental costs for 300 military housing areas, including Alaska and Hawaii. The calculations are based on the rental costs for a 1 or 2 bedroom apartment, a 2 or 3 bedroom townhome, and a 3 or 4 bedroom single family home, and then set against specific enlisted and officer ranks for a service member with dependents and service members without dependents.

    Based on rank and the local real estate market, monthly BAH varies widely. For example, an E-1 without dependents at Twentynine Palms Marine Corps Base, Calif., receives $1,146 a month . An O4 with dependents stationed there gets $2,274. An O6 with dependents stationed at Fort Sill, Okla., gets $1,926 a month, according to DoD.

    Check your rates For details of locations across the country, you can use the Defense Department’s official BAH calculator.

    What if BAH for my area is cut while I live there?

    Service members are protected from falling rates under a rate protection policy that maintains their current rate for as long as they remain at their location, regardless of whether the official rates drop. However, they will receive the new, lower rate if they are demoted or if their dependency status changes, in which case they’d receive the current rate for their new status.

    If rates rise in a location, all service members receive the higher rates regardless of when they arrived. Two rates are set for each location by a survey of rental costs: The with-dependents rate goes to personnel with at least one dependent, whether that be a spouse or a child, and does not increase for additional family members.

    What if my spouse and I are both in the military?

    If there are no children, both spouses get the without-dependents rate. If the couple has children, one spouse receives the with-dependent BAH rate, while the other gets the single-rate BAH.

    Military Retirement Pay — know your options

    All service members entering the military are automatically enrolled in the Blended Retirement System, or BRS. Only those with service prior to 2018 remain in the legacy, all-or-nothing 20-year pension plan.

    The BRS combines traditional monthly retirement checks of the legacy system with some new features that allow military members to take some government benefits with them even if they don’t serve up to the 20-year mark to qualify for a retirement pension. Historically, only 19% of active duty service members and 14% of Guard and reserve members in the legacy system served long enough to get retirement benefits.

    In 2018, more than 400,000 eligible service members opted into the new BRS, out of the 1.6 million active duty and reserve troops who were eligible to make a choice between the legacy system and the new system.

    Whether you opted in or are part of the new crop of service members automatically enrolled in the BRS, you need to pay attention to the key elements of the system, because it’s a critical part of your retirement planning and financial future.

    How the Blended Retirement System works

    Under the BRS, you’ll get the traditional monthly retirement pay for life if you serve for 20 years or more and earn a full retirement from the military, but it’s 20% less than what it is under the legacy system.

    If you retire from active duty with 20 years of service under BRS, you’ll receive 40% of the average of your highest 36 months of active duty pay as your retirement pay, and that percentage increases by 2% for each additional year of service. The retirement pay has an annual cost of living adjustment. (The legacy benefit provided 50% of your highest 36 months of pay.)

    How the DoD’s Thrift Savings Plan works

    The Thrift Savings Plan, or TSP, is like a private-sector 401(k) retirement plan savings account. The TSP has been available to service members for years, but there was no government match until now. The money you contribute to your TSP is always yours. You own the DoD contributions after you serve at least two years.

    Here’s how it works: After you have served for 60 days, a TSP account will be created, and automatic deductions of 3% of your basic pay start going to your TSP. (You can change that amount, but by law you will automatically be reenrolled at 3% each year.) DoD kicks in 1% automatically but will contribute up to an additional 4% of base pay to match your contributions.

    So, if you put in 5% of your base pay to your TSP, DoD also puts in 5%. Making your 5% contribution to your TSP is key to getting the maximum benefit out of BRS.

    While service members should contribute at least 5% of their basic pay to get the full DoD match — and not leave money on the table — everyone can contribute more, up to a limit of $20,500 in 2022. For those with civilian retirement accounts such as a 401(k) as well as a TSP, the contribution limits apply to the combined amounts.

    What’s continuation pay and when is it paid?

    The services will make a one-time payout of continuation pay when the service member reaches 12 years of service. To receive that continuation pay, which is similar to a retention bonus, you must commit to serve an additional four years.

    In 2022, active duty members get 2.5 times their monthly basic pay as of the first day of their 12th year of service. Reserve and Guard members get 0.5 times their monthly pay — except for those in the Army Reserve and Guard, who get 4 times their monthly pay. It’s the prerogative of the services to adjust that multiplier to meet their needs, such as retention. Continuation pay is taxable, but you can also contribute all or part of it to your TSP. You can receive it in a lump sum or, to help reduce your taxes, you can opt to receive continuation pay in four equal installments over four years.

    Lump sum retirement pay option

    When you retire under BRS, you can request an up-front, lump-sum payment of part of the retirement pay you’d receive before you reach full Social Security retirement age, which for most people is age 67. You can opt to receive either 25% or 50% of its “discounted present value.” That means the amount is cut by a discount rate published yearly. For 2022, it’s a 6.54% reduction.

    If you take the lump sum, the retirement checks are reduced by either 25% or 50%, depending on the percentage you received, until you reach age 67. At that point, your retirement check returns to its full amount. The lump sum is taxable; retirees can choose to receive the money in up to four installments over four years to reduce the tax burden.

    Tip: To get the most out of your BRS benefit, make sure you’re contributing at least 5% to your Thrift Savings Plan account, to get the matching DoD contribution of up to 5%. Why turn down free money?

    Tricare changes: What you need to know

    The Tricare health care program is one of the most important benefits for almost 9.6 million beneficiaries.

    In 2022, Tricare beneficiaries added their health care costs to the list of costs that were increasing in the current economic environment. Generally speaking, if a Tricare beneficiary paid out-of-pocket for Tricare before, those costs went up. Active duty service members don’t have any out-of-pocket costs.

    Pharmacy costs also increased for 2022, with co-payment increases ranging from $1 to $8. The increase doesn’t affect active-duty service members, who pay nothing for their covered medications through military pharmacies, retail network pharmacies and through the home delivery benefit. The military pharmacy is still the lowest cost option for all military beneficiaries, because there’s no cost for covered generic and brand-name drugs at these pharmacies.

    There were also changes to the Tricare retail pharmacy network in December, 2021. CVS returned to the network. Walmart, Sam’s Club and some community pharmacies left the retail pharmacy network. CVS has nearly 10,000 pharmacy locations, including many inside Target stores. The Tricare retail pharmacy network has more than 59,000 pharmacies.

    The Tricare health program has also temporarily expanded the telehealth program during the national health emergency declared because of the pandemic, to make it easier for military beneficiaries to get care. Tricare covers telehealth visits by telephone, and eliminates patient co-pays and cost shares for telehealth options.

    For several years before the pandemic, Tricare has covered the use of secure video conferencing to provide medically necessary services, allowing patients to connect with a provider using a computer or smartphone. Tricare has also expanded the medical services eligible for telehealth.

    Who’s eligible for Tricare?

    Tricare offers 11 different options, with choices depending on the status of the military sponsor and the geographic location: Active-duty members; military retirees; National Guard and Reserve members; family members (spouses and children registered in the Defense Enrollment Eligibility Reporting System) and certain others, including some former military spouses and survivors, as well as Medal of Honor recipients and their immediate families.

    Those entering the military on or after Jan. 1, or changing status (i.e., from active duty to retired) should make sure they and their eligible family members are enrolled in the Tricare program of their choice. Those who don’t enroll may only receive care at a military clinic or hospital on a space-available basis, and medical care by civilian providers wouldn’t be covered. The one-month open season begins on the Monday of the second full week in November and goes through the Monday of the second full week in December. During that time, you can enroll in a new Tricare Prime or Tricare Select plan; or change your enrollment. If you’re satisfied with your current Tricare health plan you don’t have to take action to stay enrolled.

    The law overhauling Tricare included the strict limitation on switching between Tricare plans. Beneficiaries can’t switch between Tricare Prime and Tricare Select until the yearly open season starting each November, unless there’s some sort of qualifying life event, such as the birth of a baby, a move to a new duty station, marriage or retirement.

    And for retirees, a new dental program, the Federal Employees Dental and Vision Insurance Program, or FEDVIP, has replaced the now-defunct Tricare Retiree Dental Program.

    What are the Tricare options?

    Tricare offers two core options: Tricare Prime and Tricare Select. Select replaced Tricare Standard and Tricare Extra in 2018. All active-duty members are required to enroll in Tricare Prime; they pay nothing out of pocket. Active-duty families can enroll in Tricare Prime without an enrollment fee. Prime beneficiaries are assigned a primary care manager, or PCM, at their local military treatment facility or, if one is not available, they can select a PCM within the Tricare Prime network. Specialty care is provided on referral by the PCM, either to specialists at a military facility or a civilian provider.

    Tricare Select is similar to a traditional fee-for-service health plan. Patients can see any authorized provider they choose but must pay a deductible and co-pays for visits. Patients pay lower out-of-pocket costs when they receive care from a provider within the Tricare network.

    All Tricare programs have a cap on how much a family pays out of pocket each fiscal year, depending on the sponsor’s status and the type of Tricare program used.

    By law, Tricare beneficiaries fall into one of two categories:

    • Group A: Sponsors who entered the military before Jan. 1, 2018, and their dependents; and
    • Group B: Sponsors who entered the military on or after Jan 1, 2018, and their dependents.

    Those in Group A and Group B have different enrollment fees and out-of-pocket costs.

    What are the Tricare plans?

    • Tricare Prime: Prime is similar to a health maintenance organization, which has lower out-of-pocket costs but requires enrollees to use network providers and coordinate care through a primary care manager — a doctor, nurse practitioner or medical team. It’s free to active-duty members. If you’re an active duty family enrolled in a Tricare Prime plan, you won’t have to pay enrollment fees, or co-payments unless you’re using the point-of-service option or filling a prescription outside of a military pharmacy. Retirees must pay an annual enrollment fee (Group A retirees pay $323 for an individual, $647 for a family in 2022). Co-payments for medical visits are lower than other programs.
    • Tricare Prime Remote: Service members who live and work more than 50 miles or an hour’s drive from the nearest military treatment facility must enroll in Tricare Prime Remote. Family members are eligible if they live with an enrolled service member in a qualifying location, or they may use Tricare Select.
    • Tricare Prime Overseas/Prime Remote Overseas: Tricare Prime Overseas is a managed-care option for active-duty members and their command-sponsored family members living in nonremote locations. They have assigned primary care managers at a military treatment facility who provide most care and referrals for and coordination of specialty care. Tricare Prime Remote Overseas is a managed care option in designated remote overseas locations, with most care from an assigned primary care manager in the local provider network, who provides referrals for specialty care. Activated National Guard and Reserve members and their families also may enroll in these options while the sponsor is on active duty; retirees and their families aren’t eligible.
    • Tricare Select: This is a preferred provider plan — authorized doctors, hospitals and other providers are paid a Tricare-allowable charge for each service performed. Costs are higher for out-of-network providers, and certain procedures require pre-authorization. There is no enrollment fee for active-duty families. By law, Group A working age retirees (those who entered the military before Jan. 1, 2018), were required to start paying monthly enrollment fees in 2021. Copays vary by status and type of care: An in-network primary care outpatient visit costs Group A retirees and their families $32 in Tricare Select for example, while Group A active-duty family members pay $24 and others — Group B active duty family members those whose sponsor entered the network on or after Jan. 1, 2018, pay $16.
    • Tricare Reserve Select: Qualified Selected Reserve members can buy Tricare coverage when they are in drilling status – not mobilized. The program offers coverage similar to Tricare Select.
    • Tricare Retired Reserve: “Gray area” National Guard and Reserve retirees who have accumulated enough service to qualify for military retirement benefits but have not reached the age at which they can begin drawing those benefits (usually age 60) can purchase this insurance, which offers coverage similar to Tricare Select.
    • Tricare for Life: This wraparound program is for retirees and family members who are eligible for Tricare and Medicare. The provider files the claims with Medicare; Medicare pays its portion and then sends the claim to the Tricare for Life claims processor. Enrollees must enroll in Medicare Part A (free for those who paid Medicare taxes while working) and Part B (monthly premium required) to receive Tricare for Life.
    • Tricare Young Adult: Unmarried dependent children who do not have private health insurance through an employer may remain in Tricare until age 26 under a parent’s coverage via TYA Select or TYA Prime. Premiums are required for both.
    • US Family Health Plan: Beneficiaries who live in one of six designated areas, can enroll in this as a Prime option. Those enrolled get all their care, including prescription drugs, from a primary care provider the beneficiary selects, from a network of private doctors affiliated with one of the not-for-profit health care systems in the plan. Beneficiaries don’t get care at military hospitals or clinics, or from Tricare network providers when enrolled in the U.S. Family Health Plan.

    Eligible dependents must be registered

    Beneficiaries must take action to enroll in a Tricare plan in order to be covered for civilian health care. Those who don’t enroll will only be able to get health care at a military clinic or hospital on a space available basis.

    To be eligible for any of the Tricare plans, beneficiaries must first be enrolled in the Defense Enrollment Eligibility Reporting System. Active-duty members are automatically registered in DEERS when they join the military, but they must register eligible dependent family members. Service members should make sure the information is correct for their family members. Only military members can add or remove family members; this is done through the local ID card office.

    Help for military spouses and children

    Military families are a microcosm of society, with many of the same needs and issues as their civilian counterparts. But layer on the frequent moves, deployments and other unique aspects of military life, and problems can be intensified with issues such as spouse employment, child care and finances.

    Bases worldwide offer families a wide variety of support services, from legal assistance and tax preparation, to child care, education and employment assistance, financial counseling, relocation assistance, youth programs, and deployment and mobilization support. The pandemic may have affected the availability of some services while at the same time, intensifying the need for these services.

    Central points of contact start with the family centers on military installations or MilitaryOneSource.mil, which offers access to additional assistance by phone or chat, 24 hours a day.

    Most of the information on Military OneSource is available to the public, but some extra services are available for free to service members and their immediate family members, survivors of deceased service members, and certain others. Retiring or separating service members (and their immediate family members) can also access these services for one year after they leave the service.

    Among those services are nonmedical counseling — available in person, by phone, secure chat or secure video session — as well as financial counseling, including tax preparation and tax filing help. Spouse employment and education services; language translation services for documents, health and wellness coaching, child/youth behavioral counseling, and family life counseling are also available.

    For decades, two of the biggest issues for military spouses have been finding employment and finding good quality, affordable child care. Here are some of the programs that address those needs:

    Military spouse employment and education

    Spouses can visit their installation’s family center for employment and education assistance. They can also visit the Spouse Education and Career Opportunities, or SECO, section at MilitaryOneSource.mil for information on scholarships and other education and employment needs. SECO offers a free, personalized benefit through certified career counselors to help spouses investigate career options, education options or entrepreneurial projects.

    Through DoD’s My Career Advancement Account program, or MyCAA, spouses of certain junior service members can receive tuition assistance of up to $4,000, with an annual cap of $2,000, to pursue licenses, certifications or associate degrees needed for employment in any career field or occupation. This benefit is available to spouses of active duty members in paygrades E-1 to E-5, W-1 and W-2, and O-1 and O-2. Under a recent provision in law, military spouses remain eligible for this financial assistance if their military sponsor is promoted beyond the eligible ranks, as long as they have an approved education and training plan in place through the program. Spouses can also search job opportunities on the Military Spouse Employment Partnership site, where hundreds of businesses that have been Vetted by the Defense Department are seeking to hire military spouses.

    More than 500 employers are MSEP partners, and as the number has grown over the last 10 years, those employers have hired over more than 200,000 military spouses.

    Many military spouses spend time and money getting new professional licenses when they move to a new state. It costs money for exams and other fees, as well as lost pay potential as they go through the process. To help with these costs, the law allows spouses to apply to their service branch for reimbursement up to $1,000, for relicensing and recertification costs each time they relocate with their service member. The Department of Labor has set up a website, based on DoD’s data about licensing, to help military spouses understand the laws of each state, and to find information about the appropriate licensing board in the states for each occupation.

    What other options are available to military spouses?

    The pandemic has shown the value of remote work in many professions, and remote work can be extremely beneficial for many spouses.

    DoD recently started two pilot programs to help military spouses increase their professional knowledge and access to remote work opportunities. Spouses have access, at no cost, to Udemy, an online education platform. Another initiative is providing access to FlexJobs, an online providing Vetted, remote job openings across the U.S.

    For more information on these initiatives, spouses should visit the Spouse Education and Career Opportunities section of MilitaryOneSource.mil.

    Officials are tracking usage of these programs to see whether they should continue.

    Child care for military families

    The Defense Department child care systems include more than 600 child development centers, school-age care facilities and a number of family child care homes at more than 230 locations worldwide. All are required to adhere to DoD regulations. These programs are nationally recognized for their quality, and programs meet strict standards for curriculum, safety and health. Fees are on a sliding scale based on total family income. Families can learn more about the child care options offered at or near their installation at the official DoD website MilitaryChildCare.com. The website gives parents more visibility over what child care slots are available at multiple installations in a given area, and allows them to register and apply for child care in advance. Families can submit unlimited requests for child care, and remain on waitlists for a preferred program even after being offered care by another program.

    Any family child care provider on an installation who offers child care for other families’ children for 10 or more hours per week must be certified through installation officials. Families can get lists of certified family child care homes at their installation’s child development program office. They can also find certified family day care homes through the MilitaryChildCare.com DoD website.

    Military families can also find high-quality, subsidized child care in their local civilian community if care is not available on base. Families must register at the MilitaryChildCare.com website for fee assistance through this program, operated through the nonprofit Child Care Aware of America. For more information, visit this site.

    What else is the DoD doing to ease the child-care burden?

    DoD and the services are looking at new ways to ease the child care shortage, such as streamlining the hiring process for child care workers. Congress has allowed a DoD pilot program that provides fee assistance for in-home child care, for example. It’s currently available in five regions, but is limited to 250 slots. MilitaryChildCare.com provides more information.

    Working military families get higher priority in child care programs under a DoD policy implemented recently. The policy also allows officials to displace children who are already in a child development program, whose parents are in a lower priority category, if the military family is expected to be on a wait list for more than 45 days after the time they need care.

    Military families also have another option to help them find hourly and on-demand child care. Through MilitaryOneSource, families will get a paid subscription to a service that lets them search for child care providers in the nationally recognized service. DoD doesn’t pay for the child care, but pays for the subscription to the service that provides connections to available child care providers.

    Want to buy a home? The VA can help.

    The Department of Veterans Affairs home loan program took shape near the end of World War II and has been used by millions of service members and Veterans since then. It’s one of the most popular benefits for Veterans. Lenders issued a record high 1.4 million VA-backed loans in 2021, with an average loan amount of $310,000. The total loan amount was more than $447 billion.

    How does the VA home loan program work?

    The VA doesn’t issue the loans, it backs the loans issued by financial institutions. The VA guarantees a percentage of an eligible beneficiaries’ home-purchase or home-refinance loan, allowing the lender to provide better, more affordable terms and often letting the borrower seal the deal without a big cash down payment.

    Who’s eligible for a loan under the VA program?

    Eligible service members and Veterans can apply, via private-sector lenders, for home-purchase loans. As of 2020, there are no VA loan limits for Veterans who have the full VA loan entitlement. For a VA-backed home loan, you’ll still need to meet your lender’s credit and income loan requirements in order to receive financing. These VA home purchase loans can be used to buy manufactured homes or homes under construction, in some cases, but not mobile homes.

    The VA loan program also offers cashout refinance loans.

    An Interest Rate Reduction Refinance Loan can reduce the rate on an existing VA-backed loan.

    What are the fees under the VA home loan program?

    VA loans come with funding fees that vary by loan type and Veteran status. Veterans using the benefit for the first time on a no-down-payment purchase loan pay a 2.3 percent fee, for example, while a Veteran making a second cash-out refinance loan would pay a 3.6 percent fee. A full fee table is available.

    Veterans receiving VA disability compensation are exempt from fees. Other loans, including joint loans, construction loans and loans to cover costs of energy-efficient repairs, also can be backed by VA. Consult your lender for information.

    What to keep in mind when enrolling

    The key step for service members and Veterans is to obtain a Certificate of Eligibility, either through the VA’s eBenefits site or via their lender, to be eligible for a VA-backed loan.

    Those seeking to refinance existing loans should read lenders’ advertising material carefully: VA and the Consumer Financial Protection Bureau issued a “warning order” against deceptive lending practices.

    Among the red flags: Aggressive sales tactics, low interest rates with unspecified terms and promises that borrowers can skip a mortgage payment as part of the new loan — a practice prohibited by VA.

    What’s the VA loan program deadline?

    VA loan eligibility does not expire, though the entitlement can only be used for the borrower’s place of residence (not a rental property). It can be reinstated after the loan is paid off or under other circumstances — another Veteran can assume the loan, for instance. Learn more Learn more from the VA here.

    Which service members qualify for the VA loan program?

    Service members whose time in uniform falls within these date ranges must have 90 days of active-duty service to qualify:

    • Sept. 16, 1940-July 25, 1947
    • June 27, 1950-Jan. 31, 1955
    • Aug. 5, 1964-May 7, 1975 (Note: For those who served in the Republic of Vietnam, this era begins Feb. 28, 1961).
    • For loan purposes, VA considers “Gulf War” service beginning Aug. 2, 1990, and continuing through the present day. Service members from that time period must have completed 24 months of continuous active-duty service to be eligible, or at least 90 days if they have the right discharge status.
    • If your time in uniform doesn’t apply to the date ranges above and you were enlisted and separated on or before Sept. 7, 1980, or if you were an officer and separated on or before Oct. 16, 1981, you need 181 continuous active-duty days to qualify. If your service came after the above date ranges, you need 24 months of time in or less if you have certain discharges.
    • Troops now on active duty become eligible after 90 days of service for as long as they remain on active duty. Reserve and National Guard members become eligible after six creditable years in service. Troops discharged for a service-connected disability are eligible regardless of service length.

    What’s new in the VA loan program?

    The federal law for VA home loans changed in 2020 to make it easier for Veterans to buy homes in areas with high real estate values, taking away the loan limit maximums previously required in certain areas of the country.

    Some Veterans have experienced difficulty in using their VA loan benefit, especially in competitive housing markets in 2021 where multiple bids are made on houses. VA officials have said that misperceptions still persist among sellers and selling agents that VA financing is less desirable than conventional loans. Some advocates have said requirements for the VA loan program are cumbersome and burdensome. VA officials say more industry education is needed.

    Those in the industry have recommended that Veterans question their realtors and their lenders about their experience and how often they’ve helped Veterans use their VA loan benefit. The National Association of Realtors is working to improve perceptions of the VA loan and make it easier for realtors to navigate the VA loan process.

    VA officials are working with advocates and Congress on potential changes to the program. Additional details of the home loan process are available here. For more eligibility details, visit VA’s eBenefits site or call 877-827-3702.

    GI Bill and Tuition Assistance

    In the past year, more students became eligible for VA’s Yellow Ribbon program and new tuition assistance caps were put in place for some service members.

    Post-9/11 GI Bill

    The Post-9/11 GI Bill is a benefit for the latest generation of service members and Veterans, as well as their eligible dependents. It includes payment of tuition and fees, a monthly housing allowance, and a stipend for textbooks and supplies.

    The amount of time you spend on active duty determines your benefit level. In general, the higher your benefit level, the less you have to pay out of pocket for school, maxing out at the 100% benefit level, which covers full in-state tuition at public universities.

    Here’s what Veterans who received an honorable discharge after Sept. 10, 2011, are eligible for based on the amount of time they’ve served:

    • 100%: 36 months or more of active duty service, or at least 30 continuous days and discharged due to service-connected disability.
    • 90%: At least 30 months, less than 36 months.
    • 80%: At least 24 months, less than 30 months.
    • 70%: At least 18 months, less than 24 months.
    • 60%: At least 6 months, less than 18 months.
    • 50%: At least 90 days, less than 6 months.
    • No benefit: Less than 90 days.

    If your service ended before Jan. 1, 2013, your Post-9/11 GI Bill benefits will expire 15 years after your last separation date from active service. If your service ended after that date, your benefit does not expire.

    What does the Post-9/11 GI Bill cover?

    You can use your benefits toward an education at a college, university, trade school, flight school or apprenticeship program.

    While the benefit covers all in-state tuition and fees at public institutions, it may not have the same reach at a private or foreign school. The maximum tuition coverage for private nonprofit, private for-profit and foreign schools for the 2020-21 school year was $25,162.14. That figure is expected to increase again in August.

    How does the Post-9/11 GI Bill housing stipend work?

    The housing stipends GI Bill users receive depend on the level of benefits they’re eligible for, how many courses they take and where they go to class.

    The rate is determined by DoD’s Basic Allowance for Housing scale and is paid at the same rate an active-duty E-5 with dependents would receive in a particular area. If you are pursuing a degree entirely online, you get half of the national BAH average.

    However, Congress passed changes to the program at the start of the coronavirus pandemic to allow students forced online by campus closures and virus mitigation efforts to receive full housing benefits. Those protections are set to last through spring 2022.

    The VA had historically based the housing allowance on the location of the main campus of a school, even if the student in question is taking classes at a different branch campus that could be many miles away. However, in 2019, the Forever GI Bill directed VA to instead base the housing allowance on the location where a student takes most of his or her classes.

    Can Post-9/11 GI Bill benefits be transferred?

    Service members may transfer their benefits to a dependent, provided they have already served in the military for at least six years and agree to serve four more after the transfer is approved by the DoD.

    The transfer must happen while you are still in uniform. Veterans who have already separated from the military are not eligible to transfer their benefits. Children are only eligible to start using the transferred benefits after the service member doing the transfer has completed at least 10 years of service. Spouses can use the transferred benefits right away.

    What’s new in the Post-9/11 GI Bill program?

    A pending court case could allow Veterans who are eligible for both the Post-9/11 GI Bill and the Montgomery GI Bill to use both benefits consecutively, essentially giving some Veterans another 12 months of education benefits. The issue is under appeal and may not be settled in time for the start of the 2022-2023 academic year.

    Active-duty troops who received a Purple Heart for combat injuries are now allowed to transfer their benefits to dependents regardless of how long they served or their ability to commit to more service.

    Starting in August 2022, active duty service members are eligible for the VA Yellow Ribbon program, which allows private schools to match VA benefits with their own tuition assistance.

    More Post-9/11 GI Bill information

    You can find more details here on the GI Bill.

    You can head here for a GI Bill Comparison Tool.

    You can apply for the Post-9/11 GI Bill online or by visiting a local VA regional office. If you’ve already chosen a school or program, arrange a meeting with the institution’s VA certifying official, who can help you get started.

    Tuition assistance for active-duty troops

    Service members have more education benefits available to them than just the GI Bill.

    While service members can begin to use their GI Bill benefits on active duty, they can often get help paying for college from their service branches — and save the GI Bill for later — by using tuition assistance.

    Here’s how tuition assistance works, and what you’ll need to know to make the most of it:

    What is military tuition assistance?

    Tuition assistance is a federal benefit that covers the cost of tuition, up to particular limits, for active-duty service members, as well as some members of the National Guard and reserves. The funds are paid directly to schools by the service branches.

    Who is eligible for military tuition assistance?

    Each service has its own requirements.

    • Air Force/Space Force: All Air Force and Space Force officers incur a service requirement if they use TA, but there is no service-length requirement to begin using the benefit.
    • Navy: Enlisted sailors and officers, including Naval Reservists, must have a minimum of two years of military service before becoming eligible to use TA.
    • Army: As of Aug. 5, 2018, there is no longer a one-year waiting period after completion of Advanced Individual Training, Basic Officer Leader Course or Warrant Officer Basic Course to receive TA. Active-duty officers incur a two-year service obligation.
    • Marine Corps: After previously having to wait 18 to 24 months to use TA, Marines now have no minimum service-length requirements for the benefit. However, they must agree to at least two more years of active duty service to use the benefit.
    • Coast Guard: Active-duty Coast Guard members must have been on long-term active-duty orders for more than 180 days to access TA. The Coast Guard also has unit-specific requirements and requires commanding officer approval.
    • Guard/Reserve: Soldiers who are activated or on drill status are eligible under the same conditions as active-duty Army personnel. Air National Guardsmen and reservists of other branches are eligible for TA if they are activated, and the use of TA often comes with a service obligation for a certain amount of time once the last course is completed.

    What are the limits?

    The Defense Department caps tuition assistance at $250 per semester hour and $4,500 per fiscal year. The Coast Guard recently set its cap for fiscal 2022 at $3,750.

    Generally, TA funds can be used to pursue a higher degree than what you have already earned, up to the master’s degree level. If you have a bachelor’s degree, you can use it to pursue a graduate degree — not an associate or second bachelor’s, though there are some exceptions. Some branches require you to create a degree plan or take a branch-specific course before your TA benefits are approved.

    Military stores try to broaden their appeal

    Two benefits that help those in the military community stretch their dollars are commissaries and exchanges.

    Commissaries are on-base stores that sell discounted groceries to authorized customers.

    Exchanges are on-base stores (with an online component) that sell a variety of items ranging from clothing and shoes to toys, furniture, home appliances and electronics. They have on-base gas stations and stores that sell alcoholic beverages.

    Over the past few years, eligibility to shop at military commissaries and exchanges have expanded to include more people in the military community.

    Who can shop at commissaries?

    Eligibility: Active duty, Guard and Reserve members, military retirees, Medal of Honor recipients, and their authorized family members. These shoppers have IDs issued by DoD. In a recent change, commissary employees can also shop, but not their family members. DoD and Coast Guard civilian employees on service agreements overseas are among the authorized shoppers, too.

    As of Jan. 1, 2020, the eligibility was expanded by law to all Veterans with service-connected disabilities, Purple Heart recipients, former prisoners of war, and primary family caregivers of eligible Veterans enrolled under the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers. Service connected disabled and other Veterans who are eligible use their Veterans health ID card, or VHIC, to gain access to the installation, and to shop. Spouses and other family members aren’t allowed to shop; however, they are allowed to come into the stores with the Veteran. They just can’t buy anything. Family caregivers who qualify for the benefit will have access to a memo at VA.gov which will be used for entry, along with a driver’s license, passport or other authorized form of ID.

    What’s new at commissaries?

    The commissary agency finished rolling out its Click2Go program to all commissaries worldwide in the fall of 2021. Customers choose their items online, select a pickup time, and at the appointed time, head to the Click2Go parking spaces where commissary employees bring their groceries to their car and finish the transaction.

    Commissary officials are also planning to test doorstep delivery this year.

    Commissaries add a 5 percent surcharge at the cash register which is generally used to pay for construction and renovation of stores, and equipment purchases. Because commissaries receive taxpayer funding each year for most operating costs, they’re able to offer groceries at generally lower prices overall than civilian stores. The law requires that overall, average commissary savings must be consistent with the baseline savings of 23.7 percent, compared with civilian grocers outside the gate.

    There are a variety of initiatives to improve convenience and savings for customers, such as the Your Everyday Savings (YES!) program. That program has dropped prices long term on hundreds of popular brand items ranging from certain brands of toilet tissue, baby food, Spam, yogurt, to cereal and other types of products.

    Commissaries also sell their own private label brands.

    Payment accepted: Cash, personal checks, travelers checks, money orders, debit cards, Military Star card, American Express, MasterCard, Visa, Temporary Assistance to Needy Families (TANF), Supplemental Nutrition Assistance Program, Women, Infants and Children (WIC), American Red Cross Disbursing Orders, commissary gift cards, and coupons.

    Sales restrictions: Most commissaries don’t sell beer or wine, although there’s a limited test selling the libations in 12 stores. Commissaries do sell tobacco in stores on Army and Air Force bases. DoD policy is that tobacco can’t be sold at a discount greater than 5 percent below the lowest competitor in the local area.

    Some commissaries overseas have restrictions, such as ration controls in South Korea in order to control black marketing of U.S. goods.

    Rules on who can use overseas commissaries are affected by status-of-forces agreements between host nations and the U.S. Situations vary by country, and individuals should check with the local U.S. military command or installation they plan to visit before they travel.

    Locations and hours: Most commissaries have evening and weekend hours. To find a store, and get information such as hours and directions, visit www.commissaries.com and click on “Store Locator.”

    Who can shop at military exchanges?

    Exchanges are the military’s version of department stores, selling discounted brand-name goods from civilian companies, as well as their own private label items. There is no sales tax.

    There are four exchange systems: The Navy Exchange Service Command, the Marine Corps Exchange system; Coast Guard Exchange system; and Army and Air Force Exchange Service, also known as The Exchange. Eligible exchange shoppers can shop online at www.shopmyexchange.com, www.mynavyexchange.com and www.shopcgx.com.

    Stores support themselves almost completely through their sales income. All profits are used to fund military Morale, Welfare and Recreation programs, and to build or renovate stores.

    Eligibility: Eligible shoppers include all ranks of active-duty, retired, National Guard and Reserve members and their families, Medal of Honor recipients, and their families, surviving spouses and former spouses. Those eligible can shop at any exchange, regardless of service affiliation.

    In 2021, Defense officials expanded exchange shopping eligibility to Department of Defense and Coast Guard civilians, who are now able to shop in military exchanges in the U.S.

    In 2020, the exchange benefit was authorized by law for all Veterans with VA service-connected disability ratings; Purple Heart recipients; Veterans who are former prisoners of war; and primary family caregivers of eligible Veterans under the VA caregiver program.

    All honorably discharged Veterans can shop online at the exchanges. The Veterans Online Shopping Benefit does not grant on-installation access, unless the Veteran falls into another category, such as having a VA service-connected disability rating.

    Employees. Exchange employees are paid from exchange revenue, not taxpayer dollars. The exchanges also seek to hire military spouses, with hiring preference programs.

    Overseas. Overseas stores offer many U.S. products that may be difficult to find otherwise. Commands often impose shopping restrictions to limit the sale of U.S. goods on the illegal market.

    Payment. Stateside and overseas exchanges accept MasterCard, Visa, American Express and Discover credit cards. Exchanges also offer their own credit plan through the joint-exchange Military STAR Card.

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