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Did you know that veterans’ survivors may continue Accrued Benefits claims with the Department of Veterans Affairs (VA)? Accrued benefits are benefits due to a beneficiary on a claim for benefits or evidence in the claim file at the date of the death, but not paid prior to death. Examples of accrued benefits include: • A claim or appeal for a benefit was pending at the time of the beneficiary’s death and all of the evidence needed for a favorable decision was in the veter...
The Department of Veterans Affairs (VA) has a Beneficiary Travel (BT) benefit. The benefit is provided to a veteran when there is a need to travel to a VA medical facility. VA is authorized to pay an eligible veteran a reimbursement for either mileage, special mode of transportation (when is has been deemed medically justified by a VA healthcare provider). Mileage driven in a private vehicle and transportation costs incurred by common carrier/public transportation (plane,...
Recently, the Blue Water Navy Vietnam Veterans Act (H.R.299) was signed into law. Last year, the House unanimously passed the bill only to have it stall in the Senate Veterans Affairs Committee. The U.S. Court of Appeals for the Federal Circuit in Washington, D.C. ruled in favor of Agent Orange/Blue Water Navy veterans in the Procopio v. Wilkie court decision in January. The Department of Justice declined to appeal the decision, so the House and Senate passed the supported...
In earlier columns, I discussed disabilities that the Department of Veterans Affairs (VA) may consider as presumptive to where and when a veteran served. However, in this edition I would like to discuss a presumptive that pertains to all service members who meet eligibility requirements. In September of 2008, the VA published regulations to add Amyotrophic Lateral Sclerosis (ALS), commonly called Lou Gehrig’s Disease, to the presumptive disability list. ALS is a neuromuscular...
Former service members might remember hearing: “Just take the General Discharge; it will automatically be upgraded to Honorable in six months.” Most veterans who tried this found out this was not a true statement. However, there is a way that you can apply for a discharge upgrade. Each branch of service maintains a discharge review board with the authority to change, correct or modify a discharge or dismissal, if it was not issued as a result of conviction from a general cou...
Recently, the Department of Veterans Affairs (VA) formalized the process to update their appeals process. This process was the result of the Veteran Appeals Improvement and Modernization Act of 2017, also known as the Appeals Modernization Act, which became law on August 23, 2017 (Pub L. 115-55). Under the initial implementation, the VA had established both option 1 and 2 below. As of February 19, Option 3 has been implemented as well. The new law: • Modernizes the current c...
When a claim is denied, it is usually because the veteran is missing one of the elements for any service-connected disability claim. If the VA denies your claim and you feel there is sufficient evidence to support the finding of a service connection, you must follow specific procedures laid out below. Some people will tell you that you just need to continue to disagree with the decision until the VA agrees with you; however, this procedure rarely, if ever, works. If you fail...
Congress established the Vet Center Program in 1979 because a significant number of Vietnam veterans had problems readjusting to civilian life. They are community based, and in some cases (including the one in Fresno), are not even located at the Veterans Affairs Medical Center (VAMC). Through the years, Vet Centers have expanded to cover veterans having served during other operations. Vet Centers provide a range of services including counseling, outreach and referral...
Upon a veteran's death, the Veterans Administration (VA) provides a United States flag honoring the veteran's military service. The flag will drape the casket or accompany the urn of a deceased veteran who (provided they were not dishonorably discharged): • Served during wartime; • Died on active duty after May 27, 1941; • Served after January 31, 1955; • Were discharged or released before June 27, 1950; • Served in the organized military forces of the Commonwealth of the Ph...
Want to speed up the processing of your claim? The VA has implemented the Fully Developed Claims (FDC) Process, which has significantly decreased the time it takes to process these claims. On average, it only takes about four months now. If you’ve been treated for a medical condition exclusively through the VA Healthcare System, regardless of discharge date, you can file your claim under the FDC process. If you received private medical care, you need to submit copies of y...
The Department of Veterans Affairs (VA) identifies four basic types of claims: Original, Reopened, New and Secondary claims. Active duty service members, veterans and survivors of deceased veterans can file an original (first) claim for disability compensation from VA any time after discharge from the military. By law, the claim must be filed using the official VA form. The reopened claim for benefits is a claim that was filed as an original but the VA did not grant a service...
Between 1962 and 1972, about 20 million gallons of herbicides were utilized in Vietnam. The primary ingredient in these defoliants was dioxin, which is now a known carcinogen. Agent Orange (AO) exposure itself is not a disability, however, it has been linked to certain disabilities. In other words, if you were exposed to AO and have any of the diseases listed below, the VA may presume it's due to your exposure. The diseases currently recognized as presumptive to exposure are:...
Do you need a copy of your official Military Service Records? Many service members don’t realize the importance of the documents provided upon separation from service, but as many members eventually find out, there may come a time when you will need it. The National Personnel Records Center (NPRC) keeps all of the official military records. Upon your separation from service, your last command will forward your military file to NPRC, which will get archived. You can request y...
Let's continue our discussion on burial benefits from the last issue. Sometimes a veteran's surviving family members ask us if there is any way to mark the grave of a deceased veteran for whom a headstone or marker is already in place in a private cemetery. You may be pleased to learn that there certainly is. A few years ago, the Department of Veterans Affairs introduced the Bronze Medallion, which can be ordered and then attached to such markers or headstones to signify that...
We've talked about service-connected disabilities and determining eligibility for compensation. The Veterans Administration (VA) evaluates the extent of the disability and determines a "percentage of disability" (which determines the amount you receive) based on several factors. Many veterans are unaware that they can request a re-evaluation for service connection from the VA. If you've completed the process of proving service connection and are seeing a doctor for treatment...
Welcome to this edition of Veterans Corner! Although you may not think about it, at some time in life, you may need emergency care. If and when that happens, the following information will be important. When you need emergency care and are unable to get to the nearest VA medical facility, just go to the nearest hospital with an emergency room. What you do next determines whether the Veterans Administration will pay your hospital bills. A medical emergency is when an injury or...
My last column covered Service Connected (SC) compensation from the Department of Veterans Affairs (VA); another benefit available is Non Service Connected (NSC) Pension. NSC Pension provides financial support to wartime veterans with limited income. The amount depends upon the income the veteran and their family members receive from other sources. Currently, the maximum VA pays for NSC benefits is $1,072 per month. This amount can change depending on other factors, including...
Welcome back to the Veterans Corner. I want to tell you about qualifications for service-connected disability benefits. Applying soon after discharge makes it much easier to prove your disability is service-connected. Generally, you must have three supporting items to claim a service-connected disability with the VA: medical evidence of a current disability; evidence of having suffered a disease or injury while on active service; and evidence linking the two. When filing,...
Hello, I'm Ken Cruickshank, Veterans Services Officer for Tulare County Health & Human Services Agency (HHSA). In this column, you can look forward to learning about why the Tulare County Veterans Services Office (CVSO) is here and how to take advantage of the services offered. You will find helpful information about CVSO and the many ways we can help veterans and their families. The purpose of the CVSO is to provide services and assistance to veterans. Because many veterans...