9-1-2020

Post 46 Service Officer:  Gene Klaus, gaklaus@msn.com, 989-284-5972   www.kypost46.org

The Covid-19 pandemic has severely limited the ability to meet with Veterans. Service Officers are no longer able to meet at the Leestown VA campus.  Area service officers are now meeting with Veterans on Fridays from 0720 to Noon at American Legion Post 8, 1230 Man O War Pl, Lexington, KY 40504.  Other times and places are available by arrangement as needed.           Dates: 9-4, 9-11, 9-18, 9-25, 10-2, 10-9. 

Tinnitus update:  Veterans receiving compensation for tinnitus (“ringing in the ears”) may also be eligible to receive compensation for chronic headaches, secondary to tinnitus.  This has been upheld by the Board of Veterans’ Appeals, Citation 1046761.

Veteran Employment:  Federal government agencies hire more Veterans than any other employer.  Approximately 32% of the 2.1 million Federal employees are Veterans. 

Denied Compensation Benefits:  What to do?  Benefits that are denied should be appealed.  A new process started in February 2019.  There are three appeal routes a Veteran can take.  1) Supplemental Claim Process should be used if there is new and relevant information to support the original claim. Ex:  New information has been obtained since the original VA review.  2) Higher Level Review is used when there is new evidence to present, but a review by a more experienced claims adjudicator is desired., and the 3) Appeal to the Board of Veterans’ Appeals is with no new evidence, or submit new evidence and have hearing before a Veterans’ Law Judge.  The first two are supposed to take 120 days and the last 12-18 months.  The Board Appeal process is taking several years, while the other two are within 3-6 months.  The VA has made great efforts to shorten appeal times.

Pensions:   A pension differs from compensation in that it is needs-based assistance.  In general, a Veteran must have served for at least 90 days, with at least one day during a wartime period.  Pensions are paid when any total disability-whether it is service connected or not, leads to the Veteran requiring financial assistance.  The amount paid is a flat amount.  The pension benefit is offset by other income dollar-for-dollar.  Note: Any Veteran over the age of 65 is presumed to be totally disabled for the pension program.  Veterans can apply for a need-based pension, a special monthly pension, or benefits because a child is severely disabled. 

Survivors can also apply for a Pension.  The same general rules with respect to the deceased Veteran apply.  Ex: A qualified surviving spouse with one dependent child can qualify for $17,589, less any actual income.   There are net worth limitations (approximately $127,000).

Incarcerated Veterans:  Veterans who are incarcerated may be eligible for benefits.  VA disability compensation payments are reduced if a Veteran is convicted of a felony and imprisoned for more than 60 days.  All disability compensation is reduced to a maximum of 10%.  Education benefits can continue.  Any pension received is discontinued on day 61 of incarceration.  All incarcerated Veterans are eligible for medical care.   

NOTE:   All or part of the compensation not paid to an incarcerated Veteran may be apportioned to the Veteran’s spouse or children, and dependent parents on the basis of individual need.  An application is required. 

Veterans may inform the VA to resume benefits within 30 or less days of their anticipated release dated.  Documentation must be provided.  In all cases the Veteran must inform the VA to resume payments.

NOTES: 

      1)   DBQ (Disability Benefits Questionnaire) were to be phased out for public use.  Congress ruled late week that

         the VA must continue to accept private DBQ forms.

    2)  VA statistics:  There are approximately 5.2M Veterans.  There are, as of 8-29-2020, 452,420 pending  

         benefit applications of which 202,207 are more than 125 days.

         Average days to complete an application is 94 days, up from 92.6 last month.

    3)    VA Covid-19 cases, as of 9-5-2020, are 53,405 cases with 3,004 deaths.

    4)    Always have a Service Officer assist with compensation applications and on appeals!  Service Officers will 

          need your DD214, any VA correspondence, and a voided check for the VA to deposit payments.

Remember that surviving spouses of a Veteran can apply for compensation if the Veteran died of a compensable disease or secondary condition.  The Veteran may or may not have been receiving compensation for the compensable condition.

7-31-20

 Post 46 Service Officer:  Gene Klaus, gaklaus@msn.com, 989-284-5972   www.kypost46.org

The Covid-19 pandemic has severely limited the ability to meet with Veterans. With reduced staffing, Post Service Officers (PSO) from this area meet with Veterans on scheduled Fridays at the Sousley Campus (Leestown Campus) of the Lexington VAMC and at American Legion Post 8, 1230 Man O War LN, Lexington.  Time: 07:00 to 11:30 VA Location: Building 28, room 15.  (Building 28 is at the far rear right of the complex.  Enter at South end of building 28 next to loading dock.  Room 15 is last door on right.)  Other times and places are available by arrangement as needed.               Dates: 7-31, 8-14, 8-21, 8-28. 

Agent Orange update:  The National Academies of Sciences - Medicine researchers recommended in November 2018 that “sufficient evidence” existed linking hypertension, bladder cancer, hypothyroidism, and Parkinson’s-like symptoms with exposure to Agent Orange.  They recommended adding these conditions to the VA’s existing list of 14 presumptive diseases associated with Agent Orange exposure.  The VA will be adding bladder cancer, hypothyroidism, and Parkinson’s-like symptoms, but not hypertension (which the VA estimates will cost $10B to $15B).  It is estimated that 83,000 Veterans will be eligible to the new benefits.

Veteran Treatment Court Coordination Act of 2019 has been passed by Congress and presented to the President on 7-28-20:  This act provides funding and technical assistance for Veteran Treatment Courts.  These courts specifically address problems that Veterans face and are similar to drug and mental health courts that provide treatment rather than punishment.  This program will be nationwide.  There are several states that have had very successful Veteran Court programs for years.  Michigan is an example of one such state.

Veteran Benefits won a major battle on 7-19-20 when a subcommittee of the House Committee on Veteran Affairs voted to continue the previous policy of a 48-hour review of VA disability decisions by service representatives before issuing a “final decision”.  This allows decision errors to be corrected “on the spot” rather than through the lengthy appeals process.  The VA had proposed to stop the review process.

Severely disabled Veterans will soon be eligible for bigger adaptive housing grants.  On 7-20-2020 Congress approved legislation that increases the amount of money awarded to severely injured Veterans to make their homes more disability friendly.  It also increases the number of times a Veteran can apply for the benefits from three to six.  Veterans may apply for grants, totally no more than $98,492, for the purchase of a home with special features.  Assistance for adaptations to Veteran’s existing residences has been increased from $12,756 to $19,733.  The bill has been sent to the President for signature.

The Veteran Benefits Banking Program (VBBP) between the VA and The Association of Military Banks of America has been launched.  This introduces Veterans and their beneficiaries to new resources and includes checking accounts for those who did not qualify in the past.  There are approximately 250,000 Veterans who now do not have checking accounts and receive benefits on a debit card.  Interested Veterans can go to www.benefits.va.gov/banking for more information.

The Solid Start Program is to support transitioning service members from service to civilian life.  The VA will attempt to contact separated service members approximately 90, 180, and 365 days post-separation.  Veterans can get more information www.benefits.va.gov/solid-start.

NOTES: 

     1) DBQ (Disability Benefits Questionnaire) were to be phased out for public use.  Congress ruled late week that the VA must continue to accept private DBQ forms.

    2)   VA statistics:  There are approximately 5.2M Veterans.  There are, as of 7-18-20, 427,872 pending benefit applications of which 191,288 are more than 125 days.  Average days to complete an application is 92.6 days.

    3)   VA Covid-19 cases, as of 8-3-20, are 40,143 with 2,146 deaths.

    Remember that surviving spouses of a Veteran can apply for compensation if the Veteran died of a compensable disease or secondary condition.  The Veteran may or may not have been receiving compensation for the compensable condition.

2-15-20

Post 46 Service Officer:  Gene Klaus, gaklaus@msn.com, 989-284-5972   www.kypost46.org

Post Service Officers (PSO) from this area meet with Veterans on scheduled Fridays at the Sousley Campus (Leestown Campus) of the Lexington VAMC.  Time: 07:00 to 11:30 Place: Building 28, room 15.  (Building 28 is at the far rear right of the complex.  Enter at South end of building 28 next to loading dock.  Room 15 is last door on right.)  Other times and places are available by arrangement as needed.

Meeting schedules for March 2020 are: 2-28, 3-6, 3-20, 3-27, 4-3.

MISSION ACT of 2018 – update:  The Mission Act became effective on June 6, 2019 and is working very well at this time.  Veterans are able to have community care much quicker than with the CHOICE Program.  The Mission Act is still a program in early implementation, with the next major change to begin in 2021 with VA infrastructure improvements.

Appeals update:  One year ago, on February 14, 2019, the Appeals Modernization Process began with the goal of reducing the time it takes to complete appeals.  That has not happened.  Administrative reviews are still taking 12-18 months to complete—as compared to a goal of 3 months.   Appeals to a Veteran Law Judge can still take from 5-7 years.  (The Kentucky American Legion Department completed 52 appeals before Veteran Law Judges in 2019.  This was a record number.)   The appeals process remains too long for WWII, Korean, and Vietnam veterans, many of whom die before the process has been completed.  (Note: A survivor can apply as a substitute claimant in order to receive back benefits that are due the deceased Veteran.)

Agent Orange update:  The National Academies of Sciences - Medicine researchers recommended in November 2018 that “sufficient evidence” existed linking hypertension, bladder cancer, hypothyroidism, and Parkinson’s-like symptoms with exposure to Agent Orange.  They recommended adding these conditions to the VA’s existing list of 14 presumptive diseases associated with Agent Orange exposure.  Successive VA Secretaries have failed to act on the recommendations, several of which were made in 2106.  The VA is conducting its own studies.  Congress has requested that the VA act quickly.

Medical Epidemic within the Veteran population:  The VA reports that approximately 25% of the VA population has type 2 diabetes.  This compares to 9.4% of the general population in the United States.  Why the difference?  There are several major factors.  The first is lifestyle choice.  More than 72% of Veterans are reported to be either overweight or obese.  This compares to 57.4% for the U.S. population.  The second major factor is the VA established link between agent orange and diabetes.  The VA reports that 32% of Vietnam Veterans receiving compensation have diabetes.

Understanding the VA Disability Ratings for Diabetes:  Veterans who served or visited the Republic of Vietnam between January 9, 1962 and May 7, 1975 and who have type 2 diabetes, are presumed to have the disease as a result of agent orange exposure during their service period and are eligible for compensation and care.

Ratings:

Level 1:  Diabetes that is manageable by restricted diet only 10%.

Level 2:  Veteran requires insulin and restricted diet OR an oral hypoglycemic agent and restricted diet. 

                20%

Level 3:   Diabetic condition requires insulin AND restricted diet AND doctor directed restricted activities 

               40%

Level 4:   Level 3 conditions and episodes that require hospitalization.  These may include diabetic complications such as peripheral neuropathy, retinopathy, hypertension, etc.  60%

Level 5:   Veterans who require insulin more than once per day or who require an insulin pump are rated at 100%.

It is important that Veterans who have diabetes get their disease and weight under control in order to avoid secondary conditions such as hypertension, renal dysfunction, retinopathy, erectile dysfunction, cardiac issues, stroke, other vascular problems, etc.  A Veteran who is receiving compensation for diabetes can also apply for compensation for the above conditions as secondary to the diabetes.

Remember that surviving spouses of a Veteran can apply for compensation if the Veteran died of a compensable disease or secondary condition.  The Veteran may or may not have been receiving compensation for the compensable condition.

1-1-20

Post 46 Service Officer:  Gene Klaus, gaklaus@msn.com, 989-284-5972, www.kypost46.org

Post Service Officers (PSO) from this area meet with Veterans on scheduled Fridays at the Sousley Campus (Leestown Campus) of the Lexington VAMC.  Time: 07:00 to 11:30 Place: Building 28, room 15.  (Building 28 is at the far rear right of the complex.  Enter at South end of building 28 next to loading dock.  Room 15 is last door on right.)  Other times and places are available by arrangement as needed.

Meeting schedules for January and February 2020 are: 1-3, 1-10, 1-31, 2-7, 2-21, 2-28.

America’s Wars ---- Living Benefits

 As of April 2017, the latest data from the VA, there are 11,377,000 Veterans of WWII, Korea, and Vietnam living, and 19,209,566 Veterans who are deceased.  There are 1,837,351 living Veterans of these eras receiving on-going benefits (120,240 WWII, 172,837 Korea, 1.54M Vietnam) or 16.15%.  There are 509,902 surviving spouses of these three era deceased Veterans who are receiving benefits, or 2.65%.

Veterans receive various on-going compensation benefits. Examples: pensions, compensation for service-connected injuries/diseases, and needs based pension for non-serviced connected injuries.  The approximate percentage of Veterans receiving compensation for service-connected vs. non-service connected is 80% to 20%.  (This could vary widely depending on data reviewed.) 

There are two major issues that these data show: (1) the low number of Veterans receiving benefits and the low number receiving compensation, and (2) the very low number of surviving spouses receiving benefits.  The VA is making an effort to increase the number of Veterans receiving care and benefits.  Their efforts are very limited in nature due to restraints that the Congress has imposed.  (Example:  No bill boards, no flyers, no media adds.)  There is no concerted effort to address surviving spouses who may be eligible for benefits and who are not receiving them.

What may a surviving spouse be eligible to receive?  The surviving spouse of a service-connected Veteran may be eligible for DIC (Dependents Indemnity Compensation), and/or a needs-based pension.   Survivors may also apply to the Dependent’s Educational Assistance Program, survivor pension (if not eligible for DIC), special survivor pension due to a mental or physical disability, home loans, and CHAMPVA benefits (health benefits if Veteran was 100%).  The needs-based pension is based on the amount of family income and defined assets, as well as the number of dependent children.  This benefit is governed by specific Federal law.

A deceased Veteran does NOT have to have been receiving VA compensation at the time of death or have received VA care for a surviving spouse to be eligible for benefits.  Example:  The surviving spouse or dependent children a Vietnam Veteran who did not receive VA compensation or care and who served in-country in Vietnam, and who died of an agent orange presumptive illness such as lung cancer, heart disease, diabetes, lymphoma, leukemia, may be eligible for benefits including compensation.

It is important that we all, as Veterans, reach out to surviving spouses of Veterans to inform them of possible benefits.   The spouse can talk to a Service Officer to determine if he/she is possibly eligible to apply for benefits/compensation.

Key forms:  DIC/Pension Form  21P-534EZ     http://www.vba.va.gov/pubs/forms/VBA-21P-534EZ-ARE.pdf

 REACH OUT TO SURVIVING SPOUSES!      

12-1-19

Post 46 Service Officer:  Gene Klaus, gaklaus@msn.com, 989-284-5972   www.kypost46.org

Post Service Officers (PSO) from this area meet with Veterans on scheduled Fridays at the Sousley Campus (Leestown Campus) of the Lexington VAMC.  Time: 07:00 to 11:30 Place: Building 28, room 15.  (Building 28 is at the far rear right of the complex.  Enter at South end of building 28 next to loading dock.  Room 15 is last door on right.)  Other times and places are available by arrangement as needed.

Meeting schedules for December 2019 and January 2020 are: 12-6, 12-13, 12-20, 1-10, 1-17, 1-24, 1-31.

MISSION Act 2018 – Summary

http://va.gov/oei/missionact 

The MISSION Act gives Veterans greater access to health care in VA facilities and in the community, expands benefits for caregivers, and improves VA’s ability to recruit and retain the best medical providers.

The MISSION Act launched on June 6, 2019.  The Veteran’s CHOICE program was ended at that time and a new Veterans Community Care Program, part of the MISSION Act, began.  Included in the MISSION Act is an Urgent Care option for non-emergent care - the treatment of minor injuries and illnesses.  Veterans call 1-833-483-8669 to verify if they are eligible for this urgent care service. Once eligibility is determined, the Veteran uses the VA provider locator on VA.gov https://www.va.gov/find-locations/ , following the prompts for location of an urgent care provider (be sure to click on the IMPORTANT NOTICE page and print pages to be given to the provider).

Veterans may also be eligible for Community Care through a provider in their local community depending on their health care needs or circumstances, and if they meet specific eligibility criteria.  The VA staff will determine eligibility and make Veteran’s appointments with local providers.

Veterans may elect Community Care if they meet one of six criteria:

1)    A Veteran needs a service the VA cannot provide.

2)    A Veteran lives in a U.S. state or territory without a full-service VAMC.

3)    A Veteran qualifies under the “grandfather” provision related to distance eligibility under the Veterans Choice Program.  The provision is the 40-mile rule.  If true under Choice, it is acceptable under the Mission Act.

4)    VA cannot provide care within designated access standards:  a) 30-minute drive time for primary care, mental health and extended care services, b) 60-minute drive time for specialty care, c) the VA cannot provide general primary or mental health care within 20 days or specialty care within 28 days of request.

5)    The Veteran and the referring clinician agree it is the best medical interest of the Veteran.

6)    VA determines that a VA medical service line is not providing care is a manner that complies with VA’s standards of care.

Family caregiver support is be expanded to include those injured in the line of duty before September 10, 2001.  This support will be phased in once the new program is certified.  This support, when expanded, may include a stipend, beneficiary travel, and other benefits.  The Caregiver Support Program website is https://www.caregiver.va.gov/ .

The last element of the MISSION ACT is infrastructure improvement.  This element will begin in 2021 and be ongoing.  It will include Veteran, as well as public input.  This will update VA facilities to improve care and to attract/retain medical personnel.

The Mission Act is very much a work-in-progress and as such will take years to implement.

Please visit the link in the title above for a more detailed presentation of the MISSION ACT.

Service Officer Tips

11-1-19

Post 46 Service Officer:  Gene Klaus, gaklaus@msn.com, 989-284-5972.

Post Service Officers (PSO) from this area meet with Veterans on scheduled Fridays at the Sousley Campus (Leestown Campus) of the Lexington VAMC.  Time: 07:00 to 11:30 Place: Building 28, room 15.  (Building 28 is at the far rear right of the complex.  Enter at South end of building 28 next to loading dock.  Room 15 is last door on right.)  Other times and places are available by arrangement as needed.

The most common Veteran needs addressed are Disability Benefits (new and appeals), benefit changes, and Surviving Spouse and Dependent Benefits (DIC).

Meeting schedules for November and December 2019 are: 11-1, 11-8, 11-22, 12-6, 12-13, 12-20.

Please email or call Gene Klaus if you have any questions.

Can all Veterans Receive Care at the VA?

There are 18.2 million U.S. military Veterans.  Approximately 9 million of these are treated in one of 170 VAMCs or their 1074 outpatient clinics.  The VA provides this care with an annual budget of approximately $220.2B.

Veterans who desire to receive healthcare at a VA facility must apply.   The application is VA Form 10-10EZ.  The application includes sections on general information, military service, and insurance information.  Additional information, such as dependent information and employment/financial data, may be required. 

 The VA evaluates applications to determine eligibility by the following criteria and/or financial information.   The following classes of Veterans are automatically accepted for care:  former POWs, Purple Heart recipients, those discharged from active duty within the past two (2) years, Medicaid recipients, Vietnam Veterans, Veterans who served in SW Asia between 8/1990 and 11/1998, and those who were stationed at Camp Lejeune USMC base between 8-1-1953 and 12-31-1987.  These categories do not have to provide financial information.  Others are required to provide financial information---sometimes referred to as a “means” test.

So, the answer to the question “Can all Veterans receive care at the VA?” is no.  Veterans in one of the groups described above can automatically receive care.  All others must complete the application with financial information.  Generally, single Veterans who have incomes of > $40,000 per year are not eligible to receive care.  However, those Veterans who are denied care can apply for a Hardship Determination, which takes into account extraordinary events occurring in the Veterans financial life.

Example:   In the past several weeks our area had a Veteran who served in many of the WWII campaigns apply.  He was not wounded and did not receive a Purple Heart.  His retirement income exceeded the maximum for those not in one of the described accepted groups.   However, he had extraordinary non-reimbursed medical expenses due to the illness and death of his wife.  This Veteran is being evaluated now for hardship and will be receiving care.

Who determines the rules for VA patient acceptance?   The Congress of the United States sets all rules and regulations for the VA, including who can and cannot receive care.   The present VA budget of approximately $220.2B is only sufficient the care for approximately 50% of all present U.S. military Veterans.  The budget dollars include all costs of medical care as well as infrastructure maintenance and replacement.

9-1-19

Post 46 Service Officer:  Gene Klaus, gaklaus@msn.com, 989-284-5972.

Post Service Officers (PSO) from this area meet with Veterans on scheduled Fridays at the Sousley Campus (Leestown Campus) of the Lexington VAMC.  Time: 07:00 to 11:30 Place: Building 28, room 15.  (Building 28 is at the far rear right of the complex.  Enter at South end of building 28 next to loading dock.  Room 15 is last door on right.)  Other times and places are available by arrangement as needed.

The most common Veteran needs addressed are Disability Benefits (new and appeals), benefit changes, and Surviving Spouse and Dependent Benefits (DIC).

Meeting schedules for September and October 2019 are: 9-6, 9-13, 9-20, 10-4, 10-18, 10-25, 11-1, 11-8.

Please email or call Gene Klaus if you have any questions.

Overview of the Types of VA Disability Claims and When to File Them

1)  Original claim – file the Veteran’s first claim for disability.

2)  Increased claim - file for increased compensation for an already determined service-connected disability that has gotten worse.  This is to increase your disability rating and to give more financial support.

3)  New claim - file a new claim for added benefits or other benefit request related to an existing service-connected disability.   You can file for more financial support, special monthly payments, or for Unemployability as a result of a disability causing a Veteran to not be able to work.

4)  Secondary service-connected claim -a new claim filed that is linked to a service-connected disability the Veteran already has.  Example:  arthritis that is caused by a service-connected knee injury. 

5)  Special claims - file a claim for special needs linked to your service-connected disability.  Special Claims are in a group by themselves.  They include a) automobile allowance and adaptive equipment, b) clothing damaged by a prosthetic or orthopedic device, c) temporary disability payments if recovering from surgery or other treatment that has left the Veteran unable to move on his own.  Examples: long surgical recovery time, unable to move due to splints or casts, unable to leave your home, or being required to use crutches or a wheelchair, d) dental care.  Dental care is defined by law and determined by your Veteran class.  Example:  A Veteran who has a 100% service-connected disability is eligible for care, e) temporary or increased disability payment if you spent more than 21 days in a hospital for a service-connected disability, f) Individual unemployable as a result of a service-connected disability, g) Title 38-if you suffered an added disability or worsened existing disability as a result of VA carelessness or negligence, and h) a temporary disability rating if you recently ended active military duty and have disability related to your service.

6)  Disabilities that appear within 1 year after military discharge - Examples include: diabetes, hypertension (HBP), arthritis, ulcers, leukemia, and certain cancers.  There are many others.

7)  Pre-discharge claims-Active-duty - personnel can file for service-connected disabilities if within 90 to 180 days of separation.  Examples: claims for injury, loss of body part.

Disability claims can run from relatively simple claims to very complicated ones.   The more pertinent information the Veteran is able to provide the VA with the claim, the more likely the claim will be favorably considered.  Consult with a Service Officer.

Service Officer Tips

8-1-19

Post 46 Service Officer:  Gene Klaus, gaklaus@msn.com, 989-284-5972.

Post Service Officers (PSO) from this area meet with Veterans on scheduled Fridays at the Sousley Campus (Leestown Campus) of the Lexington VAMC.  Time: 07:30 to 11:30 Place: Building 28, room 15.  (Building 28 is at the far right of the complex.  Enter at south end of building 28 next to loading dock.  Room 15 is last door on right.)  Other times and places are available by arrangement as needed.

The most common Veteran needs addressed are Disability Benefits (new and appeals), benefit changes, and Surviving Spouse and Dependent Benefits (DIC).

Meeting schedules for July and August 2019 are: 8-9, 8-16, 9-6, 9-13, 9-20, 10-1, 10-11.

Please email or call Gene Klaus if you have any questions. 

The Blue Water Navy bill, H.R. 299

Update:  VA Secretary Robert Wilkie has delayed implementation of the Blue Water Bill until January 1, 2020 so that the VA can establish processes.  Veterans should apply now so that their application is on file.

Veteran Planning for Survivor Future

The VA has informational products designed to aid Veterans and their family in preparing for the future after the Veteran dies.  The products include information on benefits such as a final resting place for eligible Veterans, spouses, and their eligible dependents, as well as a headstone or marker, a flag to drape the casket, and a Presidential Memorial Certificate.

VA burial benefits are paid to a spouse, designated family member, or executor to partially offset the cost of burial expenses, plot costs, and transportation costs of a Veteran’s remains.  The amounts typically paid at this time are $2,000 for a non-government cemetery, $250 for a government cemetery, and transportation costs for the Veteran’s remains.   (These are subject to change by the Congress.)  There is a 2-year time limit for burial benefit application.

Eligible surviving spouse, dependent children, and/or dependent parents of a deceased Veteran may apply for a Dependency and Indemnity Compensation (DIC) benefit.  This a monthly tax-free benefit.  The Veteran must have died of a service-connected illness or injury.  The 2019 base amount is $1319.11 per month and is increased for dependent children or other qualified needs.

If Veteran has a compensation application or appeal in process, a person financially dependent on the Veteran (spouse, dependent child, or dependent parent) may apply as a substitute claimant within 1 year after the death of the Veteran.  Accrued benefits will be paid to the claimant if the Veteran’s original application/appeal is granted.

Other benefits the survivors may apply for include Dependent’s Educational Assistance Program, survivor pension (if not eligible for DIC), special survivor pension due to a mental or physical disability, home loans, and CHAMPVA benefits (health benefits if Veteran 100% disabled).  The 2019 survivor pension is $626.63.

Case study tips:

1)    Observe all given deadlines for needed information.

2)   Observe all deadlines for survivor benefits: 1 yr. for substitute claimant, 2 yr. for burial benefits.

3)    Seek guidance.  The VA paperwork requirements are difficult to meet without assistance.

4)    All DIC and pension payments are calculated based on the survivor’s unique situation.

7-1-19

Post 46 Service Officer:  Gene Klaus, gaklaus@msn.com, 989-284-5972.

Post Service Officers (PSO) from this area meet with Veterans on scheduled Fridays at the Sousley Campus (Leestown Campus) of the Lexington VAMC.  Time: 07:30 to 11:30 Place: Building 28, room 15.  (Building 28 is at the far right of the complex.  Enter at south end of building 28 next to loading dock.  Room 15 is last door on right.)  Other times and places are available by arrangement as needed.

The most common Veteran needs addressed are Disability Benefits (new and appeals), benefit changes, and Surviving Spouse and Dependent Benefits (DIC).

Meeting schedules for July and August 2019 are: 7-12, 7-19, 8-2, 8-9, 8-16, 9-6, and 9-13.

Please email or call Gene Klaus if you have any questions.

The Blue Water Navy bill, H.R. 299 is Law!

The president signed H.R.299, the Blue Water Navy bill, into law on Tuesday, June 25, 2019.  This ends a decades long fight by sailors, Marines, and others who served off the coast of Vietnam during the period 1-9-1962 to 5-7-1975.  The law means that they will now get the same presumption as ground troops that certain diseases are connected to Agent Orange exposure.  The new law will make approximately 90,000 additional Veterans eligible for benefits under the law.

In addition, H.R.299 includes Veterans who served on the Korean DMZ during the period 9-1-67 to 8-31-71.  They will also now get the same presumption as ground troops that certain diseases are connected to Agent Orange exposure.  A third group of non-Veterans is included in the law.  Children of Veterans who served in Thailand during the period 1-9-62 to 5-7-75 and who have spinal bifida.  The children will be covered for health care, vocational training and rehabilitation, and monetary allowances.

The VA now has 120 days to submit a plan to Congress explaining how it will implement the new law.  

Veterans and survivors of Veterans eligible under the law need to apply now for benefits.

Veteran Compensation Appeals

The U.S. Court of Appeals for Veterans Claims (CAVC) ruled that a lawsuit seeking relief for Veterans who have experienced long decision wait times can move forward.  This is the first time a court has allowed the VA to be sued.  The order requires the VA to review and move forward all Veteran appeals that have been waiting at least 18 months by 10-1-2019, with a progress report to the court by August 12. 

Case study tips:

        1)    Veterans who were stationed at Camp Lejeune for more than 30 days, are eligible for Agent Orange presumption                   diseases.

 2)    Veterans should seek assistance from the VA for medical needs, regardless of income.  Example:  We recently saw     the family of a 96-year-old WWII Veterans who was in need of long-term care.  We were able to assist the family       in with getting the Veteran into a Veteran’s Home close to Lexington.

 3)    Encourage all Vietnam Veterans to seek care at a VA medical center and to apply for compensation.  It is NEVER         TOO LATE!

 4)    Encourage survivors of Veterans to fined out if they are eligible for benefits.

6-1-19

Post 46 Service Officer:  Gene Klaus, gaklaus@msn.com, 989-284-5972.

Post Service Officers (PSO) from this area meet with Veterans on scheduled Fridays at the Sousley Campus (Leestown Campus) of the Lexington VAMC.  Time: 07:30 to 11:30 Place: Building 28, room 15.  (Building 28 is at the far right of the complex.  Enter at south end of building 28 next to loading dock.  Room 15 is last door on right.)  Other times and places are available by arrangement as needed.

The most common Veteran needs addressed are Disability Benefits (new and appeals), benefit changes, and Surviving Spouse and Dependent Benefits (DIC).

Meeting schedules for June and July 2019 are: 6-7, 6-14, 6-28, 7-12, 7-19, 8-2, and 8-9.

Please email or call Gene Klaus if you have any questions.

Service Officer Tips

NOTICE:  The Lexington VA will host a town hall meeting with Veterans and their families on June 7, 2019, at 17:30 to 18:30 at VFW 680, 1494 Leestown Rd, Lexington.

Previous Tips discussed applying for VA care, VA benefits as related to service-connected issues, the appeals process, and survivor benefits.  There is often another overlooked benefit for qualified Veterans—pension.

PENSION:

A pension differs from compensation in that it is needs-based assistance.  In general, a Veteran must have served for at least 90 days, with at least one day during a wartime period.  Pensions are paid when any total disability-whether it is service connected or not, leads to the Veteran requiring financial assistance.  The amount paid is a flat amount.  The pension benefit is offset by other income dollar-for-dollar.  Note: Any Veteran over the age of 65 is presumed to be totally disabled for the pension program.  Veterans can apply for a need-based pension, a special monthly pension, or benefits because a child is severely disabled. 

To qualify for a needs-based pension the Veteran’s family income cannot exceed the maximum amount for which he is applying.  (The 2019 family basic pension limit is $20,731, adjusted for medical expenses.)  Total family assets cannot exceed $127,061 for 2019.  A special pension, in addition to the basic pension, may be awarded for home-bound expense or Aid and Attendance, which is designed to assist in covering the cost of a nursing home, assisted living facility, or long-term care facility (a surviving spouse may also receive an amount for long-term care.).   A third pension category is for a child incapable of self-support.  To substantiate such a claim, the evidence must show that the child, before his/her 18^th birthday, became permanently incapable of self-support due to a mental or physical disability.  Note:  A special pension may be granted to Veterans who may not be eligible for a basic pension due to excessive income.

It is important for Veterans to understand that any income received must be reported at least annually to the VA for continued pension benefit.  This includes the income of a spouse, should the Veteran marry during the year.  The VA will collect any over-payment directly from a Veteran’s pension or any other compensation received.

A Service Officer can assist with the completion of the multiple documents needed for a pension application.

Case study tip:  Promptly reply to all VA inquiries since most have a firm deadline for response.

5-1-19

Post 46 Service Officer: Gene Klaus, gaklaus@msn.com, 989-284-5972.

Post Service Officers (PSO) from this area meet with Veterans on scheduled Fridays at the Sousley Campus (Leestown Campus) of the Lexington VAMC.  Time: 07:30 to 11:30 Place: Building 28, room 15.  (Building 28 is at the far right of the complex.  Enter at south end of building 28 next to loading dock.  Room 15 is last door on right.)  Other times and places are available by arrangement as needed.

The most common Veteran needs addressed are Disability Benefits (new and appeals), benefit changes, and Surviving Spouse and Dependent Benefits (DIC).

Meeting schedule for May, June, and July 2019 are:  5/3, 5/17, 5/24, 6/7, 6/14, 6/28, 7/12, and 7/19.

Please email or call Gene Klaus if you have any questions.

SERVICE OFFICER TIPS

 The previous Tips discussed applying for compensation benefits.  Once the VA makes a compensation decision on the Veterans’ application, the Veteran is notified of the decision.  If the VA grants a benefit, the percentage and amount are presented.  If the decision is a denial, the reasons for the denial are presented.  The Veteran has the right to appeal and should do so.

 Appeals process:

Complete forms sent with the VA decision or meet with a Service Officer to discuss the most appropriate manner in which to appeal. 

 Starting February 2019 there will be two types of appeals:  (1) those appeals that existed prior to   2/14/19 (Legacy Appeals) and (2) new appeals under the Appeals Modernization Process.  Veterans who have appeals in process under the Legacy Appeals Process will continue under that process.

 The new Appeals Modernization Process is designed to make VA decisions more timely, transparent and fair.  If you receive an initial claim decision after February 2019 and you disagree, you can choose one of three new paths to have your disagreement reviewed:  (1) supplemental claim; (2) a higher-level review; or (3) appealing directly to the Board of Veterans’ Appeals. 

 The Supplemental claim process is expected to take 125 days to complete.  This option is taken if there is new and relevant evidence to support the benefit claim. 

 The Higher Level review process is also expected to take 125 days to complete.  This option is taken if there is no new evidence to present.  The review of your claim will be by an experienced claims adjudicator. 

 The path of Appeal to the Board of Veterans’ Appeals can be a lengthy process. The Veteran can have his case directly reviewed by the Board without new evidence or a hearing, submit new evidence without a hearing, or choose to submit new evidence and have a hearing with a Veterans Law judge.

 There are further appeals after any of these processes should the Veteran not agree with the VA’s decision.

 Case study tip:  Veterans need to review their claim when there is any new information.  For example:  A diabetic who changes from oral medication to insulin shots should file for a benefit increase.