Point Man Muncie Outpost

Eleven diseases are presumed by VA to be service-related for compensation purposes for veterans exposed to Agent Orange and other herbicides used in support of military operations in the Republic of Vietnam between Jan. 9, 1962, and May 7, 1975. The diseases presumed are: Chronic Lymphocytic Leukemia (CLL), chloracne or other acneform disease similar to chloracne, porphyria cutanea tarda, soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma or mesothelioma), Hodgkin’s disease, multiple myeloma, respiratory cancers (lung, bronchus, larynx, trachea), non-Hodgkin’s lymphoma, prostate cancer, acute and subacute peripheral neuropathy and diabetes mellitus (Type 2 diabetes).

Conditions secondary to the diabetes, such as eyesight, impotency, foot problems, can be secondary rated.

VA has developed databases called registries to help analyze the type of health conditions being reported by veterans who served in the Gulf War (Aug. 2, 1990 to a date not yet established), claim exposure to Agent Orange during the Vietnam War (between 1962 and 1975), served in Korea in 1968 or 1969, claim exposure to atomic radiation, or were treated with nasopharyngeal (NP) radium during military service. These veterans are provided with free, comprehensive medical examinations, including laboratory and other diagnostic tests deemed necessary by an examining physician to determine health status. Other veterans who may have been exposed to dioxin or other toxic substances in a herbicide or defoliant associated with the testing, transporting or spraying of herbicides for military purposes also are eligible to participate in the Agent Orange registry program.

Eligible veterans do not have to be enrolled in VA health care to participate in registry examinations. Examination results, along with reviews of veterans’ military service and exposure histories, are entered into the registries. Participants are advised of the results of their examinations in personal consultations and by letters. Veterans wishing to participate should contact the nearest VA health-care facility for an examination.

The Nehmer case established an earlier effective date for Type II diabetes claims and it is possible for a veteran to be rated earlier than the date VA receives the claim.

AID & ATTENDANCE (A&A) (Special Monthly Compensation)

          Eligibility: veterans receiving VA Compensation or VA Pension who are helpless or "so nearly helpless as to require the regular aid and attendance of another person" may be eligible for this special monthly compensation (SMC). VA considers the veteran eligible if they are blind or nearly
blind, or if they are a patient in a nursing home because of a mental or physical incapacity or other factors, such as the inability to dress or undress themselves, to be ordinarily clean and presentable, or to feed themselves. If the veteran has a prosthesis which needs to be adjusted frequently; is
incapable of feeding themselves through the loss of upper extremity coordination or through extreme weakness; incontinence; or due to mental or physical incapacity to be protected from the hazards of their daily environment.
          VA rules are clear that they do not need to meet each of these factors to qualify for A&A allowance, nor do they have to be so helpless that they need someone attending them constantly.

          Also, the spouse of a veteran may also be eligible for A&A due to any of the above conditions, if the veteran is rated 30% or higher disabled. (See Allowance for Dependents).

Our research has shown that veterans who are receiving compensation for SC disability or disabilities generally must require the aid & attendance due to their service-connected disability or be in a nursing home to be eligible for A&A. Veterans receiving pension are already considered to be permanently and totally disabled. In either case, have the doctor or doctor’s office complete the VA Form 21-2680 to establish the need for A&A.

A&A Presumed: Nursing Home Care. A veteran entitled to disability pension is presumed to be in need of A&A if the veteran is a patient in a nursing home on account of mental or physical disability.

Application: VA Form 21-2680 completed by the physician.

ALLOWANCE FOR DEPENDENTS

Eligibility: veterans disabled 30% or higher can get this additional allowance for dependents. This happens automatically if spouse and/or children are put on the initial application for
compensation or pension (VA Form 21-526), although it is recommended that VA Form 21-686c be completed and submitted with the claim packet. Note: “Spouse” must be a person of the
opposite sex.
Children stay dependents until age 18 or until they graduate high school or until they graduate college (up to age 23). If there is some question about the dependency of a child, VA may occasionally require confirmation of dependency status via VA Form 21-686c. Birth certificate (s) and/or marriage license are substantiating documents for this benefit.

The additional amount is determined according to the number of dependents and degree of disability. The amount increases after the child reaches age 18 and remains increased through age 22.

Application: VA Form 21-686c with birth certificate(s) and/or marriage license.

APPEALS

Whenever a claim is denied by VA, and it is felt the VA did not make a good decision, either because they did not review all the evidence, or they did not correctly apply the law, the veteran can file an appeal.

The appeals process starts with the veteran filing a Notice of Disagreement (NOD) to the VA. This can simply be a statement on VA Form 21-4138 stating that, "This is Notice of Disagreement with VA Decision dated ____________." followed by a brief reason for the disagreement, such as, "The VA doctor, at my latest examination, failed to consider any of my previous medical records."

In response to the Notice of Disagreement, the VA will advise the claimant of her/her opportunity to have the claim reviewed by another individual, one who did not participate in the original review. This is called a de novo review. Or, in the NOD, the claimant may ask for this de novo review. In either case, the claimant has 60 days after notification by VA of the opportunity for a de novo review to take advantage of the offer. The de novo review suspends the normal 1-year time limit to file an appeal.

If the claimant does not request a de novo review, the VA will send the veteran a Statement of the Case (SOC). The SOC will outline all the laws VA used to make their decision and all the evidence they considered. Once the SOC is received it should be reviewed carefully. The veteran has one year from the date they were notified of the decision to file to formal appeal. This is done on VA Form 9.

As a general rule, the VA will consider only the disability(ies) claimed in the original claim on which they made their decision. Do not introduce another disability in the appeal. The veteran would need to file another, completely new claim, for any newly claimed disability(ies). The de novo review, however, does consider all evidence, both old and new. If the veteran does not appeal and the time limits run out, and the veteran later decides to make another claim on the same disability, the claimant would need to introduce “new and material” evidence.

If it's felt the veteran could explain his case well, on the VA Form 9 ask for a hearing before the VARO Hearing Officer rather than a hearing at the Board of Veterans' Appeals (BVA) or before the traveling BVA.

Applications:

Notice of Disagreement (NOD): VA Form 21-4138

Formal (Substantive) Appeal: VA Form 9 (must be filed within the set time limits after the SOC).

APPEALS MANAGEMENT CENTER (AMC)

The Appeals Management Center (AMC) has been established outside of the BVA. It will function as a “national regional office” to handle most remands. It is located at the Washington Regional Office (WRO) and was to be fully staffed and operational by December, 2003. In October, 2003, it had 10,000 pending remands and is projected to handle about 14,000 new remands a year. This program is expected to improve the quality and completeness of remands and make it easier and quicker for the BVA to make a final decision.

APPEALS PROCESS

Following are the steps in the appeals process:

Claim;

Decision;

Notice of Disagreement;

Statement of the Case;

VA Form 9 (Substantive Appeal);

Board of Veterans’ Appeals (BVA);

Court of Appeals for Veterans’ Claims (CAVC).

1. The process of filing an appeal begins with the filing of the claim. Without a claim there can be no appeal.

2. After receiving and developing a claim, the local VA Regional Office makes a decision and notifies the veteran.

3. If the veteran disagrees with the decision, he or she files a Notice of Disagreement (time limit: within one year of the date of the letter notifying the veteran of the decision).

4. The VA send the veteran a Statement of the Case (SOC) which informs the veteran of the evidence reviewed in making the decision and the VA laws which were applicable to the decision.

Prior to sending the SOC, the local VA Regional Office will offer to have a Decision Review Officer, or DRO, (someone other than the person who made the original decision) look over the decision and make a new decision. This is called a de novo review. If the veteran agrees to the de novo review, the SOC will not be issued until after the decision of the DRO, and then only if the veteran is still unsatisfied with the decision. (Time limit for requesting a de novo review: 60 days from the date of the letter notifying the veteran of the decision.)

5. If the veteran still disagrees after the issuance of the SOC, the veteran completes the VA Form 9 (Substantive Appeal) and forwards to the VA Regional Office.

6. The claim is forwarded to the Board of Veterans’ Appeals (BVA). The Board will do one of three things:

a. Uphold the decision of the VA Regional Office;

b. Grant the issue or issues requested in the appeal; or

c. Remand (send back) the claim to the VA Regional office for further development.

7. If the BVA upholds the decision and the veteran still disagrees, the claim will be sent to the Court of Appeals for Veterans’ Claims (CAVC). The service organization which represented the veteran through the BVA will no longer represent the veteran.

BOARD OF VETERANS’ APPEALS (BVA)

If a claim cannot be resolved by the local VA Regional Office, the BVA is the next part of the appeals process.

The Board of Veterans’ Appeals (also known as “BVA” or “the Board”) is a part of VA, located in Washington, D.C. Members of the Board review benefit claims determinations made by local VA office (VA Regional Offices) and issue appeal decisions. These Board members, who are attorneys experienced in veterans’ law, review benefit claims and are the only ones who can issue Board decisions.

Also see APPEALS PROCESS

BURIAL ALLOWANCE (State of Indiana Benefit)

          Eligibility: Honorably discharged veterans
          Benefit: $100 for burial costs of veteran or spouse (but not both) and up to $100 for setting of a federal headstone or marker in the county of burial.
       This allowance is paid by the county of the veteran's residence at the time of death.
          Application: County burial form obtained from the Auditor's Office. Normally filled out and submitted by the funeral director.

BURIAL AT SEA (Retired Navy members & dependents)

Retired Navy members and their dependents desiring burial at sea should indicate that preference in writing. At the time of death, the executor/executrix of the estate should contact:

Office of Medical/Dental Affairs (MEDDEN AFFAIRS)

Mortuary Affairs, Bldg 38H

Great Lakes, IL 60088-5200

          Phone: 1-800-876-1131, ext 629

         An information packet can be sent or faxed. The packet contains the Burial at Sea request/ authorization form. If the burial at sea preference was not put in writing, the person responsible for the disposition of the remains may authorize the burial at sea. Submit the following documents to the above address with the request form:
          a) Certificate of cremation or a transit permit issued by the appropriate civil authorities at the place of death; or

b) Photocopy of civil Death Certificate; and

c) signed request/authorization for committal from the primary next of kin or executor of the estate, and d) photocopy of retirement orders. Authorization should include the decedents full name, grade, SSN, Serial Number (if available), branch of service, date of retirement or dates of service and date of death, type religious service preferred, whether the scattering of cremated remains or committal of casketed remains is desired from naval vessel, and body of water preferred.

BURIAL EXPENSE (Reimbursement) (Federal)

Benefit: $300 burial & funeral allowance.

Eligibility: veteran at time of death, was receiving VA Compensation or Pension - or - if death occurs in a VA facility or contracted nursing home.

Benefit: $2,000 burial allowance. Also, VA will pay the cost of transporting the remains to the nearest national cemetery with spaces available.

Eligibility: veteran whose death is due to his service connected condition.

Benefit: $300 plot or interment allowance.

Eligibility: Veteran not buried in cemetery under U.S. government jurisdiction - and - veteran was discharged from active duty because of a disability incurred or aggravated in line of duty - and - veteran was in receipt of VA Pension or Compensation or death occurred in a VA facility or VA-contracted nursing home.

Note: Public Law 108-183 allows that this benefit can be paid to a State cemetery.

Note: Claims must be filed within 2 years (no time limit for service connected) .

Application: VA Form 21-530

BURIAL FLAG

Eligibility: Discharged under conditions other than dishonorable.
- and -

either a wartime veteran - or -

served after Jan. 31, 1955 - or -

served at least one enlistment during peacetime, - or -

National Guard & Reserves eligible after completion of one enlistment or if they have 20 years of service creditable towards retirement.

Application: VA Form 21-2008 (Veterans’ Service Officers can obtain a flag by completing this form and taking it to their local Post Office)

BURIAL, HEADSTONE OR GRAVE MARKER

Eligibility: deceased active duty veteran of wartime or peacetime service (other than for training) if discharged under conditions other than dishonorable. Veterans discharged after Sept. 8, 1980 must have served 24 months on active duty, or the full period for which they were brought on active duty. Veterans discharged prior to that date have no minimum time-served requirement.

- or –

- deceased National Guardsman or Reservist who dies while performing initial active duty for training and those who have 20 years or more service creditable towards retirement.

Dependents: only if buried in National or State Military cemetery.

Note: Effective with Public Law 107-103 dated 12/27/01 the headstone can be placed on a marked or an unmarked grave. Prior to this law, the grave had to be an unmarked grave.

Application: VA Form 40-1330

Replacement headstones:

VA will replace incorrectly inscribed headstones or markers. Complete a new VA Form 40-1330 with all the appropriate information and explain in the Remarks block at the bottom of the application the circumstances requiring a new headstone or marker.

VA will replace headstones or markers which have been vandalized, stolen, or deteriorated and weather-worn to such a degree that inscriptions are no longer legible. VA requires a photograph of the deteriorated marker, or a report of the theft or vandalism and a completed VA Form 40-4963.

BURIAL – NATIONAL AND STATE CEMETERIES

Arlington National Cemetery

To be buried in Arlington National Cemetery the veteran must fall into one of the following groups:

- Died on active duty;

- Military retiree (including Guard & Reserves who haven't reached age 60);

- Holders of highest awards for valor;

- Certain former Prisoners of War;

- Veterans honorably discharged with at least 30% disability before Oct. 1, 1949;

- The spouse or unmarried child (under 21) of any veteran buried in Arlington;

Note: Public Law 108-183 permits the spouse of a deceased veteran who remarries after the veteran’s death to be buried in a national cemetery, regardless of age at the time of the remarriage. Prior to this change in law, only a surviving spouse who had subsequent remarriage that was terminated by death or divorce was eligible. This change applies to deaths occurring on or after January 2000.

- Unmarried adult child with physical or mental disability acquired before age 21.

- Merchant Marine personnel who fit one or more of the above categories.

Other National & State Cemeteries

Most veterans can be buried in these type cemeteries. They include -

- Active duty personnel;

- Military retirees (including Guard & Reserve retirees who haven't reached age 60);

- Veterans with discharges rated higher than under dishonorable conditions;

- Reservists disabled by military service;

- ROTC cadets and midshipmen who die at summer camp or from military-related injuries or illnesses;

- Merchant Marine personnel.

- Spouse of a deceased veteran, even if remarried, regardless of his or her age at the time of the remarriage. (Public Law 108-183). Prior to this change in law, only a surviving spouse who had subsequent remarriage that was terminated by death or divorce was eligible. This change applies to deaths occurring on or after January 2000.

Most veterans qualify under the third category. Veterans discharged after Sept. 8, 1980 must have served 24 months on active duty, or the full period for which they were brought on active duty. Veterans discharged prior to that date have no minimum time-served requirement.

The Indiana Veterans Memorial Cemetery opened for interments on December 1, 1999. The cemetery is located adjacent to the Madison State Hospital and Clifty Falls State Park in Madison, Indiana. Final construction of the buildings/grounds will be completed next year. Any Hoosier veteran eligible to be buried in a national cemetery will be eligible for burial in the cemetery. The spouse of an eligible veteran will also be eligible to be buried there. For an application for burial, contact the Indiana Department of Veterans Affairs. To schedule an interment, contact the cemetery superintendent at 1415 North Gate Road, Madison, IN 47250, 812-273-9220/FAX 812-273-9221.

Also see CEMETERIES.

BVA (see Board of Veterans’ Appeals)

CEMETERIES - VETERANS

Arlington National Cemetery

There is no charge for a grave in Arlington. There is also no charge for opening and closing the grave nor for a government headstone or marker. All other costs must be borne by the family.

The family should inform the funeral director that burial at Arlington is desired. The funeral director usually contacts the Interment Services Office as soon as possible after notification of the death. The office is open 7:30 a.m. - 4:00 p.m. Monday thru Friday, and 9:00 a.m. - 1:00 p.m. on
Saturday. Call (703) 695-3250 or (703) 697-9486. Voice mail can be left during non-duty hours.

National Cemeteries in Indiana

Crown Hill
700 W. 38th Street
Indianapolis, IN 46208
(765) 674-0284

Marion National Cemetery
1700 E. 38th Street
Marion, IN 46952
(765) 674-0284

New Albany
1943 Ekin Avenue
New Albany, IN 47150
(502) 893-3852

State Cemeteries in Indiana

Indiana Veterans Home
3851 North River Road
West Lafayette, IN 47906-3851
(765) 463-1502
(Note) The deceased must have been a resident of the Home to be buried here)

Indiana Veterans Memorial Cemetery
Madison, IN
Contact:
(812) 273-9220

Note: Public Law 108-183 allows State cemeteries to apply for and receive the veterans’ burial plot allowance of $300 normally paid for veterans not buried in a Federal cemetery and who were discharged for service-connected disability(ies), was receiving VA pension or compensation or who died in a VA facility or contracted nursing home.

Also see Burial - National and State Cemeteries

CHAMPVA

Eligibility: Spouse, surviving spouse and dependent children of a veteran rated as permanently and totally service connected disabled - or - who died as a result of a SC disability - or - died while on active duty in line of duty. They are still eligible after they become eligible for Medicare.
Contact:

CHAMPVA Center

P.O. Box 65023

Denver, CO 80206-5023

1-800-733-8387

For Claims, contact:

CHAMPVA Center
Denver, CO 80206-5024

Note: dependent children are those under the age of 18 - or - who became incapable of supporting themselves before attaining the age of 18 - or - are still attending school (up to age 23). Childrens’ eligibility not affected by divorce or remarriage of spouse or surviving spouse (except, step-
children’s relationship ceases upon divorce of the spouse from the veteran).

Application: VA Form 10-10D

Claims: VA Form 10-7959A

If the veteran has died and the spouse, who was previously enrolled in CHAMPVA reaches the age of 65 and becomes eligible for Medicare, CHAMPVA will become the second payor after Medicare and any other Medigap (supplemental) policies.
If the spouse remarries before reaching age 55, he/she will regain eligibility of the health benefit if the subsequent marriage is terminated due to death or divorce. Effective Feb. 4, 2003 if they remarry after reaching age 55, even while married, they will retain eligibility for the health benefit.

If the spouse remarries after reaching age 65, he/she retains full eligibility (health insurance, home loan and education benefits), even while married.

Complete another VA Form 10-10D and VA Form 10-7959c (Other Health Insurance Certification).

CLAIMS

          Claims are submitted to VA for benefits due veterans under various VA laws/ regulations.

          Claims for compensation and claims for pension for either the veteran or their surviving spouse are effective on the first day of the month following the month they are received by VA.

         Claims should be submitted with substantiating documentation. For example, all claims for compensation or pension should have a certified copy of the veterans discharge attached (DD214 or Report of Separation, not the discharge certificate); if the veteran is married, submit a copy of the marriage license or certificate; if there are unmarried, dependent children still at home, submit birth certificate(s); if the veteran or spouse is on Social Security and is applying for Improved Pension, submit Social Security Award letter; and if the veteran has medical records from a civilian doctor which could be used to substantiate his claim, submit copies. Death certificates and divorce documents are not required if all names dates, and places are shown on the claim application.

          The veteran or surviving spouse should always appoint one of the veterans organizations at VARO as his/her Power of Attorney. Use VA Form 21-22 and the County VSO supplement sheet.

          To give a detailed account of the veteran's claim, recommend the use of VA Form 21-4138, Statement in Support of Claim for that purpose. It enables the veteran to give full and complete details of what he/she is claiming.

Minimum forms to submit a new claim:

VA Form 21-526 (or 21-534 or 21-535 for DIC/Death Pension);
VA Form 21-22 and CVSO supplement sheet
VA Form 21-4138.

Also see VA FORMS

CLOTHING ALLOWANCE

Veterans with service connected disabilities which require them to use a wheelchair or other prosthetic or orthopedic devices which may wear out or tear their clothing, may receive an annual clothing allowance of $ 600.00, payable the last of August each year. The veteran must apply
by August 1^st, each year. The allowance is also applicable to a veteran with a skin condition for which he uses a cream or other medication which may permanently stain the clothing.

Application: VA Form 21-8678

Effective January 1, 2004, CRSC will be paid for any combat- or training-related disabilities rated anywhere from 10% to 100% . Retirees must apply to their parent service for CRSC payments, and they will continue to receive their full retired pay.

Previously, Combat-Related Special Compensation (CRSC) laws paid only for disabilities which were are rated by VA as 60% or higher disabling and were caused by combat conditions, or simulated combat conditions (such as training), or for disabilities which resulted in the award of the Purple Heart medal, regardless of the rating.

The Army web site is www.crsc.army.mil Direct questions toll free to 1-866-281-3254, local (703) 325-5163 Fax: (703) 325-0144

The Navy website is http://www.hq.navy.mil/ncpb/CRSCB/combatrelated.htm

Neither the Branch nor the NCPB Webmaster is staffed to accept or respond to telephone or email inquiries. Mail requests to the Branch and they will respond to them as soon as practicable. In order to more efficiently process the large volume of applications received, please allow the time specified in the Initial Notification of Receipt to expire before making inquiries into your case. Additional information is available at the CRSC Branch toll-free information line at 1-877-DON-CRSC (1-877-366-2772), or by mailing to the CRSC Branch..."

Previous Denials for 10-to-50% Ratings:

For those retirees who were previously denied CRSC under the 2003 program because their combat-related disabilities were rated at 10-to-50% an automatic approval process was implemented. If you are in this category, please do not reapply. You should receive an approval letter by February 2004. If you do not receive an approval letter within this timeframe and you believe you should have, feel free to mail an inquiry to the Branch. (See the address at the end of this section).

Previous Purple Heart-Related Approvals Containing other Combat-Related Disabilities:

For those retirees who were previously approved for CRSC under the 2003 program because they had Purple Heart-related disabilities but who did not receive CRSC for other combat-related disabilities because their total combat-related percentage was below 60%, they have implemented an automatic approval process. If you are in this category, please do not reapply. You should receive an approval letter by February 2004. If you do not receive an approval letter within this timeframe and you believe you should have, feel free to mail an inquiry to the Branch at the address listed below.

Department Of The Navy

Naval Council Of Personnel Boards

Combat Related Special Compensation Branch

720 Kennon Street SE Suite 309

Washington Navy Yard, DC 20374-5023

The Air Force website is: http://www.afpc.randolph.af.mil/disability/CRSC/CRSCnew.htm

Supporting documentation is essential to the review of each CRSC claim. The burden is upon you to provide supporting documentation to the best of your ability. They need to verify the cause of your diagnosis, or we cannot determine it to be combat related. Please include a complete copy of all documentation you have from the VA, especially documents that provide original VA rationale for determining your disabilities are service connected, documents that provide diagnostic codes, documents that indicated the current rating of your disabilities, and documents that show a condition as secondary or presumptive.

The address for applications from retired Air Force members is:

United States Air Force

Disability Division (CRSC)

550 C Street West Ste 6

Randolph AFB TX 78150-4708

If you need assistance or have any questions, please contact the AF Contact Center, DSN 665-5000; Commercial (210) 565-5000 or toll free 1-866-229-7074.

The US COAST GUARD website is http://www.uscg.mil/hq/psc/customerconnection/cr.htm

General tips: There is no particular problem with VA records verification, because the Coast Guard simply denies applications that are not verifiable with the M-13 record or the initial VA rating summary.

The CR Legislation advice to a "Coast Guard applicant is more pointed than to retirees of the other Services. Take your time, document your block 13 description and correlate it to your condition especially well and stay credible. Remember, a large and amorphous bureaucracy is not handling your application, but by the Coast Guard, whose leadership is focused and bright. If you take these steps, we feel your service will do the best it possibly can to accommodate credible and well-documented and correlated applications.

The address for US Coast Guard CRSC and CDP inquires:

Commander (Adm-1-CRSC)

US Coast Guard

Personnel Command

4200 Wilson Blvd

Arlington, VA 22203-1804

Telephone: 1-800-772-8724

COMPENSATION

To be eligible for VA Compensation, veterans must have a service connected disability; one which occurred while in service or one which occurred prior to but was aggravated during the service. Veterans can file years later for compensation, but some chronic (lingering, continuous)
diseases must manifest (display, or exhibit) themselves within 1 year after discharge.

Claims filed within 1 year after discharge are back-dated to the date of discharge.

Application must be in writing - either formal or informal.

Formal Application: VA Form 21-526

Informal Application: VA Form 21-4138

Minimum forms needed to submit a claim for Compensation for Service-Connected Disability:

VA Form 21-526, Parts A, B and C; VA Form 21-4138 (to explain in detail items for which there was not enough room on the VA Form 21-526); VA Form 21-22 and CVSO Supplement to assign representation; VA Form 21-4142 to release medical records from private physicians/facilities.

Minimum documentation needed to complete the claim: Certified copy of DD Form 214 or Report of Separation; copy of marriage license, copy of birth certificates of dependent children. Death certificates and divorce documents are not required if all names dates, and places are shown on the claim application.

Also see INFORMAL CLAIM.

CONCURRENT DISABILITY PAYMENTS (CDP)

Those military retirees who have service-connected disabilities rated at 50% or higher which are not combat- or combat training-related, but were incurred or aggravated while serving in the military, will receive all of their VA compensation, at whatever current rating they have, but only a percentage of their military retired pay until the year 2014, when they will get full concurrent receipt of both.

Effective January 1, 2004, they will receive their full VA disability compensation, but the amount of retired pay they will be able to draw depends on their VA disability rating.

Veterans rated at 100% disabled will be able to draw $750 per month of their retired pay and full VA compensation, currently $2,239; more if the veteran has dependents.

Veterans rated 90% draw $500 of their retired pay and full VA, currently $1,344; or more if dependents.

The remaining schedule is as follows:

80% disability, $350 per month;

70% disability, $250 per month;

60% disability, $125 per month; and

50% disability, $100 per month.

No concurrent receipt for retirees rated 40% or below. They must continue to have their VA disability compensation payments subtracted from their military retired pay.

Each year for the next 10 years, the amount of the retired pay they will be able to draw in addition to their VA disability compensation will increase thusly:

In 2005 the retiree would get an additional 10% of the remaining offset in his retired pay. Example: if the veteran’s retired pay was originally $1500, he would start out getting the $750, leaving an offset of $750. In the year 2005 he would get 10% of the $750, or $75, leaving an offset of $675. The amount of retired pay he is now drawing is $750 plus the $75, or $825.

In 2006 the retiree would get an additional 20% of the remaining offset in his retired pay. Using the example above, he would get 20% of the remaining $675, or $135. Added to the retired pay he is already getting, he is now drawing $960 retired pay with an offset of $540. In 2007 an additional 30% of the offset. In 2008 an additional 40% and so on until January 2014 when they will be receiving their full military retired pay.

A service member who is 50% service-connected disabled and retires in the year 2008 starts out at the $100 per month and the additional 40% of the offset immediately, not the 10%. A service member who is 50% service-connected disabled and retires in the year 2014 will get full VA compensation for the 50% rating and full military retired pay.

National Guard and Reservist career retirees will be treated the same as active duty retirees and are included in both programs.

Disabled retirees who qualify for both programs would have to choose between one or the other. Retirees cannot draw compensation from both programs. Because the CRSC program provides full payment immediately, rather than the 10-year phase-in, legislators plan to allow an annual election option for the CRSC-eligibles. This recognizes that a retiree who is 100% disabled, but only 60% of that is due to combat-related conditions, may find it advantageous to elect CRSC payments for a few years until the concurrent receipt payment rises to a level that exceeds the CRSC payment. Because CRSC payments are tax-free and retired pay is not, this could also figure into the qualifying retirees decision of which pay to accept.

CONCURRENT RECEIPT (of VA benefits and retired pay)

”Concurrent Receipt” is a term used to describe the receipt of both military retired pay and VA compensation by military retirees who have service-connected disabilities. These veterans fall into two categories:

Combat-Related Special Compensation: Veterans receiving VA compensation for a disability or disabilities which were incurred as a direct result of armed conflict; or while engaged in hazardous service; or in the performance of duty under conditions simulating war (training); or through an instrumentality of war (such as accidental gunfire, exposure to Agent Orange, accidents in military vehicles, Gulf War Syndrome) and has been rated by VA as 10% or higher disabling can draw their VA compensation equal to whatever their VA rating is and their full military retired pay.

Concurrent Disability Payments (CDP): Veterans who have a VA rated disability or disabilities which are service connected but not related to the conditions outlined above and which are rated as 50% or higher disabling can draw their VA Compensation and their retired pay phased in increasing increments over a ten-year period until they are getting their full retired pay by the year 2014.

See Concurrent Disability Payments (CDP).

COPAYMENTS (at VA Medical facilities)

          Veterans receiving care for non-service connected causes whose income/net worth exceed certain amounts are required to make a copayment for care received at the VAMC.

         There are some exceptions:

          ** Veterans receiving VA pension are exempt from making the outpatient copayment (but not necessarily the prescription copayment).

          ** Copayment obligation is waived for military retirees eligible for care under the TRICARE program (Millennium Health Care & Benefits Act).

Also see: VA MEDICAL CENTER

VA MEDICAL CENTER COSTS

VA NURSING HOME CARE

PRESCRIPTIONS

DATES IN HISTORY TO REMEMBER

May 8, 1945: V.E. Day (Victory in Europe)

May 30, 1868: Memorial Day (Formerly Decoration Day)

June 6, 1944: D-Day (Normandy Invasion)

June 14, 1777: Flag Day (Birthday of the American Flag)

July 4, 1776: Independence Day (Declaration of Independence signed)