SPOUSE'S
PLANNING GUIDE
2011
Edition
PREPARED
BY
DEPARTMENT
OF VETERANS AFFAIRS
VISUAL IMPAIRMENT SERVICES TEAM (VIST)
INTRODUCTION
USE THIS BOOK ELECTRONICALLY
If you are reading a disk
version of this book and have Internet access you will find that the links will
take you to the websites referenced.
The
nature of the VA is changing and more and more is happening
electronically. In the past year the VA
has come up with two websites that will play crucial roles of information in
the future:
My VA homepage at:
http://www1.va.gov/opa/myva/index.asp
And the E Benefits Website at:
https://www.ebenefits.va.gov/ebenefits-portal/appmanager/eb/veterans
FORWARD
This booklet was prepared in
conjunction with the VIST program. VIST serves visually impaired veterans. You
should be able to reach a VIST Coordinator at your nearest VA medical facility.
In 2010 there were some
landmark changes in VA Benefits. The
most notable involved the benefits for Caregivers of very severely injured
veterans.
In the last 10 years benefits
have become increasingly complicated.
There is no reason not to ask for assistance. Instead of getting shorter, each year this book seems to be
getting longer. For some of our
veterans and spouses the VA is only one area of concern. There are also benefits from the Department
of Defense and Social Security.
Unfortunately there is no one spot where you can go to for answers on
all of these benefits and how they interact.
We have offered a number of
websites for organizations that provide useful information. No one should feel obligated to join any of
these organizations, information on their websites is free to the public.
TRICARE, CHAMPVA, and the VA
(for veteran’s healthcare) itself through MyHealtheVet reflect a growing use of
online connections to monitor your own healthcare, check prescriptions,
etc. This trend will continue. If you cannot access the Internet, perhaps a
family member can assist you. The
TRICARE website has tremendous information on things such as approved providers
who accept TRICARE payment. We are
evolving to a computer based information society.
PURPOSE
The purpose of this book is
to assist you, the veteran's spouse in fact finding. In today's world it is
important that each person be his or her own advocate. It is tough to get
started in this. This book is not meant to provide all of the definitive answers.
Those will be gotten at the VA Regional Office, the Department of Defense, or
the Social Security Administration. The book is meant to be a tool to help
educate and start the planning process for the future.
ACKNOWLEDGMENTS:
Information was obtained from
many sources. These include:
·
38 CFR Chapters 1 - 17 and 35
·
Guide for Service Officers
Veterans of Foreign Wars publication
·
Service Officer's Guide
Disabled American Veterans Publication Veterans Benefits: The Complete Guide
Snyder et. Al. Harper Collins Publisher
·
Numerous Social Security
Publications (1 800 772 1213)
·
VIST Desk Reference Todd
Turansky Editor (and other publications and updates from Mr. Turansky)
·
What Every POW'S Wife Should
Know And Widow Must Know, Compiled by Ken Jones
·
Military.com
·
Retired Military Almanac,
Hunter and Gordon Editors
·
Numerous websites related to
benefits for veterans
Editor's Note: In spite of all this
excellent source material, there may still be errors or changes that occur
after this booklet is put together. Take this as a guide and go to the source:
Regional Office, Department of Defense, Social Security Administration or the
IRS for definitive information.
Bob Kozel, San Antonio,
Texas, December 2010
1-1 Commonly Used Abbreviations and Terms
1-6 Benefits for Having Spouse and Children
1-7 Benefits for Care Providers
SECTION 2:
PAYMENTS
Payments from the Veterans Administration
2-3 Non Service Connected Pension
Payments from the Department of Defense
2-5 DOD Retirement Due to Disability
2-7 Survivors Benefits Plan (SBP)
2-8 Dependency and Indemnity Compensation
(D.I.C.)
2-9 Non Service Connected Death Pension
2-12 Other Social Security Programs
SECTION 3:
HEALTH INSURANCE
SECTION 4:
VA EDUCATION BENEFITS
SECTION 5:
IN THE EVENT OF DEATH
SECTION 6:
OTHER CONSIDERATIONS
6-4 Lost Pension or Compensation Checks:
6-6 Point Preference in Government Employment
6-7 Non-Competitive Federal Employment
APPENDICES
ANNEX 3 IMPORTANT ADDRESSES AND PHONE NUMBERS
ANNEX 5: EXTENSIVE
CONTACT INFORMATION
A&A
Aid and Attendance describes a severity of disability that is beyond Housebound
condition. This may also add additional payments to Compensation or Pension
from the VA.
BX
this is the Base Exchange, and is the same thing as PX, Post Exchange.
CRDP Concurrent Retirement and Disability Payments,
this acronym
was instituted in 2004 for the current
CR and CRSC Concurrent retirement pay for military retirees in
addition to their compensation payments from the VA. This benefit is paid by the Department of Defense.
CR stands for Concurrent Receipt
CRSC stands for Combat Related
Special Compensation
HB
Housebound describes severity of disability that may add additional payment to
Compensation or Pension from the VA.
NSC
Non Service Connected - Injury or illness that exists, but is not directly
linked to service time.
RO
Regional Office - Place where claims and the benefits portion of the VA are
handled. VA Medical Centers fall under the Health Care branch of the VA.
Regional Offices are under the Benefits branch.
SC
Service Connected - Directly linked to injury or illness acquired or aggravated
in the service. SC status can only be recognized after a claim is filed and
ruled favorably on by the Veterans Administration.
SSA
Social Security Administration - These benefits are explained in a later
portion of the booklet.
SSI Supplemental
Security Income
SSD
Social Security Disability
SO
Service Officer, representative of one of the service organizations, such as
the Disabled American Veterans or the Veterans of Foreign Wars. They may assist
in filing claims.
VA
Veterans Administration - Formally, the Department of Veterans Affairs.
VBC
Veteran's Benefits Counselor. Employee of the VA who works with veterans in
exploring their benefits eligibility.
VIST
Visually Impairment Services Team. VA Medical Facility Program that helps
visually impaired patients.
Return to Table of Contents
Any veteran, or family member
of a veteran can get assistance from a Department of Veterans Affairs Regional
Office. You will be connected to the nearest Regional Office by dialing:
1 (800) 827 1000
You can access additional
information by computer over the Internet.
Department of Veterans
Affairs Homepage: www.va.gov
The
VA’s webpage has been greatly reconfigured in 2007 and it is now much logically
laid out and it is much easier to find information.
The
VA maintains an excellent website that deals with survivor’s benefits. This site continues to be improved and
expanded. To access the website go
to:
http://www.vba.va.gov/survivors/vabenefits.htm
You may also decide to go to
the Regional Office in person and see a VBC, Veterans Benefits Counselor. They
can assist you with your questions.
You may seek assistance from a
Service Organization such as the VFW, BVA or the DAV. A list of all the
recognized service organizations is provided in Annex 1 and web address are
available in Annex 4. These organizations typically ask the veteran to sign a
"Power of Attorney". In this instance this only allows them access to
VA paperwork on the veteran. There is a further explanation in Annex 1 also.
Blinded Veterans Association
Homepage: www.bva.org
For visually impaired
veterans, the VIST, Visual Impairment Services Team Coordinator may be of
assistance. Legal Blindness has many special provisions and services outside
and inside the VA. Each VA medical facility has a VIST Coordinator.
The Outpatient Social Worker
at your nearest VA medical facility should also prove to be a valuable resource
in answering questions.
One of the most confusing
things about the VA is the fact there are 3 branches and they are not easily
connected at any one location. VA
Medical Centers provide health care. VA
Regional Offices provide actions on benefits such as compensation, GI Bill and
other entitlements associated with being a veteran. The Cemetery Service provides for the use and maintenance of
National Cemeteries. In this booklet
you are provided key phone numbers and contact points for each of these
services.
The VA does not connect
directly with the Department of Defense.
Retirees may need to do actions in both systems at times. We have attempted to provide key DOD
contacts and phone numbers (refer to Annex 5).
Return to Table of Contents
Each state has benefits for
veterans. The benefits differ from state to state. Each state also has a website that can be used to research
veteran benefits.
There is a combined website
for the directors of each state’s Department of Veterans Affairs: www.nasdva.com
Or,
you can do a search of the Internet by going to Google (www.google.com) and doing a search. An example of a search would be:
Veterans
Benefits + Rhode Island
This
is an excellent way to get information on veteran related activities in the
state you live in.
Return to Table of Contents
Who Is a Spouse?
Under VA definition a spouse
is: A member of the opposite sex who is married to a
veteran.
The VA recognizes common law
marriage if the state of residence recognizes common law marriages. (Check with
your local Regional Office). You prove
you are a spouse by:
·
A certified copy of your
marriage license
·
An affidavit from the person
who married you
·
An affidavit from an
eyewitness
In the case of common law
marriage, there are specific conditions in various states, which must be met in
order to legally establish a common law marriage. The VA only recognizes common
law marriages in states that legally recognize these relationships. For proof
of common law marriage, the VA demands affidavits from two individuals who can
attest to the husband and wife relationship.
Must you live together?
There are acceptable reasons
for not living together, and still be considered married. The most common
example of this is when one member is in a nursing home.
Return to Table of Contents
Children are dependents until
they reach age 18. Stepchildren in your household, adopted children and
illegitimate children fall under the dependent category. The exception to the
18 year old rule is when children marry before the age of 18.
There are also exceptions for
individuals being considered dependent children past the age of 18. These can
include incapacitation prior to age 18 or VA approved schooling.
In some instances parents may
be dependent and considered part of the household. One needs to check with RO
to clarify if parents can be considered legal dependents.
In all cases, proof of
relationship will be necessary. This can include a birth certificate, an
affidavit from the delivery doctor, two affidavits from persons with knowledge
of your relationship to the children, or school records. Again, check with RO
for clarification on documentation.
Return to Table of Contents
If the veteran is drawing
Compensation from the VA after reaching a rating of 30% there is additional
compensation added for each dependent.
If the veteran is drawing NSC
Pension there is additional money for each dependent, and benefits in medical
cost deductions, and possibly schooling deductions. It is important to keep in
mind that income of dependents may count as part of the veteran's income used
in determining eligibility for NSC Pension. For clarification of a specific
family situation it is best to contact your nearest RO.
Return to Table of Contents
For
more information on this topic go to:
http://www.armytimes.com/news/2010/04/military_veterans_caregivers_041910w/
In
2010 Congress passed a bill that included benefits for Caregivers of very
severely injured veterans. Initially,
this bill seemed to cover the caregivers for Operation Enduring Freedom and
Operation Iraqi Freedom veterans, with no announcement when or if the bill
would cover veterans from other eras.
All the details of this bill were not available at the time this booklet
went to press.
What
is believed to be involved includes:
1. The veteran may designate one family member
to be the primary care provider
2. That individual will be paid a stipend by
the VA
3. If that individual does not have healthcare,
they may be eligible for CHAMPVA
4. The VA will provide training for the
individual to meet the veteran's need
5. Respite care will be provided at time for
the veteran
Editor's Note: The bill included a 9 month implementation
period during which the details of the bill's provision would be finalized (the
bill was passed in the sprint and is not finalized at the time this went to
press). There is currently no VA
website for this topic.
It
is recommended that an individual check with RO to see what the latest updates
are on this benefit.
Return to Table of Contents
Compensation and Pension
Compensation is different
from Pension in some important respects. Compensation is linked to some injury,
illness or lingering effect of being in the military. In the case of Dependency
Indemnity Compensation, D.I.C., the original eligibility is linked to a
veteran's compensation entitlements.
There is more on D.I.C. in a later section.
Pension is linked to a
veteran's disability (not related to military service), limited income and a
veteran having been in the military during a wartime situation. The nature of military conflicts and wartime
service needs to be researched in the post Vietnam era. Regional Office can clarify who qualifies as
a wartime veteran.
In simplest terms, the VA
pays Compensation for some injury, illness, or lingering effect caused by being
in the military. The clearest example of this is a battlefield injury. A person
was wounded, lost their eyesight; it will never be fixed. The VA pays
compensation monthly.
There are other conditions
for which the VA grants compensation. There are diseases that were first
diagnosed during service time, or aggravated during service time. Plus, there
are conditions that show after separation from the military, but may still be
linked back to service time.
Often these diseases are
chronic. A disease such as Diabetes Mellitus may progress and the amount of
disability increases. As the disability
increases the amount of Compensation may grow (but, the veteran must reopen his
or her claim to make this happen).
The following outlines the
reasons for Compensation:
·
Direct line of duty injury
·
Presumptive Diseases
·
Tropical Diseases
·
Diseases Specific to Former
POWs
·
Radiation Related Diseases
·
Vietnam Service or Korean
(DMZ 1968-69) Agent Orange exposure*
·
Diseases of Naval Personnel
Exposed to Mustard Gas (1943-45 Naval Research Lab) Persian Gulf - this is
still in the process of being researched and defined.
·
Pre-service Condition
Aggravated during time in service
·
Conditions Secondary to
Service Connected Disability
·
Asbestosis
·
Injury in a VA facility
·
Compensation is normally
awarded in some percentage of disability. This is awarded in increments of 10
percentage points running from 0% to 100%. There may also be special monthly
cash awards for certain injuries or conditions.
Editor's Note: Benefits have changed related
to Agent Orange Exposure:
Most recently the list of
presumptive conditions for Agent Orange grew to include 15 items.
For more information on Agent
Orange go to:
http://www.publichealth.va.gov/exposures/agentorange/
For more information call the
Agent Orange Hotline: 1 800 749 8387
Editor’s Note: We also offer a companion
booklet on up to date information on Agent Orange Benefits: Agent Orange Primer 2011 which can be requested
through the VIST Coordinator
Gulf War 1, and wars in Iraq
and Afghanistan have their own unique set of connected service conditions.
For more information go to:
http://www.publichealth.va.gov/exposures/gulfwar/
From more information on
these wars call: 1 800 749 8387 and pick option 2
Operation Iraqi
Freedom/Operation Enduring Freedom, OIF/OEF
There are many benefits in
the VA, DoD, and private sector for OIF/OEF veterans. Each VA facility has an OEF-OIF Coordinator.
In 2010 the VA recognized
presumptive conditions for service in OEF-OIF and Gulf War 1.
The VA has a helpful homepage
for OEF-OIF Veterans at:
Other Benefit Changes
In 2008 the VA recognized Amyotrophic lateral sclerosis (ALS), often referred to as "Lou Gehrig's
Disease, as a Presumptive Disease for all veterans. That means basically that anyone who served in the military who
develops a case of ALS should apply for service connection.
Return to Table of Contents
Editor's
note: For more information on claims go
to the following VA website:
The VA is currently
converting to a Fast Claim system. This
process was started in the second half of 2010. This system in the future may be the way all claims are handled. However, for now most claims are filed in
the traditional manner and we recommend that you get assistance in exploring
the claim process.
Compensation is not
automatically granted, you must file a claim for it. This booklet is not meant
to be a primer on Compensation, but here are some points to ponder:
1. You must have a diagnosis
in order to claim disability.*
2. You must prove or document
that the illness or injury happened during
service time. Remember that
records from 50 years ago may be very incomplete.
3. The VA will assist you in
gathering existing government records.
Finally, you can seek
assistance in filing a claim from the Regional Office, a Service Organization
or people such as your VIST Coordinator.
* For Gulf War 1 veterans an
official diagnosis may not be needed. Part
of Gulf War Syndrome can be undiagnosed conditions, which have clear affects on
health.
Editor's Note: In November of 2004 the government announced findings that concluded
that Gulf War Syndrome was a real medical condition. However, findings in 2006 disputed this. The debate was settled in 2008 favoring that
Gulf War Syndrome was indeed real. Over
the next few years there will be further investigations into what can
conditions can be permanently linked to Gulf War Syndrome. There were extensive Congressional Hearings
in 2009 on how to address Gulf War Syndrome. Currently the VA pays compensation for a list of things linked to
Gulf War, and these provisions are in place until the end of 2011, but these
compensation provisions are not permanent at this time.
These symptoms include:
·
Chronic Fatigue
·
Signs and symptoms involving skin (including
skin rashes and unusual hair loss)
·
Headache
·
Muscle pain
·
Neurologic signs or symptoms (nervous system
disorders which could manifest themselves in numbness in one's arm, for
instance)
·
Neuropsychological signs or symptoms
(including memory loss)
·
Signs or symptoms involving upper or lower
respiratory system
·
Sleep disturbances
·
Gastrointestinal signs or symptoms (including
recurrent diarrhea and constipation)
·
Cardiovascular signs or symptoms
·
Menstrual disorders
Return to Table of Contents
Editor's Note: For more information on
Pension go to the following VA website:
http://www.vba.va.gov/bln/21/pension/vetpen.htm
Pension is not awarded in
connection with service time injury or illness. It is awarded if the veteran
can meet all of the following criteria:
·
90 days military service (or
more), that includes at least one day of wartime.
·
Permanently and totally
disabled from work by an NSC medical condition not caused by willful
misconduct,
·
Income under set limits and
an estate that cannot provide adequate maintenance.
·
If discharged after 1980, you
must have served 24 consecutive months of active duty. Or,
·
If service is less than 24
months you must have been discharged under other than dishonorable
conditions.
A full explanation of
Character of Discharge is given in 38 CFR 3.12. It is recommended that anyone who did not complete 24 months of
service serving after 1980 look at this reference and get assistance from
Regional Office on their particular case.
Currently, New Law Pension is
in effect. Some veterans may be on an older form of pension. It is possible to
convert to New Law Pension. There are differences in income deductions.
Veterans need to review this with Regional Office to choose what is most
advantageous.
Pension is meant to add a
very basic subsistence income. It provides a target level of income and
provides money to bring the veteran to that level.
The following is an
explanation of how VA NSC Pension works:
In this example we are
setting single rate Pension at a given year at the 800 dollar per month
level. If you made 799 dollars a month
from non VA sources, the VA would contribute that last dollar to bring you to
the 800 level. The VA is always to last contributor, and your income will not
exceed the target.
There is additional money
granted for dependents. Also, there is a raise in the target figure based on
disability. There is a Housebound and Aid and Attendance level of Pension.
Visually impaired veterans
with central acuity of 5/200 or less (both eyes, with best possible correction)
or visual field constriction to 5 degrees or less concentrically, and who meets
the other criteria for NSC Pension, are eligible for the higher A&A
award.
There are other medical
criteria that can be used to meet the HB* and A&A level, get with your VIST
Coordinator, a VBC, or a Service Officer for more information on this.
For more information on NSC
Pension request the VIST booklet Understanding Your Non Service Connected VA
Pension. As always, for more information contact your nearest Regional Office at
1 800 827 1000.
* Editor's Note: In
2006 the criteria for Housebound was redefined for those veterans 65 and older,
making it substantially easier for a veteran with a single NSC disability
considered at the 60% rate to be awarded Pension at the HB level. Congress at
times has considered doing away with this provision. Check with RO or a local SO for the most up to date information.
Return to Table of Contents
Until
2003 military retirees were not able to draw both their military pay and their
VA compensation in total. A series of
laws enacted by Congress has changed this.
Due to the fact that laws have been passed and amended frequently in the
intervening years the best source for checking on an individual's DoD portion
of entitlements is the Defense Finance
Accounting Service, DFAS:
Cleveland Center Retired Pay
Department (Code FRCCBB),
PO BX 99191
Cleveland, OH 44199-1126
1 800 321 1080
The following is a brief
synopsis of the Concurrent Receipt programs:
Types of Concurrent Retirement and Disability
Payments, CRDP
CR stands for Concurrent Receipt
Editor's Note: More information on CR
can be found at:
http://www.military.com/benefits/military-pay/retired-pay/retired-concurrent-receipt-overview
Under the current existing
law the following individuals are entitled to CR.
·
Individuals who retired from
the military after 20 years
·
Individuals who were boarded
out medically, but served 20 years of active duty
·
Certain individuals who
served 15 or more years, but exited the military on an early out program
·
Reservist with more than
7,200 points*
* Due to changes in
calculation of Reserve time, we recommend that all individuals check with DoD
to find the details of their own case.
To draw CR they must have the
following service connections
·
50% or higher for any
condition
CRSC stands for Combat Related Special Pay
Editor's note: More information on CRSC can be found at:
http://www.military.com/benefits/military-pay/special-pay/combat-related-special-compensation
Under the current existing
law the following individuals are entitled to CRSC:
·
Individuals who retired from
the military after 20 years
·
Individuals who were boarded
out medically, but served 20 years of active duty
·
Certain individuals who
served 15 or more years, but exited the military on an early out program
·
A Chapter 61 (medically
boarded) veteran, if the medical injuries were combat related. See explanation at the end of this section
for more details on Chapter 61.
·
Reservist with more than
7,200 points*
* Due to changes in
calculation of Reserve time, we recommend that all individuals check with DoD
to find the details of their own case.
There is a difference between
the two. CR is taxable. CRSC is not taxable. CRSC is based on those service connections
that are considered combat related (see below).
To draw CRSC they must have
the following service connections
·
10% or higher for any injury
associated with a Purple Heart
·
10% or higher battlefield
related condition that can be linked by evidence to the battlefield, these will
be decided upon by DOD based on evidence
Editor's Note: Agent Orange exposure in Vietnam is considered a battlefield related
condition, no Purple Heart is involved.
CRSC must be applied for.
There is an open season at the beginning of every calendar year. When a veteran applies for CRSC it is
supposed to be computed and compared to CR.
The veteran is supposed to be able to elect the one that is higher.
The veteran will always
receive the amount that is higher between CR and CRSC if they are a combat
injured veteran. However, CRSC must be
applied for. The details on this are
given below.
As originally projected this
was going to be a 10 step incremental increase for retirees to receive their
full VA and DoD payments. There have
been many changes and updates to Concurrent Pay over the last few years. It is best to get with DFAS to discuss your
individual case.
Who is not eligible
for CR payments?
Retirees who have
non-battlefield related service connected disabilities that are rated 40% or
lower.
Editor’s Note: There are many
terms being tossed around so let us go slowly here.
Below are three cases, all
are military retirees, one is not eligible for CRSC under current law:
·
Purple Heart battlefield
injury: A gunshot wound in Vietnam
(for example).
·
A non-Purple Heart
battlefield injury: Agent Orange
exposure in Vietnam.
·
A non-battlefield
injury: A veteran stationed in
California breaks their ankle in a basketball game and ends up with a 10%
service connected disability.
As public law is currently
written the last veteran (the broken ankle in California example) drawing
military retirement cannot draw compensation on top of the retirement pay. Their percentage is not high enough to
invoke CR pay, and the cause does not make them eligible for CRSC pay. The individual may choose to take their full
retiree payment from DOD, or waive a portion of the military pay in favor of
(VA) compensation. Waiving retired pay for compensation is appealing because
Compensation is tax-free. In this case a retiree who is 10% Service Connected
would waive roughly 100 dollars of their retirement pay and draw this 100
dollars tax free from the VA.
It is possible that a person
receiving compensation for Post Traumatic Stress Disorder, PTSD, can claim it
is battlefield related. They must
submit evidence that shows that the stressors causing PTSD are battlefield
related.
To
file for CRSC a veteran must apply through the branch of service that they saw
duty. The following are the contact
numbers:
Army 1-866-281-3254
Navy
and USMC 1-877-366-2772
Air Force 1-800-616-3775 or 1-210-565-1600
At
the time of revision of this booklet the request was filled out on a DD
2860. This form can be found at the
following website (if another source is used, be sure it is the September 2009
version of the form):
http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2860.pdf
Individual Unemployability: Beginning Oct. 1, Section 642 of the 2008 National Defense Authorization Act expanded the eligibility requirements for the Concurrent Retirement Disability Payment, or CRDP.
Retirees who were rated by the Department of Veterans Affairs as individually unemployable, or IU, and are receiving VA disability compensation as a result of IU status, are eligible to receive full concurrent receipt of both their VA compensation and retired pay.
Chapter 61: In the 2008 National Defense Act those
veterans who were medically discharged from the service due to combat injuries
became eligible for CRSC on a pro-rated basis.
This means that their time in service affects the percentage of full
CRSC payments. A veteran who served 10
years and was medically boarded out of the military would receive half as much
as a veteran who was of the same rank and medically boarded out at 20 years.
Not all individuals injured
in the service were medically boarded.
Some, especially during World War 2 were just released. Your discharge must reflect the Medical
Boarding process (Chapter 61) or you are not eligible. Also, you must have combat injuries. A motor vehicle accident in theater may not
be sufficient if no Purple Heart was awarded.
One final note on CRDP: An individual with a combined VA
compensation and Civil Service retirement is subject to different eligibility
and should check with their service branch on eligibility.
Return to Table of Contents
It is possible for a veteran
to draw disability retirement from DOD due to injury that occurred on active
duty. Though the rating process and procedure is exactly the same as the VA,
the results are not always identical. Plus, the calculation of disability pay
is in part based on rank and time in service, with no additional money for
dependents. It is to the advantage of the individual to file a claim with the
VA and compare which of the disability payments (VA or DOD) is higher. Based on this information the individual can
select which source to draw payment from.
A veteran on DOD Disability
with over 20 years of active duty should definitely consider filing for VA
compensation. They should also be
entitled to the new CR payments (if their disability is 50% or more) in
addition to compensation. And,
depending on the cause they may be eligible for CRSC payments.
Return to Table of Contents
When a veteran dies, any
benefit that was being received by the veteran from the VA is terminated. Any checks received from the VA or Social
Security Administration after death should be returned. If checks are direct
deposited to a bank, the bank should be notified to return the check. The
survivors will be issued a new check that covers the last month of the
veteran's life, but the check will be prorated to reflect the date of death in
the month.
When a veteran dies the
spouse and family may be entitled to certain benefits. To receive survivor
benefits the spouse or other dependents must apply for benefits. The following
looks at some of these possibilities.
Remember: To receive survivor benefits, the spouse
must apply.
Return to Table of Contents
For more information on SBP
go to:
http://www.military.com/benefits/survivor-benefits/survivor-benefit-plan-explained
Eligibility: Spouse of
retired military member.
SPB is a contributory plan
that pays the surviving spouse up to 55% of the military member's retirement
pay. Deductions are taken from retirement pay. Contributions are made even if
the retiree is drawing VA compensation instead of retirement pay.
Editor's Note: There is no longer an offset
between SBP and Social Security. A
surviving spouse receives his or her full entitlements.
Dependency Indemnity
Compensation, D.I.C., (see section below) has also caused a dollar for dollar
decrease in SBP in the past. Many
veterans waived SBP coverage because of this fact. The 2004 law that did away with the Social Security offset did
not address Dependency Indemnity Compensation offset, which is still in
affect. As part of the 2008 National
Defense Act the first offset for SBP – D.I.C. was enacted. This allowed collection of 50 dollars a
month, with a slight increase for each of the next 5 years. The amount is not nearly as significant as
this being the first step in the total removal of the SBP – D.I.C. drop in
payments.
Note: This formula was amended and slightly
increased by Congress in 2009, with an updated increased total amount. This provision is due to sunset in 2017
unless Congress revisits the matter.
DoD has made past
opportunities to buy back into SBP, for those who waived the program. For individuals who have wishing to buy back
in at a future date, they will need review the cost and their case to weight
the monetary benefit.
For more information on this
topic or other information for surviving spouses:
Or you can contact them at:
Society of Military Widows
National Headquarters
5535 Hempstead Way
Springfield, VA 22151
1-800-842-3451
Return to Table of Contents
Editor's Note: For more information on
D.I.C. go to:
http://www.vba.va.gov/bln/dependents/spouse.htm
Covered Under: P.L. 102-568
Veterans Benefit Act of 1992
Eligibility: Spouse of Veteran
who dies of a SC disability or who dies of any cause after being permanently
and totally disabled due to SC causes for over 10 years. Or, a spouse of a deceased veteran who fits
one of the following criteria:
·
Married to a veteran getting
VA Compensation for total disability continuously since released from active
duty and for at least 5 years.
·
Married to a veteran who was
a former prisoner of war, who was receiving VA Compensation for a total
disability for at least one year before death, and died after September 30,
1999.
·
Married to a veteran who
elected to receive military retirement or disability pay instead of the VA
Compensation for permanent and total disability for a period of at least 10
years.
The spouse must be a legal
spouse at the time of the veteran's death and was married to the veteran for:
one year or more, or any period of time if a child was born of the marriage (or
before the marriage). The spouse must prove cohabitation from marriage until
death unless the separation was through no fault of the spouse, such as
residence in a nursing home.
Editor's Note: The one year of marriage
represents a recent change in public law, and past cases excluded due to the
time requirements may reapply. Further, though the 10 year rule for a veteran
rated Permanent and Total allows a survivor to collect D.I.C. for any cause of
death (that is not willful), it does not entitle the veteran to Service
Connected burial allowances for Non Service Connected causes of death. See
section on Burial Allowances below.
Until 2004 remarriage ended
spouse eligibility for D.I.C. However,
now a spouse over the age of 57 is entitled retain D.I.C. when they remarry.
Annulment, divorce or death may reestablish eligibility for a former spouse who
does not meet this age criteria. A divorced individual being considered for
reinstatement reflects a 1998 change in Public Law. The VA may consider living
with someone else remarriage if the state of residence recognizes common law
relationships.
If a person applies for D.I.C.,
they must show proof that the veteran has died, and that the death was due to a
service connected cause. If the veteran was rated Permanent and Totally
disabled (100%) for more than 10 years (or meets one of the other criteria
listed above), non-service connected causes of death are also covered.
Editor's Note: Willful or neglectful causes of
death might not be covered for D.I.C..
Also, the new law covering
D.I.C. eligibility on remarriage after age 57 also covers the maintaining of
education, home loan, and burial benefits.
Under the 1992 law all new
cases of D.I.C. are paid at the same monthly rate. Prior to 1992 rank at time
of separation was used in computing rate. D.I.C. is not taxable, and rate paid
is not affected by other sources of income.
D.I.C. can allow payments for
dependent parents based on their income and the fact that the veteran claimed
them as a dependent while still living.
A dependent parent must file for D.I.C. payments.
Editor's Note: There are two additional
levels of payment above the basic D.I.C. rate based on the spouse’s
health. These levels are Housebound and
Aid and Attendance levels. The medical
criteria for these are the same as the ones that govern Compensation and
Pension payments for veterans. The
spouse must open a claim and show proof of health status. There may be a Compensation and Pension exam
at a VA facility. Check with RO for
rates and requirements.
As of 2005 there is also an
additional 250 dollar stipend in D.I.C. for surviving spouses with dependent
children under 18.
Those covered under the pre
1993 plan can convert to the current plan. The change is irrevocable so careful
study of the benefits of each plan is necessary.
FINAL NOTE ON D.I.C.: There may be instances when it is not clear if cause of
death is service connected or not. D.I.C. is filed for on a VA Form 21 534, if
there is question on the cause of death a spouse may check yes for box 7. The
VA will determine if the cause of death is linked to service connection or not.
Obvious items, like being struck by lightning there is no way around. Often
"Natural Causes" is listed as the cause of death, especially if the
official presiding was not a doctor. It may be necessary to obtain a more
precise cause of death to identify if the Service Connected disability was a
contributing factor to the cause of death.
It is recommended that you
use Box 48, Remarks, for additional information on the cause of death. You will also need to include a Death
Certificate and other medical information to corroborate your claim.
Return to Table of Contents
Editor's Note: For more information on Death Pension go to:
http://www.vba.va.gov/bln/dependents/spouse.htm
Non Service Connected Pension
was discussed earlier. A veteran is eligible if they meet certain criteria.
This includes:
·
90 days military service (or
more), at least one day during wartime.
·
Permanently and totally
disabled from work by an NSC medical condition not caused by willful
misconduct,
·
Income under set limits and
an estate that cannot provide adequate maintenance.
And
·
Twenty-four months of
continuous services, if the service time is after 1980. Or discharge under other than dishonorable
conditions (see earlier reference).
There is a counterpart of NSC
Pension for survivors. It is often referred to as Death Pension or Non Service
Connected Death Pension.
Eligibility is based on
income; period of veteran's service time, nature of discharge and the criteria
for marriage must be met. With this pension there is also increased payment for
increased incapacitation, though the individual (spouse) does not need to be
disabled to receive the basic pension entitlement. There are also benefits for
children under the age of 18 (23 if in approved schooling) and physically or
mentally incapacitated children if the deficits occurred before the age of 18.
Special Notes:
In initially filing for
benefit it is important to file within 45 days of death. This allows back pay
to the date of death. Insurance received in this time frame counts as income,
but medical costs count towards spending down income. Check with a VBC or
Service Officer, each case has unique potential benefits and drawbacks.
Remarriage ends benefits, but
a spouse can apply again if second marriage (and subsequent veteran death) is
to another veteran fitting the eligibility criteria stated above (and spouse
must meet the financial eligibility also).
A 2004 change to the law
excludes insurance payments at death as income. When filing it is best to check with RO.
Return to Table of Contents
Presently there is an offset
for D.I.C. and SBP referred to as Special Survivor Indemnity
Allowance. There is a 50 dollar a month offset initiated in 2008. This means when you collect D.I.C. you may
also draw an additional 50 dollars per month from SBP. This is scheduled to increase slightly on a
fixed schedule (see below).
In 2009 separate legislation updated
the offset. This will eventually raise
the rate to a approximately 4000 dollars a year. This law for payment from both D.I.C. and SBP is due to sunset in
2017, and if it is not updated, we will return to the same dollar for dollar
reduction that existed prior to the 2008 change.
In 2009 a Federal Court case
ruled in favor of a remarried (after the death of the service member) spouse 57
or over retaining D.I.C. and SBP. Any
spouse in this situation should check with DFAS on their SBP eligibility.
Special Survivor Indemnity Allowance, SSIA
SSIA payments terminate after FY2017.
Return to Table of Contents
NOTE: All Social Security
questions are best answered by the Social Security Administration, do not
depend on the information below, which is general in nature, to answer
questions in your individual case. You
need to speak with an SSA representative.
Up until 2007 rises in cost
of MEDICARE were not supposed to be greater than the amount of Social Security
increase in a given year. This changed
in 2007. There will be a scale of
contribution range to MEDICARE based on income. The target income threshold for 2007 is 80,000 dollars. Also, for consideration is that some
individual pay into MEDICARE Part D (prescription drugs). This contribution also adds to the cost of
MEDICARE premiums for individuals enrolled in MEDICARE Part D.
The following is an overview
of benefits with 2006 dollar amounts.
You need to check with Social Security for current amounts.
Widow - Currently there is a
$255 dollar lump sum payment upon death of a spouse. Other monthly payment is
dependent on age, work history and other conditions.
Working - You are covered by
your own Social Security plan. Retirement age and needed quarters of work is
gradually increasing. Check with your company or Social Security for you target
amounts and date of eligibility.
In cases were the husband
worked and the wife was non-working, Social Security is based on the husband's
work record. The following categories apply:
Non Working Women - You can
receive benefits on spouse's record if.
1. He gets retirement
payments and you are 62 or older
2. Receives payments because
of disability and your are 62 or older
3. Receives retirement or
disability payment and you regardless of age are caring for spouse's under age
16 (or disabled) child who is entitled to benefits.
Widow With Young Children -
You can receive a widow's benefit at any age if you are caring for a
(deceased's) child under age of 16, older if disabled, who is entitled to
benefits. Your unmarried children under the age of 18 (19 if in high school)
can receive monthly benefits also.
Remarried Widow - If you
receive widows or widower's benefits, checks are no longer terminated or
reduced if you remarry at age 60 or above. A disabled widow may remarry at age
50 with no change to benefits. This is relatively new in the law.
Divorcee - If you are
divorced at 62 or older, you can receive benefits on your spouse's Social
Security record for the next year provided that you have been married for at
least 10 years.
Divorcee who's Ex Husband
Dies: If you are the surviving divorced spouse benefits can start as early as
age 60 or 50 if disabled. Again, the 10 year rule is in place.
Return to Table of Contents
Social Security runs two
programs that assists visually impaired (defined as legally blind) individuals:
Social Security Disability
(SSD): Disabled workers under 65 and their families are eligible for Social Security
Disability payments provided that the worker has worked long enough to be
insured and is no longer gainfully employed.
Supplemental Security Income
(SSI): For blind and disabled and for people over the age of 65, SSI is
valuable for those who have little or no income and very limited resources.
SSI is not counted as income
by the VA in Means testing or against NSC Pension eligibility. Pension does affect
eligibility for SSI in some instances.
SSI is often linked to MEDICAID eligibility – so be careful in applying
for NSC Pension if you are dependent on MEDICAID health benefits. Speak with Social Security Office to ensure
that NSC Pension will not ruin your MEDICAID eligibility (if you are on
MEDICAID).
The VA does count SSD as
income. This can be a problem with means testing.
Editor's Note: There has been talk of keeping
MEDICAID benefits as a disabled person transitions into higher income. You need to check current laws if you are
affected. This can be done at the
Social Security Office.
The
rules on disability and working changed substantially in 2001. Congress
passed the “Ticket to Work and Work Incentives Improvement Act of 1999”, which
substantially expands opportunities for people with disabilities.
Thirteen
states started the “Ticket to Work” program in 2001. By the end of 2003 the entire United States was scheduled to be
covered by the program.
For more information call the MAXIMUS Ticket to Work Help Line:
1-866-968-7842 (TTY
1-866-833-2967).
If
you do not live in a ticket state but would like more information about the
law, you may call the Social Security toll-free number, 1-800-772-1213, and ask for the fact
sheet:
The
Ticket to Work and Work Incentives Improvement Act of 1999.
There
are additional rules and benefits for Blindness. For more information request the following booklet:
If You Are Blind Or Have Low Vision—How We Can Help (Publication No. 05-10052).
Excellent
online source for reviewing Social Security disability programs and procedures
are:
www.ssa.gov/disability/professionals/bluebook/
http://www.yourtickettowork.com/program_info
If
you are applying for Social Security Benefits for the first time, they will ask
you for the following:
·
Proof of death-either from funeral home or death certificate;
·
Your Social Security number, as well as the number of the deceased
family member;
·
Your birth certificate;
·
Your marriage certificate if you're the widow or widower;
·
Your divorce papers if you're applying as a surviving divorced spouse;
·
Dependent children's Social Security numbers, if available;
·
Deceased worker's most recent W-4 forms or federal self-employment tax
return;
·
The name of your bank and your account number so your benefits can be
directly deposited into your account.
Public
records like your birth certificate and marriage or divorce records must be the
originals or copies certified by the issuing agency.
Return to Table of Contents
Formerly CHAMPUS Civilian
Health and Medical Plan of the Uniformed Services
Editor's Note: TRICARE has an excellent
website with many helpful links and a thorough explanation of benefits,
providers, etc. To access the TRICARE online
website go to: http://www.tricare.org/ .
TRICARE is evolving to an
online service also. Go to TRICARE
Online (the link is on the website above).
If you are TRICARE eligible you may choose to enroll and use their
online service.
Eligibility:
·
Spouse and unmarried (minor)
children of active duty members.
·
Retirees, their spouses and
unmarried children (minor).
·
Unmarried spouses and
unmarried children of active duty or retired service members who have died.
·
Unmarried former spouses
(divorced or with the marriage annulled), without employer sponsored health
plan coverage, who were divorced on or after
February
1, 1983, after 20 years of marriage to service member who was on active duty
during those twenty years.
·
Unmarried children covered to
age 21 or 23 if in school. There may be
additional provisions for incapacitated children.
Editor's Note: TRICARE coverage ends at age 65
or once the individual becomes eligible for MEDICARE. The individual can enroll in TRICARE for Life, then TRICARE
becomes a secondary payer. If a
retiree is ineligible for MEDICARE, it is possible that they remain enrolled in
regular TRICARE for the rest of their
life.
Individuals under the age of
65 should check at the nearest military facility with the TRICARE Coordinator
or call the numbers provided below for updates on TRICARE.
Return to Table of Contents
There were significant
changes in TRICARE in 2001.
In April of 2001 the TRICARE
Senior Pharmacy Program began.
In October of 2001 TRICARE
Senior became TRICARE for Life. This is
an enrollment program open to retired military and their spouses who are age 65
or older if they are eligible for MEDICARE Part A and they pay into MEDICARE
Part B.
For retirees under the age of
65 TRICARE can be selected at 3 levels:
Prime
Extra
Standard
Editor's Note: There are other TRICARE
programs, such as TRICARE Plus. Check
the website (provided below) for more in-depth information on these plans and
where they are available.
You need to check with the
TRICARE representative for the details and costs of each plan. New in 2006 was a TRICARE Standard
Newsletter. It is published once a year
and will go automatically to those enrolled in TRICARE Standard.
TRICARE for Life
This form of TRICARE appears
to be comparable to MEDICARE gap insurance.
TRICARE is a second payer and the individual must pay the remaining
expenses.
Cost: MEDICARE Part B premiums will go to DOD and
you are not able to enroll in other HMOs.
As of 2005 you must be enrolled in MEDICARE part B to participate in
TRICARE for Life.
Eligibility: Uniformed Service retirees and family
members, age 65 or older enrolled in MEDICARE Part B, and other retirees
(regardless of age) who are MEDICARE eligible and enrolled in MEDICARE Part B.
Service:
For services payable by
TRICARE and MEDICARE, TRICARE will be the second payer.
For service payable by
TRICARE but not MEDICARE, TRICARE will pay and you pay annual deductible and
cost share
For services payable by
MEDICARE but not TRICARE, MEDICARE pays as usual, and TRICARE pays nothing.
For services not payable by MEDICARE
or TRICARE, you are responsible for the cost.
Note: In February 2008 TRICARE for Life, TFL, went
to an electronic Explanation of Benefits, EOB option. TFL beneficiaries (should have) received letters
notifying them of the changes, either with their current EOB's or any other
correspondence. If there are any
questions about the registration process beneficiaries can call toll-free at
1-866-773-0404. Those requiring a Telecommunications
Device for the Deaf (TDD) can call 1-866-773-0405.
TRICARE Pharmacy
One of the big improvements
in TRICARE is the new pharmacy services these include prescriptions filled at
the following:
Military Treatment Facilities
no cost
National Mail Order Pharmacy $3 for generic 90 day supply
$9 for brand name 90 day supply
$22 for a 90 day supply of certain high cost drugs.
Civilian Retail Network Same cost as Mail Order
Civilian Retail Non-Network $9 or 20% of the cost for 30 day
supply
In 2005 TRICARE went to a
three tier pharmacy system. Certain
non-formulary medications were provided
at a $22 copay. The number of
medications in this category has steadily increased.
Note: In 2009 and 2010 Congress froze hikes in
TRICARE costs, however DoD has already proposed increases for FY 2011.
MEDICARE considers TRICARE as
a recognized provider of prescription medications. This means that if a veteran decides to enroll in a private plan
in the future (MEDICARE Part D) there is no penalty.
TRICARE has a dental plan,
but costs vary with section of the country that you live in. You need to check the details with a TRICARE
Dental representative.
A spouse can be enrolled in
TRICARE for Life and the retired veteran not enrolled in TRICARE for Life.
TRICARE for Life excluded
enrollment in other HMOs. A person
needs to carefully look at the pros and cons of this system. TRICARE has guidelines on what it will and
will not pay for.
The following are key TRICARE
phone numbers (and links if you are reading electronically):
Eligibility (DEERS) 1-800-538-9552
To access different TRICARE
plans:
http://www.tricare.mil/mybenefit/home/overview/Plans/PrimeRemote
Mail-Order Pharmacy 1-877-363-1303
http://www.tricare.mil/mybenefit/home/Prescriptions/PharmacyProgram
Dental
http://www.tricaredentalprogram.com/tdptws/home.jsp
TRICARE for Life
1-866-773-0404
http://www.tricare.mil/mybenefit/home/overview/Plans/LearnAboutPlansAndCosts/TRICAREForLife?
The TRICARE website is a
search engine for benefits throughout the country. This can be accessed at:
http://www.tricare.osd.mil/faqs/default.aspx;
under "Word Search" type in "TRICARE For Life" or under the
"Advanced Search" use the drop down menu, and choose category
"TRICARE For Life/Dual eligible", subcategory "All" and
then hit "GO".
Final Note On TRICARE
DEERS = Defense Enrollment
Eligibility Reporting System
TRICARE may refuse to pay
claims if the individual has not kept their DEERS information up to date.
To
update your DEERS information:
Return to Table of Contents
CHAMPVA Civilian Health and
Medical program of the Department of Veterans Affairs.
Editor's Note: In 2005 the CHAMPVA website
underwent radical change. It is now a
much more informative, user friendly package.
To access the website go to:
http://www.va.gov/hac/forbeneficiaries/champva/champva.asp
There is now a way to
electronically monitor many aspects of your own healthcare through the use of
MyCHAMPVA. It is an online
service. The link to this is on the
main CHAMPVA website.
Eligibility:
1. Spouse, or child of a
veteran who has a total disability resulting from a service connected
disability. In plainer terms, a veteran
who is 100% SC.
2. The surviving spouse or
child of a veteran who dies as a result of a service connected disability, or
who at the time of death had a total disability resulting from service
connected disability.
Editor's Note: Individuals are not eligible
for both TRICARE and CHAMPVA. Once an
individual has TRICARE, CHAMPVA is not an option.
Benefits:
1. Functions like health
insurance
2. Care usually provided in
non-VA facilities.
3. VA facilities may be used
if they are equipped to provide care.
MEDICARE terminates coverage
at age 65, unless the individual enrolls CHAMPVA for Life, details given below.
In limited instances the
spouses of veterans are provided health care at a VA under the CITI
program. You need to check with CHAMPVA
to see if these services are available in your area.
A web resource on CITI
contacts can be found at:
http://www.va.gov/HAC/forbeneficiaries/champva/docs/CITIFacilityPhoneNumbersList.pdf
Change in CHAMPVA in
2002: Remarriage use to end a spouse’s
CHAMPVA eligibility, however now remarriage at age 55 or older allows the
individual to remain in the CHAMPVA program.
CHAMPVA for Life
The 2001 law change on
CHAMPVA in many ways mirrors the changes in TRICARE for Life. The program allows enrollment and excludes
the individual from being enrolled in another HMO.
To be eligible a person must
meet the following conditions:
Turned 65 prior to June 5,
2001 and only have MEDICARE Part A, you will be eligible for CHAMPVA without
having to have MEDICARE Part B.
If you turned 65 before June
5, 2001 and have MEDICARE Parts A and B, you must keep both parts.
If you turn age 65 on or
after June 5 2001, you must be enrolled in MEDICARE Parts A and B to be
eligible.
Editor's Note: A disabled child of a veteran
might be considered eligible for this program.
It is possible that a non eligible for MEDICARE individual who is over
65 and the spouse of a veteran is eligible for CHAMPVA for Life.
As with TRICARE for Life,
CHAMPVA for Life always pays after MEDICARE.
CHAMPVA does have a Pharmacy
System.
If you have a Pharmacy Plan
under another provider CHAMPVA may pay the deductible.
There is a “Meds by Mail”
options that is supposed to provide medications for free.
There is also a Medical
Matrix of 45,000 pharmacies that require a 25% cost share after an initial deductible.
CHAMPVA has some quirks. It will pay the MEDICARE Deductible for an
inpatient stay. This is very
positive. However, like any HMO there
are patient costs. These need to be
carefully researched before choosing any health option.
For more information on
CHAMPVA or CHAMPVA for Life contact:
Recorded explanation of
CHAMPVA (24 hours a day) 888 289
2411
Address The Health Administration Center
PO Box 469028
Denver, CO 80246-9028
Email hac.inq@med.va.gov
Phone 1 800 733
8387
Phone times: 9 a.m. – 1:30 p.m. and 2:30 – 5:00 p.m. (all Eastern Time)
Website: http://www.va.gov/hac/forbeneficiaries/champva/champva.asp
Return to Table of Contents
You can enroll for the
MEDICARE program at your local Social Security Office. This is not meant to be
an in-depth look at MEDICARE, so direct your questions to the Social Security
Office.
MEDICARE Part A. This helps
with hospital bills. You are eligible for Part A (and Part B) if you are 65 or
older, or if you are disabled and have been receiving Social Security
Disability for a period of two years. Part A is free for those who have
contributed to Social Security. Part A can be purchased for those who have not,
but it is expensive.
MEDICARE Part B. This goes
towards the paying of other medical bills (besides hospital coverage). There is
a premium involved with this coverage. Only if you have received SSD for 24
months will you be offered Part B without the premium.
NOTE: In 2007 income has effect on the amount paid
to MEDICARE. Individuals earning over
80,000 dollars (160,000 for individual and spouse) will be paying higher
premiums. There is a three year phase
in portion to this program.
MEDICARE Part D. This is prescription drug coverage. This went into effect on January 1, 2006. Part D coverage was increased greatly in
the Health Bill passed in 2010. The
coverage for medications is supposed to be total eventually if the bill remains
unaltered.
MEDICARE recognizes TRICARE
and VA enrollment as enrollment in a recognized prescription drug plan. This means there will be no penalty down the
road if one enrolls in an outside drug plan.
Editor's Note: For
those veterans on NSC Pension, legitimate medical deductions that are not
reimbursed are paid for by the VA once a specific cost threshold has been
crossed.
Return to Table of Contents
MEDICAID is a state run
program. It can pay hospital, doctor and prescription bills at fixed rates
determined by the state. This means the entire bill may not be covered.
Eligibility is based on need as determined by income and other resources.
People on SSI automatically qualify for MEDICAID. Others who are legally blind
or visual impaired may qualify, but this is based on finances.
Return to Table of Contents
The Veterans' Health Care
Eligibility Reform Act of 1996 widened coverage of Veterans by the VA. The current administration has further
increased the envelope. Veterans who are not service connected, not on NSC Pension, or over a certain income
limit, may have to pay a copay for services.*
You need to check with your local VA to get more details.
The rules on amount charged
for copay changed in 2001 with different levels for different types of visits
(treatment received). The maximum fee
is still based on MEDICARE Part B deduction of inpatient stays, or outpatient
office visits.
All veterans who are not 50%
service connected or higher, or not on NSC pension, or with income level below
a prescribed amount may be required to pay a medications copayment. The only exception is when the medication is
for a service connected condition or if the medications are related to a
specific study that the veteran has agreed to be involved with and it is
stipulated that there is no copayment for medications.
Editor's Note: If a veteran is service
connected at 0% they do not pay a copay for their service connection. At the time this was written, there are no
visit or medication copayments for those veterans who are categorized as catastrophically
injured. Legal blindness is considered
a catastrophic condition. Catastrophic
designation must be filed for and is not automatically granted.
VA prescription copays are
currently 8 dollars for medications, 9 dollars for those veterans in Priority
groups 7 and 8. The level of copay for
medical visits is dependent on the specialty rating of the clinic. There is no copay cost to see your VIST
Coordinator, but there is a $15 charge to see the Blind Rehab Outpatient
Specialist. There is a 50 dollar copay
to be seen in a specialty clinic.
Veterans
serving after 1980 must meet the criteria of 24 consecutive months of active
duty or be service connected, fulfilled a full Reserve or National Guard term
on active duty, or currently on NSC Pension to be eligible for VA health care. Check with your local VA's business office
to verify eligibility.
For
more information on Copayments go to:
http://www4.va.gov/healtheligibility/costs/OutpatientPrescriptionCopay.asp
Veterans
should consider enrollment in the electronic page for veteran health care. It is a great way to order medications and
to find medical information. The
website is:
Return to Table of Contents
The VA pays for nursing home
care in some circumstances. Payment for
such care is usually linked to service connected disabilities, or other
conditions linked to VA care.
In May 2004 the pilot program for Nursing Home coverage was
extended to 2008 for the certain service connected veterans. Check with your local VA for more
information. Veterans covered by this program include:
·
Is seeking nursing home care for a SC
disability, or
·
Is rated 60 percent SC and unemployable, or
·
Is rated 60 percent SC and P&T, or
·
Has
a combined SC disability rating of 70 percent or more.
Return to Table of Contents
For more information on
Dependents Education go to:
http://www.gibill.va.gov/post-911/other-programs/dea.html
The entire program is found
in Chapter 35 of 38 CFR (Code of Federal Regulations). There are a few ins and
outs here so we will try to highlight the most important. All education programs are handled by
RO. Check with them for more
information about your specific case.
For additional information on
Chapter 35 benefits go to:
http://www.gibill.va.gov/pamphlets/CH35/CH35_Pamphlet_General.htm
Eligibility:
·
Spouse of any veteran who
died of a service connected disability.
·
Spouse of veteran who is
totally and permanently disabled (from a service connected disability). Normally, this is a 100% SC veteran.
·
Spouse of service member
listed as missing in action.
·
Spouse of veteran who died of
a disability while the disability was being evaluated for service connection
(and subsequently found SC).
Eligibility Window:
* Time: For the spouse there
is a 10 year window based on the veteran becoming
100% Service Connected and
permanently and totally disabled, or death due to a Service Connected
condition. If the person became permanent and total in 1990 the window would
extend 10 years from that date. It would not be extended by death from a
Service Connected cause in 1995.
As of 2005 this 10 year
window has been extended to 20 years for any spouse when the veteran’s death
occurs on active duty.
Entitlement:
* Training: College, Junior
College, Normal school, Professional School, Technical Institute, and other
institutions that function at the secondary school level or above. Receiving a
high school diploma may be part of the education process (or a G.E.D.).
Remedial or refresher training may also be included. Also, apprenticeship
programs, for on the job training, apprenticeship and farm cooperative training
may be approved. This scope was
expanded in 2005. It is advisable to
check with VA Vocational Rehab on individual programs.
Counseling can be provided
and there is tutor assistance with stipulations.
Money, a person in college
full time would draw a monthly stipend (check RO for current dollars per
month). Even more significant is the fact that you can concurrently draw D.I.C.
and other pension or compensation. This greatly enhances dollar amounts.
Finally, being 100% SC does
not automatically guarantee this entitlement to spouses. Service connection for
Paired Organs excludes this benefit.
Editor's Note: A person cannot just one day
decide to go to college and use these benefits. They must make an appointment with RO and establish
eligibility. Then they must present an
education plan. The best approach is to
make contact with RO early and go through the steps of developing and getting
approval of an education plan.
Return to Table of Contents
Eligibility:
* Children between 18 and 26
(remember the veteran must be eligible through SC for the Dependent Education
entitlement). Younger than 18 may be allowed if high school is completed. The
26 may be waived also, but 31 is currently the absolute limit.
Entitlement:
* 45 months of schooling.
Part time schooling may not count as a full month to month basis. Other VA
schooling eligibility may affect this.
Schooling Possibilities:
These are the same as for spouse except, obtaining a high school degree is not
covered. Makes sense if you think about it.
Restorative training, for
handicaps is allowed.
* Money: Check with RO for current amounts and
conditions.
Other information:
Marriage, child's marriage
does not curtail benefit.
Only 2 changes are allowed in
program, or major.
Foreign schools must be
approved prior to enrollment.
Use of the education benefit
might have consequence in regards to future compensation or pension entitlement
(of the dependent child). A veteran
cannot draw dependent compensation while the child is drawing educational
benefits. Even though Dependent
Education is handled by RO, they depend on the veteran to notify them of the
education status of the child. If this
is not done the veteran may be overpaid.
The VA will take this money back when they discover the error. This is a consideration that should be
researched and resolved with RO prior to commencing an educational program.
The forms that are used to
file for the education benefit:
VA Form 22 5490 for children
VA Form 22 5490W for spouses
To get these forms online go
to: http://www.va.gov/vaforms/search_action.asp
Editor’s Note: There is now a
class of Service Connected children based on the veteran parent being exposed
to Agent Orange. This is different than
dependent children. These children draw
VA compensation at a special rate due to their own disabilities, and are
entitled to VA Health Care, and Vocational Rehabilitation Training.
Return to Table of Contents
In
July of 2008 the newest form of GI Bill was enacted. It is referred to as Chapter 33, and is only available to those
veterans who served after 9/11. It began
paying benefits in August of 2009. It
provides 36 months of benefits and many other allowances for the veteran. This is the first GI Bill which is transferable
for use by the spouse or children (this was triggered when the servicemember
re-enlisted. The ability to transfer
the benefit does not exist for a single enlistment). Not all of the entitlements are transferable. Portions such as the housing stipend are
not provided if a dependent uses these benefits.
For those dependents who may
be eligible for both Chapter 33 and Chapter 35 benefits there is still a
ceiling on the total number of months of eligibility and provisions that must
be followed to switch between plans.
Check with RO for more details.
Return to Table of Contents
The VA website for GI Bill
1-888-GIBILL-1
(1-888-442-4551)
SECTION 5:
IN THE EVENT OF DEATH
When a veteran dies, the
spouse or family must take care of certain arrangements. The following is a
suggest guideline for doing this:
·
Contact Funeral Director
·
Contact your Clergy
·
Furnish the funeral director
a copy of the veteran's discharge, DD 214, Veterans Administration claim
number, if known, and the veteran's social security number.
·
The funeral director will
apply for the amount allowed from the VA toward burial expenses and also the
allowed amount from Social Security for burial.
·
The funeral director will
apply for the US Flag to drape the casket or contact local postmaster for a
flag.
·
Funeral director will request
military honors if the family desire.
·
Spouse can use a Veterans
Benefits Counselor, a Post Service Officer for assistance to apply for the
following if appropriate:
·
Widow or children
compensation
·
Widow or children pension
·
VA Death benefits:
·
-Death Benefit
-Burial
Plot allowance
-Headstone
or Grave Marker
Note: There are details on
these programs in this book, or check at your local Regional Office for more
information. If the veteran is drawing
Compensation or NSC Pension from the VA, you will want to contact the VA
immediately. To do this phone:
1 800 827 1000
Important documents to have
available for the VA and Social Security:
· DD 214
· Marriage License
· Birth Certificate
·
Death Certificate
·
Veterans social security card
and number, VA claim number
·
Divorce papers (if
applicable)
·
Adoption papers (if
applicable)
·
Proof of age.
(See earlier section on
Social Security to see what they require in filing).
Social Security Hotline: 1 800 772 1213
County or State benefits:
This varies from state to state and county to county. Individual must check in
the area of residence.
Insurance: A death
certificate is always required to receive payment.
Note: If Veteran is drawing
Retired Duty Pay from the Department of Defense there is a need to contact
DOD. You may need to contact the
following Departments:
Defense Finance and
Accounting Service
Cleveland Center Retired Pay
Department (Code FRCCBB),
PO BX 99191
Cleveland, OH 44199-1126
1 800 321 1080
If there is a death notify:
The Retired Casualty
Section: 1 800 269 5170
Return to Table of Contents
The VA has an excellent website on Burial Benefits
at:
http://www.cem.va.gov/CEM/bbene_burial.asp
The following is a series of
questions and answers on various burial benefits. It can be complicated to
separate out the entitlement. Death causes stress in all families and it is
best to obtain assistance when filing for these benefits.
* Who can be buried in a
National Cemetery?
http://www.cem.va.gov/bbene/bbene.asp
1. A vet who served on active
duty and discharged under other than dishonorable conditions.
2. Persons who die on active
duty.
3. A reservist who dies while
hospitalized or undergoing treatment at government expense or dies as a result
of an injury or disease contracted while on active duty (Reserve includes
National Guard)
4. Member of Army, Navy or
Air Force ROTC that dies traveling to or attending authorized training camp or
practice cruise, or you die while hospitalized or under treatment at government
expense for an injury or a disease incurred at camp or in travel to camp.
5. Those who served during
war with an allied force and are a U.S. citizen when you die.
6. Unmarried spouse who
survived the veteran, and remarried spouse over the age of 57.
Editor’s note: This reflects a 2003 change in the law. Up to this time remarriage to a non-veteran
terminated burial rights.
7. Veteran's minor child.
Remember that there are
people in your medical facility that deal specifically with death and burial.
Usually, this is called Decedent Affairs.
* Can anyone eligible to be
buried in a National Cemetery be buried in any National Cemetery that they
want?
The answer to the question is
No. Some of the existing National Cemeteries are already full, and it is
impossible to be buried in them.
Currently the VA maintains
well over 100 National Cemeteries. You cannot specify the cemetery in which you
want to be buried; it is a matter of space availability in an existing
cemetery. You cannot reserve a space in advance. Estimates run as high as 10%
of veterans eligible for this service utilize it.
The VA is attempting to
expand its cemetery capacity. To reach
the VA Cemetery Service call:
1 800 697 6947
Or go to: http://www.cem.va.gov/bbene/need.asp
* Are there cash payments
from the VA when a veteran dies?
1. For deaths prior to December
18, 1989 there was a cash allowance for grave markers for those that did not
use government-furnished headstones. This was in the 100 dollar range. In cases
of death after this date, there is no allowance. Originally there was a two
year window to apply, but General Counsel reversed this, and there is no time
limit for application. The rule for the
provision of markers for graves with existing markers was modified in
2008. The wording on the regulation is
very, very confusing. It is worthwhile for an individual to obtain assistance
at RO. Or called VA headquarters on
this:
Director of Memorial Programs Service (MPS),
National Cemetery Administration,
Department of Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC
20420. Telephone: (202) 501-3060 (this is not a
toll-free number).
2. Reimbursement for Burial
Allowances. There are 4 different kinds:
For more details on this go
to:
http://www.cem.va.gov/bbene/benvba.asp
a.
Service Connected Death
a.
There is a payment, but the
VA must agree that the death was linked to an SC cause. The amount is about
$2000. And since it is reimbursement it probably should be stated as up to
$2000.
b. Non Service Connected
Death
Please note, you must be
drawing compensation or pension from the VA or have a claim pending and the
claim must be sufficient to allow the awarding of benefits. If the death is
from a non-service connected cause the amount is about $300.
This dollar amount can be
available in two other instances:
- A veteran with a non SC
disability dies in a VA hospital, a VA nursing home (or one paid for by the VA)
or a domiciliary (VA)
- The CFR (Code of Federal
Regulations) at 3.1600 makes this payment allowable to vets with no next of kin.
c. Plot Allowance
There is a $300* allowance
for a vet discharged from active duty due to a disability, died while receiving
pension or compensation, or died while in a VA facility. This is not paid when
a National Cemetery is used. This allowance is not available if the cause of
death is service connected, and then it is covered under the first allowance
mentioned.
* This amount will increase
to 700 dollars on 1 October 2011, and then be recalibrated yearly.
There is a 2 year window in
filing for this.
d. Transportation Expenses to
a National Cemetery
This allowance covers
shipping, permits, shipping case, cost of sealing the case and two pickups by a
hearse. It is covered by 38 CFR 3.1606.
This is not available to
everyone. It is available when a person: Dies of a service connected death, and
is in receipt of compensation, or could be (they may be drawing military
retirement instead). Or, the vet dies in VA facility.
There is no deadline on
filing for this.
Cremation
There are certain benefits
and reimbursement related to cremation. It is suggested you contact Regional
Office for further details on entitlements, to include interment at a National
Cemetery.
Requesting a Ceremonial Flag
http://www.cem.va.gov/bbene/bflags.asp
Flags may be obtained by
going through:
·
VA Regional Office
·
National Cemetery And
·
Most Post Offices
A Presidential Memorial
Certificate can be obtained from Regional Office.
Eligibility for a Ceremonial
flag includes other than dishonorable discharge and any of the following:
·
Veteran of any war
·
Served at least one
enlistment
·
Discharged for active service
for a disability incurred or aggravated in the line of duty
·
Served after January 31, 1955
The VA will not reimburse for
privately purchased flags.
PLEASE NOTE: In the event of
death, VA checks for the month of death must be returned to Regional Office. As
of October 1996 the family will be paid for the final month (prorated). The
original check must be returned because there is no one to legally endorse it.
Return to Table of Contents
A veteran may have many types
of life insurance. First, there is any type of private insurance purchased. Second,
the veteran may have elected to keep Servicemen's Group Life Insurance after
discharge from the military. This
would have eventually been converted into term National Servicemen's Life
Insurance, NSLI, or United States Group Life Insurance. Currently, only NSLI is
used for new enrollees.
For more information on Life
Insurance go to:
http://www.insurance.va.gov/miscellaneous/
After a successful claim for
Service Connected disability there is a two year window to file for Service
Disabled Veterans Insurance. This is done through Regional Office. The
insurance offered is term insurance.
Editor's Note: To be eligible for insurance
connected with a claim you must have left the service after April 1951. It is important to note that a Will will not
change the beneficiary prescribed on an insurance policy. It is important to
check policy to ensure that information is current.
A veteran can sign for life
insurance at the Regional Office, but two offices monitor policies nationally.
To reach the office handling life insurance nearest you use the following
number: 1 800 669 8477.
The office for SGLI is:
Office of SGLI
213 Washington St.
Newark, NJ 07102-9990
Return to Table of Contents
Military retirees have access
to BX and Commissary privileges on military bases. Individuals collecting 100%
VA compensation also have these privileges. In the event of death of the
veteran the spouse retains these privileges.
As of 2005 permanent ID cards
will be issued to dependents 75 years of age and older.
Return to Table of Contents
The VA:
The law for remarried spouses
has changed numerous times. Prior to Nov. 1, 1990 a spouse divorced from a
veteran and remarried could regain status as a surviving spouse if the second
marriage ended in a divorce. The law on this changed from 1990 - 1998, the
spouse during this time period could not regain benefits if he or she ended the
remarriage through divorce.
In the summer of 1998 the law
changed back to the pre November 1990 status in regards to D.I.C.. Once again a
spouse could regain their benefits by divorcing.
Annulment does restore your
status as surviving spouse. This is true even after the Nov. 1, 1990 date.
Due to the changes in the law
during the last decade it is strongly recommended that a spouse who has
remarried and divorced, go to Regional Office or a Veterans Benefits Officer to
clarify their exact benefit status.
DOD:
There are rules in the case
of divorce, for military members these include:
It is foregone conclusion
that after a certain period of marriage a court can award a portion of
retirement pay after 10 years of marriage. The amount can vary from nothing to
65% dependent on children, the split of community property, debt, etc.
Without the veteran's
consent, disability retirement cannot be sent to the spouse even if there is a
court order that it must go.
The spouse may have medical
benefits and commissary and exchange privileges based on:
The 20 20 20 rule.
20 Years of marriage
Servicemember spent
20 years on active duty
20 years of marriage occurred
while vet was on active duty
Remarriage ends these
benefits, but death, divorce or annulment ending second marriage can lead to
restoring BX and commissary privileges.
The spouse may have medical
care for life after divorce based on the 20 20 15 rule:
20 years of marriage the vet
spent 20 years on active duty.
Between 15 and 20 years of
marriage occurred during the active duty period.
The final divorce decree was
before April 1, 1985
Remarriage ends this benefit.
The spouse may get I year of
medical care if they meet only some of the 20 20 15 provisions.
These rules are complicated,
assistance is recommended.
There is a support group and
information center for divorced military wives:
EX-PARTNERS OF
SERVICEMEN/WOMEN
FOR EQUALITY (EX-POSE) PO Box
11191
Alexandria, VA 22312
(703) 941 5844
www.EX-POSE.org
Editor's Note: It would seem logical that a
spouse who meets the 20 20 20 rule qualifications would be eligible for TRICARE
for Life, however we could not clarify this point at the time of publication.
Return to Table of Contents
The VA may find for the
second wife it can be established that she had no knowledge of the first wife
or the illegality of the marriage. This is complicated if the first wife asks
for benefits; double payments go down hard with the government. In the case of dependent children,
illegitimate offspring are recognized as dependents.
Return to Table of Contents
What to do if a check from
the VA is lost:
1. Notify RO. You may be told
that you have to put this in writing requesting a replacement check.
Replacement can take weeks.
2. If the person needs the
money for basic things, such as buying food, paying the rent ET. Cetera,, the
vet can go to RO and speak with the Agent Cashier. They may or may not help. A
person has the right to call their local Congressman and ask for favorable
treatment.
VA checks are invalid after
one year. You would write to Regional Office for a Replacement checks if you
had been hoarding them in a mattress etc.
Checks are mailed to arrive
at the first or second of the month. A vet should be concerned if a check is
not received by the fifth.
The best action is to sign up
for direct deposit. This is a very easy, safe process.
Return to Table of Contents
IRS rules are always
being updated. Verify the following
with IRS to ensure that you are following current law.
In the year of the veteran's
death the spouse and veteran will be considered as though they had been married
for the entire year. If the spouse does not remarry in that tax year, there is
the option for filing a joint return and claiming exemptions for both.
The surviving spouse may be
entitled to the surviving spouse benefit. This enables the spouse to compute
taxes using the tax rate schedule under the heading "married taxpayers
filing joint returns and certain widows and widowers". There is the
potential of substantial tax savings.
To qualify you must:
1. You must be entitled to
file a joint return for the year of death. (You don't have to actually file
jointly).
2. You have not remarried
3. You have a child or
stepchild who qualifies as your dependent; and
4. You furnish over half the
maintenance of your home, which is the principal abode of your dependent child
or stepchild, except for temporary absences.
Check with the IRS for
eligibility to file in this category.
Return to Table of Contents
There are instances where a
spouse can use the points that a disabled veteran has towards a government
position. Normally, the veteran's SC disability must stop them from returning
to their normal line of work.
Questions on eligibility to
claim this point preference by the spouse should be researched with your
nearest Regional Office. They must certify that you are eligible before you can
use the benefit.
Return to Table of Contents
In October of 2008 President Bush signed an executive order directing
federal agencies and departments to bypass competitive hiring rules and
directly hire certain military spouses to civilian federal jobs. The spouses
covered are those who are either:
· Spouses of military service members who are on active duty under orders
that authorize a permanent change of station move — assuming the spouse is
moving, too.
· Spouses of totally disabled retired or separated members of the armed
forces.
· Widows or widowers (who have not remarried) of service members killed on
active duty.
It is not fully clear how
this will impact federal employment.
However, our recommendation for a spouse who is seeking employment and
meets the criteria above would be to go the Human Resource Office of a facility
such as a VA Medical Center (or other federal agency) and inquire about the
procedure.
Return
to Table of Contents
Veterans Service
Organizations may be of great assistance to a veteran or the family of a
veteran in filing a claim, or assisting in other paperwork. Normally they request the signing of a
"Power of Attorney" form.
This is not an actual Power of Attorney if they use a VA Form 21- 22,
Appointment of Veterans Service Organization As Claimant's Representative. If they want you to sign other legal
documents you should review with a lawyer.
A service organization needs
the VA Form 21-22 form signed so that they can (with the proper release of
information form signed) review a veterans claim file.
If the veteran has a
guardian, the guardian must sign. If the veteran dies the form is revoked. If
dealing with a dependent's benefits, and they are over 18, they must sign.
Due to the current war, there
has been the formation of a number of non-profit groups that have focused on
assisting veterans from the Global War on Terrorism. Be careful and try to check out every organization before dealing
with them, especially in the area of release of information. They may be very willing to help you, but
you may find your story on their website.
They may not be bound by the same release of information rules that the
VA or DoD adhere to.
There is a list of service
organizations below, however it is not likely that they all have offices in the
area where you reside. Check and see
what organizations have offices in your area.
The following are service
organizations that the VA recognizes:
American Legion
American Red Cross
American Vets Committee
ANWETS
American Ex-Prisoners of War,
INC.
American Defenders of Bataan
and Corregidor
American G I Forum
Army and Navy Union, U.S.A.
Army and Air Force Mutual Aid
Association
Blinded Veterans Association
Catholic War Vets of the
U.S.A.
Congressional Medal of Honor
Society of the U.S.A.
Disabled American Veterans,
D.A.V.
Economic Opportunity Military
Justice Clinic
Fleet Reserve Association
The Forty & Eight Gold
Star Wives of America
Iraq and Afghanistan Veterans
of America
Jewish War Veterans of the
U.S.
Legion of Valor of the U.S.A.
Inc
Marine Corps League
Military Order of the Purple
Heart
National Amputation
Foundation, Inc
NCOA of the U.S.A.
Navy mutual Aid Association
Paralyzed Vets of America,
Inc.
Polish Legion of American
Vets, U.S.A.
Regular Veterans Association
Retired Enlisted Association
Seattle Vets Action Center
Sword to Plowshares
United Spanish War Veterans
Veterans of Foreign Wars,
V.F.W.
Veterans of World War I of
the U.S.A.
Vietnam Era Veterans
Association of Rhode Island
Vietnam Vets of America
Wounded Warrior Project
Also, there are Veteran State
Service Officers who may assist you with VA benefits matters.
Return to Table of Contents
*VAF 21-526 Veterans
Application for Compensation or Pension
Used to apply for a Service Connected disability or NSC
Pension
VAF 21-4138 Statement in
Support of Claim
Used
to reopen an existing claim.
VAF 21-8940 Veterans
Application for increased Compensation Based on Unemployability
Used
to apply for Unemployability based on SC disability.
VAF 21-8678 Application for
Clothing Allowance
Used
to claim clothing allowance based on wear caused by SC disability.
VAF 10-10d Civilian Health
and Medical Program of the VA (CHAMPVA)
Used
to apply for CHAMPVA benefits.
VAF 21-534 Application for
Dependency and Indemnity Compensation, Death Pension and Accrued Benefits By A
surviving Spouse or Child
Used
to apply for benefits from SC death.
NOTE: A parent who is a
dependent files for D.I.C. they use VAF 21-535. Rules on outside income and
payment are different for dependent parents as compared to spouses. Checking
with Regional Office is strongly recommended.
VAF 21-530 Application for
Burial Allowance
Used
to apply for burial allowance for NSC Veterans
VAF 40-1330 Headstone
VAF 10-10 Applications for
Medical Benefits
Must
be submitted at VA medical facility to establish health care eligibility
VA Form 22-5490
Used for dependent children to apply for education benefits
(based on veteran's Service Connected disability).
VA Form 22-5490 W
Used for spouses to apply for education benefits (based on
veteran's Service Connected disability or SC death).
OTHER FORMS
DD 214 Department of Defense
form used to record military discharges. Often used in applying for VA and
other benefits.
SF 180 Request Pertaining to
Military Records
Standard Form 180 used in
applying for a new copy of a DD 214. Directions how to fill out and where to
sent come on the form.
* A veteran may include
Civilian, DOD, or VA medical records along with a claim. RO has access to VA records and can request
DOD records. RO may ask you to sign a
release of information to request civilian medical records. You may also use sworn statements from
individuals as part of your case.
You might choose to have
representation from a Service Officer – such as a representative from the DAV
or the BVA (see list of service organizations in earlier annex). The advantage of this is that they can give
you advice, help monitor the paperwork coming back from RO, and represent you
if there are hearing or appeals. To work
with a Service Officer you must sign what is commonly referred to as a POA, Power
of Attorney you have to sign a VA Form 21-22.
This is not an official name for the document, and it is not like the
POA’s family members sign. It only
gives an SO the right to see your VA paperwork in regards to your claim.
A VBC at RO can also assist
you in filing a claim. But, a VBC
cannot represent you at a hearing. You
can now file online. The downside is
that you have to mail in support material.
There is a section of the VA home page devoted to filing online.
Use: www.va.gov to
access this option.
VA Regional Office 1 800 827 1000
VA Veteran's Life Insurance 1 800 419 1473
VA Payment and Collections 1 800 827 0648
(Used when payments are owed
to VA)
CHAMPVA 1 800 733 8387
CHAMPVA Registration Center
4500 Cherry Creek Dr. South
Box 74
Denver, Colorado 80222
1 800 733 8387
1 800 843 5710 (in Colorado).
Defense Finance and
Accounting Service
Cleveland Center
Retired Pay Department (Code
FRCCBB),
PO BX 99191
Cleveland, OH 44199-1126
1 800 321 1080
FAX 1 800 469 6559
Remember faxes must have
complete name and social security number, plus signature.
If there is a death
notify: The Retired Casualty
Section 1 800 269 5170
EX-PARTNERS OF
SERVICEMEN/WOMEN
FOR EQUALITY (EX-POSE)
PO Box 11191
Alexandria, VA 22312
(703) 941 5844
Return to Table of Contents
The VA is changing its own Website. One of the most useful benefits website is the My VA homepage
at:
http://www1.va.gov/opa/myva/index.asp
And the E Benefits Website at:
https://www.ebenefits.va.gov/ebenefits-portal/appmanager/eb/veterans
Blinded Veterans Association www.bva.org
Disabled American Veterans www.dav.org
Veterans of Foreign Wars www.vfw.org
American Legion www.legion.org
Military Officer Association www.moaa.org
National Association of Uniformed Services www.naus.org
Military Widows www.militarywidows.org
Ex-Partners of Servicemen/Women for Equality www.ex-pose.org
Organization of State Veterans Directors www.nasdva.com
To research current compensation and pension pay rates for 2011 go to the
following website:
http://www.vba.va.gov/bln/21/rates/index.htm
The VA has an excellent
website for survivors at:
http://www.vba.va.gov/survivors/index.htm
Return
to Table of Contents
Source: California VFW
VSO Scott Langhoff
Agent Orange Info www.vba.va.gov/bln/21/benefits/herbicide/index.htm
1 800-749-8387
Appeals Management
Center Appeals Management Center
Public Cont
1-866-258-0341
Arlington National
Cemetery www.arlingtoncemetery.org
703-607-8000
Board Of Veterans
Appeals www.va.gov/vbs/bva/
202-565-5436
Civil Service Retired
Pay Office Of Personnel Mgmt www.opm.gov/retire/
1-888-767-6738
Court Of Appeals/Vets
Claims http://www.vetapp.uscourts.gov/
202-501-5970
CRSC - USAF http://www.afpc.randolph.af.mil/library/combat.asp
1-800-616-3775
CRSC - USA https://www.hrc.army.mil/site/crsc/index.html
1-866-281-3254
CRSC - USN/USMC http://www.donhq.navy.mil/corb/crscb/crscmainpage.htm
1-877-366-2772
DEERS http://www.tricare.mil/mybenefit/home/overview/Eligibility/DEERS
1-800-538-9552
Direct Deposit VA National Direct Deposit Center
1-877-838-2778
Education Claims Regional Processing Office – Atlanta
1-888-442-4551
EDU Verifications Of
Pursuit https://www.gibill.va.gov/wave/
1-877-823-2378
Fraud, Waste, And
Abuse VA Inspector General http://www.va.gov/oig/
1-800-488-8244
Gulf War Veterans
Illnesses www.va.gov/GulfWar
1-800-749-8387
Headstones And Markers http://www.cem.va.gov/CEM/hm_hm.asp
1-800-697-6947
Health Care Benefits www.va.gov/health
1-877-222-8387
Health Care
Eligibility www.va.gov/healtheligibility
1-800-929-8387
Health Care Overseas www.va.gov/hac/forbeneficiaries/fmp/
1-877-345-8179
Health Revenue Service Information On Debts Owed To Vamcs
1-866-793-4591
Information Federal Citizen Information Ctr www.info.gov
1-800-333-4636
Insurance –
SGLI/VGLI www.insurance.va.gov/sgliSite/default
1-800-419-1473
Insurance, VA VA Insurance Center www.insurance.va.gov/
1-800-669-8477
Insurance - Fax For
Loan Apps VA Insurance Center
1-888-748-5828
Loan Guaranty COE Eligibility Center - Winston-Salem www.homeloans.va.gov/
1-888-244-6711
Loan Guaranty Helpline www.vba.va.gov/ro/south/spete/RLC/index.htm
1-888-611-5916
Military Records National Archives www.archives.gov/
1-866-272-6272
Overpayments Debt Management Center, St Paul
1-800-827-0648
Pension Pension Maintenance Center
1-877-294-6380
Prop Management (Va
Repos) Ocwen Financial Corp www.ocwen.com
1-800-523-9479
Retired Pay, Military
(EXC CG) DFAS
1-800-321-1080
Retired Pay, Coast
Guard CG SVC CTR www.uscg.mil/hq/cg1/psc/ras/
1-800-772-8724
Retired Pay, Reporting
Death DFAS
1-800-321-1080
SBP Info Line DFAS
1-800-321-1080
SBA Small Business
Admin www.sba.gov/aboutsba/sbaprograms/ovbd/index.html
1-800-827-5722
Small Business - VA VA Ctr For Vets Enterprise http://www.vetbiz.gov/
1-866-584-2344
Social Security www.ssa.gov
1-800-772-1213
Spina Bifida VHA
Center www.va.gov/hac/forbeneficiaries/spina/spina.asp
1-888-820-1756
Suicide Prevention www.suicidepreventionlifeline.org/
1-800-273-8255
Telecommunications
Device For The Deaf VARO Chicago
1-800-829-4833
TRICARE www.tricare.mil/
1-800-444-5445
VA Central Office -
VBA http://www.vba.va.gov/VBA/
202-273-5400
VA Central Office -
VHA VHA Patient Advocate
202-461-7252
VA Secretary Telephone
Unit VA Central Office
202-273-5674
Work Study Work Study Office 1-800-827-1000 EXT
5951
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