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VET's HELPING VET'S
Information every VETERAN should have!
Explanation On How Ratings Are Achieved
Once the combinatorial arithmetic is completed they
round to the nearest 10% so that 95% become 100%. It is a procedural
thing that they start with the largest rating first but the end result is the
same regardless of the sequence in which the several ratings are included.
For the arithmetically challenged Section 4.25 of the above URL provides a
table of how to combine multiple ratings. But just for a quicky example, let's say you have two ratings of 60% and
50% ... obviously the sum is 110% but that is not the procedural solution.
The first rating of 60% disability leaves 40% non-disability.
The second rating of 50% is applied to the 40% non-disability to provide an
added disability of 20% (50% X 40%). This increment is added to the
initial 60% to provide a total disability of 80% which leaves 20%
non-disability.
If there were a third rating, that percentage would be applied to the remaining
20% non-disability and the result added to the summed disability (in this case
80%) and the remaining non-disability determined for the next rating as
necessary. The final disability result is rounded to then nearest 10%
http://www.warms.vba.va.gov/bookc.html
Vet Consortium Pro Bono Program
The Veterans Consortium is an organization established to provide free attorneys for unrepresented veterans who have an appeal pending before the U.S. Court of Appeals for Veterans Claims and who are not otherwise able to obtain counsel to assist them. This is a co-operative effort by four veterans' service organizations - the American Legion, the Disabled American Veterans, the National Veterans Legal Services Program and the Paralyzed Veterans of America. The Consortium recruits and trains volunteer attorneys to help needy appellants with their appeals at the Court. If a veteran has filed an appeal with the Court and has not been able to obtain his or her own attorney within 30 days, he or she can then request assistance from the Pro Bono Program.
Contact Veteran Issues vetsprobono@rcn.com directly or check out www.probono.org if you need assistance at the U.S. Court of Appeals for Veterans Claims. You can also write:
Ronald B. Abrams, Esq., Director,
Outreach & Education Components,
601 Indiana Avenue, N.W., Suite 1010,
Washington D.C. 20004-2935
Tel: [202] 628-8164/8169 Fax or [888]] 838-7727
[Source: ColonelDan@worldnet.att.net msg dtd 4/21/02]
SPECIAL
TOLL-FREE VA NUMBERS
BENEFITS INFORMATION & ASSISTANCE: 1-800-827-1000
HEALTH BENEFITS: 1-877-222-8387
AGENT ORANGE HELPLINE: 1-800-749-8387 or EMAIL GW/AOHelpline@vba.va.gov
EDUCATION BENEFITS: 1-888-442-4551
VA LIFE INSURANCE: 1-800-669-8477
OFFICE OF SGLI: 1-800-419-1473
CHAMPVA: 1-800-733-8387
GULF WAR: 1-800-749-8387
HEADSTONES (status of claims only): 1-800-697-6947
TEELECOMMUNICATION DEVICE FOR DEAF (TDD): 1-800-829-4833
DIRECT DEPOSIT: 1-877-838-2778
Rule gives veterans
more help with benefits claims
By Kellie Lunney
Veterans will get more help from the Veterans Affairs Department when submitting benefits claims under a final rule published in the Federal Register Wednesday.
The rule, which took effect Wednesday, implements the provisions of the 2000 Veterans Claims Assistance Act, signed into law by President Clinton last year. The law strengthens VA's current "duty to assist" program, which requires the agency to help veterans gather service records, medical records and other documents necessary to file a complete benefits claim.
The rule directs VA to inform veterans of the information necessary to complete their claims, inform claimants when important medical or military service information is missing, provide medical examinations for disabled veterans who cannot afford medical care and provide any other appropriate and necessary assistance to veterans.
The agency must tell veterans if it cannot find pertinent claims information, and give them the opportunity to submit personal evidence for information the VA cannot obtain. When submitting claims, veterans have a year to submit any additional evidence the VA requests.
The rule also allows veterans to reopen a denied claim by submitting "new and material evidence," documentation that has not previously been submitted to the agency and that serves to substantiate the claim.
Full story: http://www.govexec.com/dailyfed/0801/083001m1.htm
RAO Bulletin Update
Appropriations vs. Authorization:
Veterans should not get confused between the National Defense Appropriations
Act FY 2002 and the National Defense Authorizations Act FY 2002. They move
through different committees in Congress. Approval of items by a committee does
not mean that Congress has approved the items contained in the Acts. Only after
the committee reports have been forwarded to the full House or Senate for a vote
and is voted on favorably has the Act been passed and is on it's
way to the President for signature or veto. The Authorizations Act
"authorizes" the programs, whereas the Appropriations Act
"appropriates" the money to pay for the authorized programs. From
time to time you may have programs authorized but not appropriated, meaning the
program doesn't go into effect [a likely scenario for the "Concurrent
Pay" issue for disabled military retirees] or DOD has to come up with the
money from within their budget. Not always an easy task and DOD cannot simply
move money from their equipment account into the personnel account or vice
versa. It should also be remembered, that the provisions in the Budget
Resolutions places limitations which impacts on the Appropriations Act. While
the Budget Resolution must pass both the House and the Senate, it does not go
to the President for signature and thus is not a law, but guidelines that each
committee must follow when they work on their appropriations acts. [Source:
Max's Fact 46-01 SEP 4, 2001]
VA Debt Billing Policy:
The Department of Veterans Affairs initiated
a billing policy May 1, 1998 for those veterans with outstanding bills payable
to the VA. When veterans receive overpayments of their VA benefits or they are
responsible for co-payments for medical care and they do not make the required
payments, VA is legally obligated to turn the debts over to the Treasury
Department, which then withholds the money from other federal payments. This
applies when they owe more than $25 and the debts become more than 180 days
overdue. Among the sources from which money can be withheld are VA payments
such as disability compensation and pension, income tax refunds, federal
retired pay and social security. On Social Security veterans will always
receive the first $750 of each month's Social Security payment. Only 15 percent
of the amount greater than $750 can be withheld. Veterans will be notified
several times before any withholdings are made and can avoid the withholding by
voluntarily settling their debts. [Source: Department of Veterans Affairs,
Office of Public Affairs APR 01]
Between 1 JAN and
Max Belike:
Recent events have touched us all. Those of you who regularly read the
Bulletin Updates have seen that the source of many were the articles gleaned
from the MAX FACTS Newsletter put out by Max Belike. Max, a retired Master
Sgt., worked at the Army's ODCSPER in the pentagon. Unfortunately, his name is
on the list of missing and unaccounted for personnel in the Pentagon. Veterans
have lost a good friend, a valuable source of information, and a great retiree
advocate. All who knew him or of him appreciate the fine work he did for the
active and retired military community. This is to wish him fair winds and
following seas at his next command.
Lt. James "EMO" Tichacek, USN (Ret) Director, Retiree Activities Office
Task Force To Improve Health Care Delivery For Veterans
President Bush To Appoint 13 Individuals To Serve As Members Of The Task Force To Improve Health Care Delivery For Veterans
Office of the Press Secretary
President George W. Bush today announced his appointment of thirteen individuals to serve as Members of the Presidential Task Force to Improve Health Care Delivery for Our Nation's Veterans.
President Bush issued an Executive Order on Memorial Day creating the
fifteen member Presidential Task Force to improve
health care for veterans and military retirees. When the Executive Order was
signed, the President
announced that former Congressman Gerry Solomon and Dr. Gail Wilenski would serve as Co-Chairs of the Task Force.
Members of the Presidential Task force are appointed for two-year terms.
The Task Force will recommend specific actions to improve the way that the Department of Veterans Affairs and the Department of Defense work together to provide quality health care for those who have served in uniform.
Task Force Members:
-- Mr. Everett Alvarez of
-- Mr. Ross Anthony of
-- Dr. Terry Clark of
-- Mr. Mack Fleming of
-- Ms. Susan Hosek of
-- Dr. Robert Krasner of
-- Mr. Anthony McCann of
-- Dr. Arthur Porter of
-- Ms. Susan Schwartz of
-- Mr. Robert Spanogle of
-- Mr. Robert Wallace of
-- Mr. Harry Walters of
-- Mr. Josh Weston of
VETERANS BENEFITS UPDATE
STATE VETERAN BENEFITS
All States,
Commonwealth, and Territories provide unique active duty, Guard, Reserve, and
veteran benefits for citizens of their legislatures. Check out the home page of
the National Association of State Directors of Veterans Affairs and select the
location where you reside or are thinking of relocating to at: www.NASDVA.com\
Federal Benefits
Handbook for Veterans and Their Dependents - 2002
January 2004 News Releases
DEFENSE
DEPARTMENT TARGETS MILITARY PAY AND CONCURRENT RECEIPT INCREASES IN 2004 Military
personnel will see their basic pay more in line with that of civilian
counterparts in the private sector in 2004 thanks to an increased pay and
benefits compensation package included in the 2004 Defense Authorization Act
approved by Congress this year. [FULL STORY]
VETERANS
RECEIVE COST-OF-LIVING INCREASE IN BENEFITS The Department of Veterans
Affairs (VA) is including a 2.1 percent increase in the disability benefit
payments that millions of veterans and dependents will receive at the end of
December. [FULL STORY]
DISABLED
VETERANS GET HEALTH CARE PRIORITY FROM VA All veterans with service-connected
medical problems will receive priority access to health care from the
Department of Veterans Affairs (VA) under a new directive. [FULL STORY]
http://www.vrna.org/
VA Hearing Aid Entitlement
Veterans may be entitled to free hearing aids from the VA if they meet any of these categories:
Service connected for hearing loss; ear disease or tinnitus
Service connected, any medical problem at a rating
of 10% or more.
Former prisoner of war
All WWI veterans
Guidelines have been revised to include
any veterans with a 10% or more rating for any problem [including veterans
without service-connected hearing loss]. While federal directives allow
for this category of veterans to receive hearing aids, individual VA
hospitals/clinics have the right to further determine local policies regarding
access to hearing aids for veterans without service-connected hearing
loss. Depending upon the availability of services at your local VA
facility, you may be required
to have a confirmed service-connected hearing loss to receive hearing
aids. To obtain clarification of policies in your area, telephone your nearest VA regional office.
[Source: Los Angeles AFB Retiree Newsletter Fall 99]
"PROSTATE CANCER" AND SERVICE IN
The
This is from the current Westover ARB Retiree Activities Newsletter
VA SURVIVOR BENEFITS
VA Survivor Benefits: The surviving spouses, children, or dependent parents of veterans who have died, whether receiving benefits or not, can apply for certain benefits for themselves. As soon as possible the VA should be notified of the death and provided a certified copy of the death certificate. Any benefit checks received after the death should be returned to the VA. In the case of Direct Deposit the VA will notify the financial institution to return any amounts forwarded via Direct Deposit. There is no "arrears of pay" as with retirement pay so there is no entitlement to the beneficiaries of any incremental amounts earned up to the date of death within the month the vet died.
Dependents or their guardians should
complete VA Form 21-534 "Application For
Dependency and Indemnity Compensation, Death Pension and Accrued Benefits by a
Surviving Spouse or Child" and submit it to their closest VA
Application for educational assistance benefits can
also be made. Complete VA Form-5490 "Application For
Survivor's and Dependents Educational Assistance" and VA Form 22-1999
"Enrollment Certification", if appropriate, and submit them to your
nearest VA Regional Office. Refer to separate Bulletin article on VA
Dependent's Educational Assistance for details on this benefit. If
requirements are met it is also possible to apply for educational loans, home
loan guarantees, and GI Bill. Aliens are
entitled to benefits at one-half the rate of that for
Additional death benefits that should be
pursued if applicant's meet their requirements are
Forms listed above can be found at: http://www.va.gov/forms/default.asp
[Source: Federal Benefits for Veterans & Dependents 2003 Edition]
Agent Orange Study Undermined by Blunders
Agent Orange Study Undermined by Blunders, Says Representative Evans of
GAO Report Calls on Defense, HHS to Take Corrective Actions
"Blunders have undermined the credibility of the Ranch Hand Agent
Orange study," said Congressman Lane Evans (D-IL) today as he released a
report prepared for him by the General Accounting Office (GAO). In
response to the GAO fact-finding report, Evans, the Ranking Democratic Member
of the
House Veterans Affairs Committee, has called on the Departments of Defense
(DOD) and Health and Human Services (HHS) to quickly take needed corrective
actions.
Ranch Hand, a long-term study to examine possible consequences of human
exposure to Agent Orange and other herbicides containing the contaminant
dioxin, was begun in 1982. Conducted by the Air Force, Ranch Hand will
not be completed until 2006.
According to GAO:
* The Air Force has not provided other scientists, veterans and other
interested parties sufficient access to Ranch Hand study data. An
eight (8) year delay in releasing a 1984 study on birth defects among children
of veterans is one example of data not being accessible by other scientists and
interested veterans. Replication is considered
to be the "hallmark" of scientific inquiry. Without access
to Ranch Hand study data by other scientists, study findings cannot be
replicated. Likewise, new associations between Agent Orange exposure and
disease cannot be
established.
* The Air Force has not produced reports and publications on Ranch Hand study findings in a timely manner. Most results were not shared with veterans until seven years after the study began. Only recently has the Air Force begun to routinely publish reports and information as required by its scientific protocol.
* Despite a requirement for inclusion of scientists nominated by veterans organizations, the Advisory Committee overseeing the Ranch Hand study did not include them before 1990. Such openings are still not widely publicized.
* Veterans have not been adequately informed about the conduct of the Ranch Hand study, its findings, or public meetings on the conduct of the study.
* There was a failure to comply with measures intended to guarantee the
Ranch Hand study was conducted independently and without bias. According to GAO, documents from 1984 and 1985 show that "Air
Force
management and the [Reagan] White House at the time tried to direct
certain aspects of the Air Force scientists' research."
* The Air Force characterization of study results as
"reassuring," as was done with the birth defects study, has been
misleading and inaccurate. While important, the Ranch Hand study was
unable to detect any associations with rare diseases because of the relatively
small number of study participants. In addition, the study population's
illnesses may also be different from other
* Some of the inherent limitations of epidemiological studies, like Ranch Hand, have not been communicated by Air Force scientists. The Ranch Hand study cannot be used to "rule out" connections between Agent Orange exposure and veterans' health problems.
* The Ranch Hand study has provided useful information, such as providing
a basis for compensating veterans' children with spina
bifida born after the war. The study may
also provide the foundation for compensating veterans
with diabetes mellitus. Animal studies and other scientific literature, however, have been the basis of
compensating all veterans' conditions currently linked to Agent Orange
exposure. The usefulness of the study for
establishing a basis for compensating veterans for health problems - one
of its original stated goals - remains
unknown.
"Ranch Hand has required a massive commitment of resources, " Evans said. "First and foremost are the
invaluable contributions made by scores of
intended to evaluate. I called on GAO to report on Ranch Hand now to
determine if we are getting our money's worth,"
Evans said. "Persistent problems continue to plague the Ranch
Hand study. These problems need prompt corrective action and I am now
calling on Secretaries Cohen and Shalala to make certain needed action is
taken,"
Evans continued, "so the Ranch Hand study will be as useful as
possible."
AUTOIMMUNE DYSFUNCTION IN
THERE MAY BE A DIAGNOSIS
THE
Copyright, 1988
In 1980, after years of suffering from an undiagnosed illness I saw a
"Barney Miller" episode wherein, Wojohowitz
(Max Gail) had a
Veterans who are ill or become ill with an undiagnosed illness should
consult with their family doctor about the possibility of having an ANA profile
done particularly if they have the some of the following symptoms: arthritis/arthralgias inflammation and pain in the joints), swollen
hands, Raynaud's phenomenon (abnormal redness, heat,
and tingling in the fingers after exposure to cold weather), abnormal
esophageal motility (difficulty in swallowing), myositis
(inflammation of muscle tissue), lymphadenopathy
(disease of the lymph nodes), fever, hepatomegaly
(enlarged liver), serositis (inflamed condition of
the serous membrane), splenomegaly (enlarged spleen),
renal disease, anemia, leukopenia (abnormally low
white blood cell count), and/or hypergammaglobulinemia
(abnormally high immunoglobin
levels). I recently spoke to a
Thus, I feel obligated to share the good news that we have uncovered
about toxic poisoning. Previously, the
Once a "civilian diagnosis" is made, the veteran can then remove himself/herself from the Agent Orange controversy, the denial of truth, the lack of due process, which has held him/her a political prisoner, and then one can take a positive course of action. First move through the Social Security system with "timely" appeals, approach the Administrative Law Judge with the disease, not the Agent Orange controversy, and find the Administrative Law Judge more reasonable than the Veterans Administration.When retirement through Social Security is achieved and the veteran once again has medical insurance (Medicare), he/she can start the second course of action -- treatment. The treatment I will mention is the hardest to find because it is out of the mainstream of the American medical establishment, whose schools have been biased by the VA and corporate research and development funding. If the veteran has an Autoimmune Disease or an undiagnosed illness; it is my personal opinion that he/she must seek a "clinical ecologist" in order to receive lifesaving treatment. This type of physician, who believes in environmentally caused diseases, can explain how to function with a compromised immune system. BEWARE OF THE DANGERS OF REEXPOSURE TO SYNTHETIC CHEMICALS.
The physician that saved my life and made me feel more physically comfortable after years of suffering from an undiagnosed illness is Dr. William J. Rea, from the Environmental Health Center, 8345 Walnut Hill Lane, Suite 205, Dallas, Texas, 75231-4262. Thank you Dr. Rea. -- David Carter
The
Oklahoma Agent Orange Foundation
ANA Profiles
Participate or not, use this information for better health.
ATTORNEY'S FOR VETERANS
You may have need for an Attorney or Veterans
Service Representative of a Veterans Organization. If
so, you will find a list of many at our "Attorney's and Veterans
Representative Page".
http://www.members.tripod.com/~VeteransResources/help.html
One of the finest and best designed Attorney's website belongs to Hugh Cox, Attorney-at-Law. His site includes many helpful links, audio, and personal accounts from his own military service. http://www.hughcox.com/
If you have not visited this Page do so at your convenience.
Official VA Patients Rights and Responsibilities
~~YOUR PATIENTS RIGHTS~~
The Department of Veterans Affairs respects the rights of the patient, assists the patient in the exercise of his/her rights, and informs the patients of any responsibilities incumbent upon him/her in the exercise of those rights.
The following Patient Rights are assured for each patient, unless medically contraindicated;
You have the right to present grievances if you feel these rights have not been provided.
You have the right to be treated with dignity as an individual, with compassion and respect, with reasonable protection from harm, and with appropriate privacy.
You will receive, to the extent you are eligible, prompt and appropriate treatment for physical or emotional disorders or disabilities, in the least restrictive environment necessary for that treatment, free from unnecessary or excessive medication.
You will not be denied your legal rights while hospitalized (except where State law provides otherwise).
You have the right to communicate freely and privately with persons outside the facility, and to have or refuse visitors.
There shall be reasonable access to public telephones for making and receiving calls.
You have the right to receive unopened mail. If there is any reason to believe the mail may contain contraband, then you will have to open the mail in the presence of an appropriate person.
You will be afforded the opportunity to write letters and be assisted in doing so when necessary.
You will be allowed to wear your own clothes and to keep personal possessions. You have the right to keep and spend your own money.
You have the right to social interaction as well as to regular exercise. Also you will have the opportunity for religious worship.
Your medical record and all other information about you will be kept confidential unless disclosure is required or permitted by law, or you consent to its release.
~~YOUR RESPONSIBILITIES~~
Your compliance with the following Patient Responsibilities is necessary to assure you of the highest quality care. It also shows the importance of your contribution to your care.
You have the responsibility to follow all of the
You have the responsibility to be considerate and respectful of all medical center personnel and other patients.
You have the responsibility to cooperate with your treatment staff. If you have questions or disagree with your treatment plan, you are responsible for discussing it with your treatment staff.
You have the responsibility to try to prevent any injury to yourself, other patients, visitors, and staff members by your own actions, and to be responsible for the safekeeping of clothing, money, and personal possessions you choose to keep with you while you are in this facility. You have the responsibility to keep all of your scheduled diagnostic or therapeutic appointments on time.
You have the responsibility to avoid interfering with the treatment of other patients, particularly in emergency situations.
You have the responsibility to assist by alerting the staff when another patient is having difficulty.
You have the responsibility to tell your visitors to be considerate of other patients and medical center personnel, and to observe the visiting hours.
You have the responsibility to be understanding and patient if you encounter delays.
You have the responsibility to make sure you understand what medications you must take following discharge from the medical center, and whether you are scheduled for outpatient follow-up visit(s).
Patient Representatives are available at each facility in order to ensure that patient's needs are met, and to assist patients in exercising their rights.
How Can I Upgrade My Military Discharge?
I have received some requests on how to upgrade a military discharge.
Here is some information that I received.
Each of the military services maintains a discharge review board with authority to change, correct, or modify discharges or dismissals that are not issued by a sentence of a general court martial. The discharge review board has no authority to address medical discharges. The veteran or - if deceased or incompetent - the surviving spouse, next of kin, or legal representative may apply for a review of discharge by writing to the military department concerned, using Department of Defense Form 293 (DD-293). For the convenience of veterans, local VA regional offices can normally supply these forms. You can contact your nearest VA regional office by telephone at 1-800-827-1000. If more than 15 years have passed since discharge, DD Form 149 should be used for applications to the Board for the Correction of Military Records or, for Navy and Marine Corps, to the Board for the Correction of Naval Records.
Service discharge review boards conduct hearings in
Washington, D.C. Traveling review boards also visit
selected cities to hear cases. In addition, the Army sends teams to locations
to videotape the testimony of applicants for later review by a board in
Discharges awarded as a result of unauthorized absence in excess of 180 days make persons ineligible for VA benefits regardless of action taken by discharge review boards, unless VA determines there were compelling circumstances for the absences. In addition, boards for the correction of military (or naval) records may consider such cases. Applications to these boards are made with DD Form 149. You should also be able to obtain this form from your local VA regional office.
Veterans with disabilities incurred or aggravated during active military service may qualify for medical or related benefits regardless of separation and characterization of service. Veterans separated administratively under other than honorable conditions may require that their discharge be reviewed for possible recharacterization, provided they file their appeal within 15 years of the date of separation.
Questions regarding the review of a discharge may be addressed to the appropriate discharge review board at the following addresses:
Army:
Army Discharge Review Board
Attention: SFMR-RBB, Room 200A
Navy and USMC:
Navy Discharge Review Board
Air Force:
Attention: DPMDOA1
Randolph AFB, TX 78150-6001
Coast Guard:
Coast Guard
Attention: GPE1
Forms needed, can be downloaded from the internet by using this web site: http://www.va.gov/forms/default.asp
WHAT
IS DIC AND WHO IS ELIGIBLE?
Dependency And Indemnity Compensation, Death Pension (DIC) is a monthly check paid to eligible survivors of certain deceased veterans.
Who is Eligible?
To get DIC, you must be an
eligible survivor of a veteran who died because of a service-related illness or
injury. If the veteran's death was not service-related, you may
still be eligible if either of the following conditions existed at the time of
death: the veteran was getting VA Disability Compensation for a total
disability for the last 10 years. (Note: This also includes veterans who
would have received VA compensation but didn't because they were getting
military retirement or disability pay.) the veteran
was getting VA Disability Compensation for a total disability continuously
since released from active duty and for at least 5 years.
You may be an eligible survivor
if: you were married to the veteran for at least 1 year.
(Note: If a child was born, there is no time requirement) AND
your marriage was valid AND you lived with the
veteran continuously until his/her death or, if you were separated, you weren't
at fault AND you did not remarry. (Note: If
you remarried but your spouse died or you were divorced, you are eligible to
re-apply after October 1, 1998.)
OR you are an unmarried child of a deceased
veteran AND you are under age 18, or between the ages of 18 and 23 and
attending school. Note: Certain helpless adult children and some
parents of deceased veterans are entitled to DIC.
How Much Does VA Pay?
VA pays a basic monthly rate of
$861 to eligible surviving spouses. In some cases, VA can pay more.
Call the
toll-free number below for information about rates paid to eligible
children.
How Can I Apply?
You can apply by filling out VA
Form 21-534, Application for Dependency And Indemnity Compensation, Death
Pension And Accrued Benefits By A Surviving Spouse or Child, and mailing it to
the VA regional office that serves your area. Call the toll-free number
below for information about other supporting materials that VA may need to
process your claim.
Related Benefits:
Health Insurance (CHAMPVA)Home Loan GuarantyFederal Employment
PreferenceSurvivors' & Dependents'
Educational Assistance
For More Information Call Toll-Free
1-800-827-1000
DEPENDENCY AND INDEMNITY COMPENSATION / CHANGES
This article is to clarify the changes in entitlement for Dependent Indemnity Compensation (DIC). These changes were included in the Veterans Benefits Act of 1998. The surviving spouse may be entitled to DIC if the marriage terminated by death, divorce, or annulment. This change is in respect to DIC only, not Widow's Pension. Therefore, the entitlement to DIC is established in any case in which the remarriage of the surviving spouse ceases living with another person holding himself or herself in public as husband and wife (Common Law). The previous bar to the granting of DIC will not apply.
It has been determined benefits may be paid on the basis a surviving
spouse's remarriage has been dissolved by divorce or death. This requires
evidence to verify the marital status of the surviving spouse as of the date of
the veteran's death. The evidence must be submitted to resolve marital
status. The evidence should include, but is not limited to the following:
1. Statement of all of the claimants
marriages and indication of where, when, and how
each marriage was resolved.
2. Statement of whether the claimants has ever filed an application or
received benefits as spouse, surviving spouse of any other veteran. If
so, the name, claim number, and VA regional office the application was
filed. DIC
entitlement for award purposes shall be the first month following the month,
which the marriage is terminated or end of the relationship resulting in the
inference of remarriage occurs. This provision is effective
1998
Featured Service Officer Article: Tom
Parker
Veterans Benefit Act of 1998 Dependency and
Indemnity Compensation Clarification of Changes (June 1999 issue) ©Department of
AGENT
On Feb. 11, a U.S. District Court
Judge in San Francisco ruled that the VA had not been following his 1989 order
that invalidated VA rules for processing claims for service connection based on
exposure to Agent Orange and required the VA to redo cases under revised rules.
Nehmer v. VA, No. C86-6160 (N.D. Cal.).
The VA had been refusing to readjudicate
cases unless the veteran or survivor had specifically identified the claim as
based on exposure to Agent Orange and unless the VA denied such a claim
specifically citing its Agent Orange rule, 38
C.F.R. 3.311a.
The court has now ordered the VA to redo these
cases. This should mean that an eariler
effective date is in order for about a thousand veterans and survivors with an
estimated payout of $70 million in retroactive awards.
For help with these cases, contact the National Veterans
Legal Services Program (202-797-8364), www.nvlsp.org
Taken from Vietnam Veterans of America issue
April/May 1999 By Bill russo,
Director, Veterans Benefit Program
HOW TO FIND ATTORNEY REPRESENTATION
The National Organization of Veterans' Advocates (NOVA), whose members
are admitted to pratice before the Court of Veterans
Appeals, offers a free referral service for veterans or survivors. NOVA's Advocate Referral Service directs callers to members
who have declared their willingness to represent veterans on a contingency
basis. To obtain a referral, call 800-810-8387. You should be
prepared to fax a copy of your latest BVA denial to NOVA for review.
Taken from
THE JUDGE ADVOCATES ASSOCIATION
The JAA has a list of attorneys that it provides informally upon
request. Also for veterans issues there is one
referral list and that is with the Clerk's office of the
Additionally there is the National Veterans Legal Services Program,
headed by David Addlestone in
The National Organization of Veterans' Advocates Advocate Referral Service at P.O. Box 2099 Topeka, KS 66601 or 1-800-810-VETS;
The Veterans Consortium Pro Bono Program Case Evaluation and Placement, headed by Brian Robertson and located at 601 Indiana Ave., NW, Suite 1010, Washington, D.C. 20004 at (202) 628-8164 or 1-888-838-7727 (Toll-free).
In New York there is The Voluntary Committee of Lawyers headed by Richard M. Evans located at 14 West 68th St., New York, NY 10023 at (212) 362-1964 and fax at (212) 362-3137.
Let us know if we can be of further assistance. Ours is a membership organization whose members are military lawyers and civilian lawyers practicing military and veterans law who seek to protect their clients, improve the legal system and their country. See our web site at www.jaa.org.
Eileen Albertson
Executive Director
SERVICE REQUEST ADDRESSES AND TELEPHONE NUMBERS
To obtain Unit Diaries, OP's sheets or other hard to find items write:
Address Code Mailing Address Telephone Number
10 National Archives and Records Service (202) 501-5430
11 Commander (314) 538-3877 U. S. Army Reserve Personnel Center
(ARPERCEN) ATTN: DARP-PAS
*TELETYPE: RUWTRCA
13
(Military Personnel Records)
9700 Page Boulevard
*TELETYPE: RUWTRCA (314) 538-4200 Air Force
(314) 538-4282
*Messages are sorted at communications center based on plain language address.
14 Commander (317) 542-3719 U. S. Army Enlisted Records & Evaluation
Center
(PCRE-FT) Fort Benjamin Harrison, IN 46249
16 DFAS --
8899 E. 56th St.
17 Defense Finance and Accounting Service SSN Denver Center Terminal
Digit DFAS--DE/FRB 00-16 (303) 676-4530
6760 E. Irvington Pl. 17-33 4555 Denver, CO 80279-6000 34-49 4525
50-66 4559
67-83 4560
84-99 4561 If above numbers not available, call (303) 676-4515.
18 Commander (703) 325-4547 U. S. Total Army Personnel Command (PERSCOM)
ATTN: TAPC-MSR-S
21
Address Code Mailing Address Telephone Number
22 HQ AFMPC/DPMDO (210) 652-5516
25 Department of Defense (Air Force) (303) 676-7112 DFAS-DE/FJ 676-7115
ATTN: Military Pay Operations
6760 E. Irvington Place Denver, CO 80279-5000
31 Bureau of Naval Personnel (703) 614-3296 PERS-324
(enlisted/officer)
2 Navy Annex Washington, DC 20370-5324
35--Retired Pay Army, Navy, Air Force, Marine Corps Defense Finance &
Accounting Service 1-800-321-1080 Cleveland Center (216) 522-6009/6010
(DFAS--CLE-R) PO Box 99191 Cleveland, OH 44199-1126
Other: Navy Reserve, active duty, separation, severance pay-- Defense
Finance & Accounting Service
(216) 522-6572*** Cleveland Center 522-5637 ATTN: Code (**)
1240 East Ninth St. Anthony J. Celebrezze Federal
Building Cleveland, OH 44199
**Use Code (FMB) for Reserve pay matters and (FMA) for active duty/separation/severance pay matters.
***Use telephone number 522-6572 for Reserve pay matters and 522-5637 for active duty/separation/severance pay matters.
36
00-49 (504) 678-5891
50-99 678-5896
Veterans separated by discharge, resignation, retirement (No Reserve
obligation) or TDRL. SSN Terminal Digit
00-49 (504) 678-5400
50-99 678-5430
NOTE: The Center retains all service records of those veterans with
Reserve obligations
(not assigned to units). The Center also holds all service records of those
veterans on the Temporary Disability Retired List (TDRL) until a final
determination is made, sometimes years later.
Address Code Mailing Address Telephone Number
41 Commandant (703) 784-3920/3921 Headquarters
NOTE 1: Requests for records other than medical and TDRL records: Use
telephone number
784-3920 for records ending with Social Security Numbers 00 through 49. Use
784-3921 for records with Social Security Numbers ending with 50 through 99.
NOTE 2: Requests for medical and TDRL records: Use Office Symbol MMRB-16 in the address element and telephone number 784-3926.
42 Marine Corps Reserve Support Command SSN
15303 Andrews Road Terminal Digit
20-39 843-3320/21
40-59 843-3340/41
60-79 843-3360/61
80-99 843-3380/81
45 Defense Finance & Accounting Service (Marines) (816) 926-7145
47 Defense Finance & Accounting Service (816) 926-7652
51 Commander (202) 267-1663 U. S. Coast Guard Personnel Command CGHQ
(adm-3)
52 Commandant (202) 267-0234
(GMVP--1/12 MMVS)
75 National Personnel Records Center (314) 425-5766 Civilian Personnel
Records
85 Medical facility where X-rays were created; complete address must be used.
90 Commander, Army National Guard (703) 756-4632
Personnel Center ATTN: NGB-ARP-C
Address Code Mailing Address Telephone Number
232 Director (376/232) (314) 263-3067 VA
375* VA Records Management Center (376) (314) 263-5070/71 Service Medical Records Division P. O. Box 150950 St. Louis, MO 63115-8950
*Address code 375 should not be used for an address code on a VA Form
21-3101when requesting SMRs since that is done
automatically via the BIRLS/SMRTS link. No hard copy 3101s should go to the
Service Medical Records Division of the
SERVICE REQUEST ADDRESSES AND TELEPHONE NUMBERS
Address Code Mailing Address Telephone Number
10 National Archives and Records Service (202) 501-5430
11 Commander (314) 538-3877 U. S. Army Reserve Personnel Center
(ARPERCEN) ATTN: DARP-PAS
*TELETYPE: RUWTRCA
13
(Military Personnel Records)
9700 Page Boulevard
*TELETYPE: RUWTRCA (314) 538-4200 Air Force
(314) 538-4282
*Messages are sorted at communications center based on plain language address.
14 Commander (317) 542-3719 U. S. Army Enlisted Records & Evaluation
Center
(PCRE-FT) Fort Benjamin Harrison, IN 46249
16 DFAS --
8899 E. 56th St.
17 Defense Finance and Accounting Service SSN Denver Center Terminal
Digit DFAS--DE/FRB 00-16 (303) 676-4530
6760 E. Irvington Pl. 17-33 4555 Denver, CO 80279-6000 34-49 4525
50-66 4559
67-83 4560
84-99 4561 If above numbers not available, call (303) 676-4515.
18 Commander (703) 325-4547 U. S. Total Army Personnel Command (PERSCOM)
ATTN: TAPC-MSR-S
21
Address Code Mailing Address Telephone Number
22 HQ AFMPC/DPMDO (210) 652-5516
25 Department of Defense (Air Force) (303) 676-7112 DFAS-DE/FJ 676-7115 ATTN:
Military Pay Operations
6760 E. Irvington Place Denver, CO 80279-5000
31 Bureau of Naval Personnel (703) 614-3296 PERS-324
(enlisted/officer)
2 Navy Annex Washington, DC 20370-5324
35--Retired Pay Army, Navy, Air Force, Marine Corps Defense Finance &
Accounting Service 1-800-321-1080 Cleveland Center (216) 522-6009/6010
(DFAS--CLE-R) PO Box 99191 Cleveland, OH 44199-1126
Other: Navy Reserve, active duty, separation, severance pay-- Defense
Finance & Accounting Service (216) 522-6572*** Cleveland Center 522-5637
ATTN: Code (**)
1240 East Ninth St. Anthony J. Celebrezze Federal
Building Cleveland, OH 44199
**Use Code (FMB) for Reserve pay matters and (FMA) for active duty/separation/severance pay matters.
***Use telephone number 522-6572 for Reserve pay matters and 522-5637 for active duty/separation/severance pay matters.
36
00-49 (504) 678-5891
50-99 678-5896
Veterans separated by discharge, resignation, retirement (No Reserve
obligation) or TDRL. SSN Terminal Digit
00-49 (504) 678-5400
50-99 678-5430
NOTE: The Center retains all service records of those veterans with
Reserve obligations
(not assigned to units). The Center also holds all service records of those
veterans on the Temporary Disability Retired List (TDRL) until a final
determination is made, sometimes years later.
Address Code Mailing Address Telephone Number
41 Commandant (703) 784-3920/3921 Headquarters
NOTE 1: Requests for records other than medical and TDRL records: Use
telephone number
784-3920 for records ending with Social Security Numbers 00 through 49. Use
784-3921 for records with Social Security Numbers ending with 50 through 99.
NOTE 2: Requests for medical and TDRL records: Use Office Symbol MMRB-16 in the address element and telephone number 784-3926.
42 Marine Corps Reserve Support Command SSN
15303 Andrews Road Terminal Digit
20-39 843-3320/21
40-59 843-3340/41
60-79 843-3360/61
80-99 843-3380/81
45 Defense Finance & Accounting Service (Marines) (816) 926-7145
47 Defense Finance & Accounting Service (816) 926-7652
51 Commander (202) 267-1663 U. S. Coast Guard Personnel Command CGHQ (adm-3)
52 Commandant (202) 267-0234
(GMVP--1/12 MMVS)
75 National Personnel Records Center (314) 425-5766 Civilian Personnel
Records
85 Medical facility where X-rays were created; complete address must be used.
90 Commander, Army National Guard (703) 756-4632
Personnel Center ATTN: NGB-ARP-C
Address Code Mailing Address Telephone Number
232 Director (376/232) (314) 263-3067 VA
375* VA Records Management Center (376) (314) 263-5070/71 Service Medical Records Division P. O. Box 150950 St. Louis, MO 63115-8950
*Address code 375 should not be used for an address code on a VA Form
21-3101 when requesting SMRs since that is done
automatically via the BIRLS/SMRTS link. No hard copy 3101s should go to the
Service Medical Records Division of the
NOTE: Although RPC and SMRC were combined as the RMC effective
IS YOUR VETERANS SERVICE OFFICER DOING HIS JOB?
1. Make sure that your Service medical records are ordered and reviewed. How can a service officer know what to tell the veteran to file for if he hasn't reviewed the service medical records? Usually a vet can't remember what his diagnosis really was and they often forget important things like the hepatitis they had.
2. Make sure your Service personnel records are ordered for claims such as PTSD, exposure to ionizing radiation and claims where misconduct or line of duty investigations were involved. You cannot count on the Regional Office to give you a fair shake in those cases if you don't provide dates, times, places, etc.
3. Make sure all Civilian medical records are ordered and submitted with the claim. You have to prove continuity of the disability from the time the disability was incurred until the present time. That requirement really isn't fair in the case of chronic conditions such as migraine headaches but that is what they want. You also have to have "current" medical evidence. They love to send them back disapproved for lack of current medical evidence.
4. Personal affidavits are not used nearly enough. If the affidavits are sworn and notarized then the RO (Regional Office) is required to give them consideration. They also carry a great deal of weight with the BVA. (Board of Veteran Appeals)
5. Make sure all Notices Of Disagreement are
properly prepared. Far too many NOD's
consist of about three sentences with the last sentence asking for a statement
of the case. I believe that the NOD should be as strong as the appeal. It makes
them really take a good second look at the claim. The NOD should also request
review by a Decision Review Officer and a hearing officer hearing if the vet
can make it to the RO. The
6. In far too many cases the appeal is pathetic. The VSO should research similar cases that were remanded and base the appeal on those cases. The RO's are catching hell about their remand rate and they appear to be taking a hard look at appeals that are well founded and properly prepared. The whole idea is to keep a claim from going to the BVA where it will languish for years.
7. Well grounded claims that are denied are usually poorly prepared in the beginning. It is a lot easier on the vet and his family if the claim is well prepared in the first place. It is your right as the veteran to review all documents before they are sent to the RO. If you disagree with what is written they let your VSO know this and tell him to change it. Make sure EVERY ailment or injury you are requesting compensation for is listed. Request copies of everything sent to the RO.
8. Request a copy of your C-file from the RO. This is information on you and you have every right to a copy of it. Just write a letter to the RO and put PRIVACY ACT REQUEST across the top and bottom of the letter in large cap letters. They have ten days to respond under the act. If they don't, you can drag them into federal court for failure to comply.
REQUESTING A DD 214
The following is a message I received
from
Please feel free to copy the message. Make sure you change the e-mail address.
**************************************
Subject:
DD 214 -Reply
Date:
Thu,
From:
To:
Your e-mail address
Thank you for contacting the
Military Records facility (MPR) located in
division of the National Archives and Records Administration (
All requests for access to or
information from an Official Military
Personnel File (OMPF) must be written, signed and dated - even those
personally from the veteran.
If you would kindly RETURN THIS
ENTIRE MESSAGE along with your
current mailing address we will be glad to mail forms, instructions and
informational items to assist you.
Additional information can be obtained from our homepage URLs at
NPRC http://www.nara.gov/regional/stlouis.html
MPR http://www.nara.gov/regional/mpr.html
Or, if you are a completely
discharged or retired veteran, you can send a
signed and dated letter to:
National Archives and
9700
Be sure to provide the following
information:
1. Full name of the veteran
2. Service number or social security number
3. Branch of service
4. Approximate dates of service
5. Information needed
6. Veteran's signed and dated authorization (if you are not the veteran);
information to requestors other than the veteran are
restricted under
the Privacy Act
7. Reason for the request
8. Your return address
Thank you for contacting your
National Archives and Records
Administration.
LIFEINSURANCE
You must be 100% service connected to receive the free premium. If you are not 100% then you can purchase the policy.
Did you know that you can receive $10,000.00 worth of Life Insurance free from the VA? Service-Disabled Veterans Life Insurance Program has a special type of National Service Life Insurance, referred to as "RH" Insurance. It's only for veterans with service-connected disabilities. You have to apply within 1 (one) year from the date of notice from the VA of your service-connected rating. This policy does provide for a waiver of payments of premiums if you become totally disabled before your 65th birthday and remain disabled for 6 or more consecutive months. This policy is issued for $10,000.00. You can receive more detailed information by going to your local VA and requesting a copy of VA Pamphlet 29-9 or write to the address listed below.
Department of Veterans Affairs
Regional Office and
Fax Number: (215) 951-5274
Phone Number: (800) 669-8477
Do not call unless you need them to send you a form. This office has been known to tell people over the phone that they do not qualify only to have the forms mailed in and be approved. This is a benefit that you all deserve. The first $10,000.00 is free. The premium is paid by the VA. http://www.vba.va.gov/ro/central/detr/xvsc/benefits/ben08.htm
HOW TO GET SPINABIFIDA BENEFITS
Despite the problems with VA's implementation, eligible claimants certainly should apply for spina bifida benefits. To apply for compensation benefits, contact your VA Regional Office, either in person or by calling 1-800-827-1000. To apply for VA reimbursement of health care costs, call 1-800-733-8387. Do not be discouraged by someone from the VA who tells you not to apply. Insist on submitting a claim in writing. The sooner you apply, the sooner the monthly compensation and health care cost reimbursement can begin.
After you apply, VA should send you a form to fill out and return. Along
with this form, it may be helpful to send VA COPIES
of the veteran's DD-214, the child's birth certificate, and medical records
showing the child has spina bifida. As with any VA
claim, it is best to get representation from a veterans
service officer, either through a veterans organization or a state or county
veterans agency. You can obtain more information about these benefits and other
available help from the Spins Bifida Association of
Taken from the Dec.97/Jan.98 VVA Veteran
REQUEST MEDICAL AND
CLINICAL RECORDS
The way to request medical records from
I respectfully request an unabridged copy of my medical and
CLINICAL records....give your FULL NAME and Social Security Number.
It appears that MEDICAL RECORDS consists of your induction physical. Clinical records are in a building across the street?
The addresses for this request are on the form. Locate your branch of
service and mail the form to the address shown.
The way to obtain records from the Regional Office...give
your FULL NAME and Social Security Number.
I respectfully request an unabridged copy of my claims file, under Title 5, Freedom of Information Act, to aid in the....(reason for request).
The addresses for this request is you local regional VA office that handles your Compensation and Pension evaluations (C&P's)
DO YOU KNOW WHATS IN YOUR MEDICAL RECORDS?
Did you know that you have a right to have a copy of your medical records? They are you records and you have every right to them. Just go to the records department at your VA hospital and tell them that you would like a complete copy of your records. You will be asked to sign a release form. You may wait while they copy them or they will mail them to you home. They have ten days to fill your request. Once you receive your records READ THEM, you really won't know what's in them until you do.
LET US HELP
We cannot address everything that we experienced with the VA here. If you have a specific question or problem please E-Mail us and we will try and answer your questions. We have been fighting with the VA to receive all the benefits that we now have. Please let us help you get the benefits you were promised by sharing the knowledge we gained with you. If we can not answer your questions we will find someone who can. We as veterans must stick together and help one another. There are benefits out there, but you have to fight to receive them. Never take NO for an answer. Make them show you in writing why they are turning you down. If you don't ask the questions you won't get the answers. You fought before now it's time to stand up and fight again. It's the only way to get all the benefits that were promised to you when you enlisted.
PLEASE feel free to E-MAIL me if you have any questions.
