WELCOME. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. This guide is design to help you understand the claims process and your rights and responsibilities. We would like to come to your community and explain its contents and how you can help to improve the claims processing.
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
This guide is design to help you understand the claims process and your rights and responsibilities.
We would like to come to your community and explain its contents and how you can help to improve the claims processing.
So please volunteer to setup a town hall meeting in your community.A Veteran’s Guide to VA Benefits
VA disability compensation provides monthly benefits to Veterans in recognition of the effects of disabilities, diseases, or injuries incurred or aggravated during active military service.
The program also provides monthly payments to surviving spouses, dependent children, and dependent parents in recognition of the economic loss caused by a Veteran’s death during military service or, after discharge from military service, as a result of a service-connected disability.
VA helps Veterans and their families cope with financial challenges by providing supplemental income through the Veterans Pension and Survivors' Pension benefit programs.
Veterans Pension:Tax-free monetary benefit payable to low-income wartime Veterans.
Survivors' Pension:Tax-free monetary benefit payable to a low-income, un-remarried surviving spouse and/or unmarried child(ren) of a deceased Veteran with wartime service.
you may print and mail-in VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits or call VA at 1-800-827-1000 to have the form mailed to you.http://www.vba.va.gov/pubs/forms/VBA-21-526EZ-ARE.pdf
you may print and mail-in VA Form 21-527EZ, Application for Disability Compensation and Related Compensation Benefits or call VA at 1-800-827-1000 to have the form mailed to you.http://www.vba.va.gov/pubs/forms/VBA-21-527EZ-ARE.pdf
Dependency and Indemnity Compensation (DIC)VA Form 21-534EZ, Application for DIC, Death Pension, and/or Accrued Benefits and mail it to your nearest VA regional office.http://www.vba.va.gov/pubs/forms/VBA-21-534EZ-ARE.pdf
VISIT/CONTACT YOUR COUNTY VA OFC (CVAO)
VISIT/CONTACT A VETERAN SERVICE ORIGANATION PRESENTATIVE (VSO) AL, DAV, VFW, PVA, ETC.
VA FORM 526b - Supplemental Claims
The Fully Developed Claims (FDC) program is an optional new initiative that offers Veterans, and survivors faster decisions from VA on compensation, pension, and survivor benefit claims.
Veterans and survivors simply submit all required records and documentation at the time they make their claim and certify that they have no further evidence. VA can then review and process the claim more quickly.
There are many types of claims for disability compensation. For example, if you're filing a VA claim for the very first time, you have anoriginal claim. Areopened claimmeans you have newandmaterial evidence and you want VA to reconsider a claim it once denied. There are also new claims,secondary claims, andspecial claims.
http://www.benefits.va.gov/pension/current_rates_veteran_pen.asphttp://www.benefits.va.gov/pension/current_rates_veteran_pen.aspANNUAL INCOME AND NET WORTH REQUIREMENT FOR VETERANShttp://www.benefits.va.gov/pension/current_rates_veteran_pen.asp
Requires VA to notify the you and your representative (if any), in writing of:
A chronic, tropical, prisoner of war related disease, or a disease associated with exposure to certain herbicide agents listed in CFR 3.309 will be considered to have been incurred in or aggravated by service under the circumstances outlined in this section even though there is no evidence of such disease during the period of service. No condition other than one listed in §3.309(a) will be considered chronic.
The following diseases shall be granted service connection as a result of chronic diseases if all provisions of law are meet and it is manifested to a compensable degree within one year of service, except for Hansen’s disease and Tuberculosis which is 3 years and Multiple Sclerosis which is 7 years following service in a period of war or following peacetime service on or after January 1, 1947
The following diseases shall be granted service connection as a result of tropical service if all provisions of law are meet and it is manifested to compensable degree within one year following service in a period of war or following peacetime service
Amebiasis.Blackwater fever.Cholera.Dracontiasis.Dysentery.Filariasis.Leishmaniasis, including kala-azar.Loiasis.Malaria.
Onchocerciasis.Oroya fever.Pinta.Plague.Schistosomiasis.Yaws.Yellow fever.Resultant disorders or diseases originating because of therapy administered in connection with such diseases or as a preventative thereof.38 CFR 3.303(b) Tropical diseases
DID YOU PARTICIPATE IN A RADIATION RISK ACTIVITY? as a result of tropical service if all provisions of law are meet and it is manifested to compensable degree within one year following service in a period of war or following peacetime service
A) Onsite participation in a test involving the atmospheric detonation of a nuclear device.(B) The occupation of Hiroshima or Nagasaki, Japan, by United States forces during the period beginning on August 6, 1945, and ending on July 1, 1946.(C) Internment as a prisoner of war in Japan(or service on active duty in Japan immediately following such internment) during World War II which resulted in an opportunity for exposure to ionizing radiation comparable to that of the United States occupation forces in Hiroshima or Nagasaki, Japan, during the period beginning on August 6, 1945, and ending on July 1, 1946.
DO YOU HAVE ANY DISEASE LISTED IN CFR 3.309(d)?
Leukemia (other than achronic lymphocytic leukemia.
Cancer of the thyroid.
Cancer of the breast.
Cancer of the pharynx.
Cancer of the esophagus.
Cancer of the stomach.
Cancer of the small intestine.
Cancer of the pancreas.
Lymphomas (except Hodgkin’s disease).
Cancer of the bile ducts.
Cancer of the gall bladder.
Primary liver cancer (except if cirrhosis or hepatitis B is indicated).
Cancer of the salivary gland.
Cancer of the urinary tract (urinary tract means the kidneys, renal pelves, ureters, urinary bladder, and urethra)
Cancer of the bone.
Cancer of the brain.
Cancer of the colon.
Cancer of the lung.
Cancer of the ovary.38 CFR 3.309(d) Radiation-Risk Activity
Do you have a disease listed 3.309(e)
The term soft-tissue sarcoma includes the following:
Adult fibrosarcoma; Dermatofibrosarcoma protuberans; Malignant fibrous histiocytoma; Liposarcoma; Leiomyosarcoma; Epithelioid leiomyosarcoma (malignant leiomyoblastoma); Rhabdomyosarcoma; Ectomesenchymoma; Angiosarcoma (hemangiosarcoma and lymphangiosarcoma); Proliferating (systemic) angioendotheliomatosis; Malignant glomus tumor; Malignant hemangiopericytoma; Synovial sarcoma (malignant synovioma); Malignant giant cell tumor of tendon sheath; Malignant schwannoma, including malignant schwannoma with rhabdomyoblastic differentiation (malignant Triton tumor), glandular and epithelioid malignant schwannomas; Malignant mesenchymoma; Malignant granular cell tumor;Alveolar soft part sarcoma; Epithelioid sarcoma; Clear cell sarcoma of tendons and aponeuroses; Extraskeletal Ewing’s sarcoma; Congenital and infantile fibrosarcoma; Malignant ganglioneuroma
WHAT IS NEEDED FOR SERVICE CONNECTION?
Do You have a disease in CFR 3.311(b)(2) and disease first manifested within the period specified in 38 CFR 3.311(b)(5)
All forms of leukemia except chronic lymphatic (lymphocytic) leukemia;
Bone cancer must become manifest within 30 years after exposure;
Leukemia may become manifest at any time after exposure;
Posterior subcapsular cataracts must become manifest 6 months or more after exposure; and
Other diseases specified in paragraph (b)(2) of this section must become manifest 5 years or more after exposure
Urinary bladder cancer;
Salivary gland cancer;
Posterior subcapsular cataracts;
Non-malignant thyroid nodular disease;
Tumors of the brain and central nervous system;
Cancer of the rectum;
Lymphomas other than Hodgkin’s disease;
Prostate cancer; and
Any other cancer.
a disease not listed, but can cite or have competent scientific or do you have medical evidence that the claimed condition is a radiogenic disease38 CFR 3.311Ionizing Radiation Con’t.
ARE YOU EXPERIENCING ANY OR A COMBINATION OF THE FOLLOWING CONDITIONS:
Inhalation of asbestos fibers can produce:
Specific effects of exposure to asbestos include
(a) Total disability ratings —(1) General. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation. Total disability may or may not be permanent. Total ratings will not be assigned, generally, for temporary exacerbations or acute infectious diseases except where specifically prescribed by the schedule.
(2) Schedule for rating disabilities. Total ratings are authorized for any disability or combination of disabilities for which the Schedule for Rating Disabilities prescribes a 100 percent evaluation or, with less disability, where the requirements of paragraph 16, page 5 of the rating schedule are present or where, in pension cases, the requirements of paragraph 17, page 5 of the schedule are met.
(3) Ratings of total disability on history. In the case of disabilities which have undergone some recent improvement, a rating of total disability may be made, provided:
(i) That the disability must in the past have been of sufficient severity to warrant a total disability rating;
(ii) That it must have required extended, continuous, or intermittent hospitalization, or have produced total industrial incapacity for at least 1 year, or be subject to recurring, severe, frequent, or prolonged exacerbations; and
(iii) That it must be the opinion of the rating agency that despite the recent improvement of the physical condition, the veteran will be unable to effect an adjustment into a substantially gainful occupation. Due consideration will be given to the frequency and duration of totally incapacitating exacerbations since incurrence of the original disease or injury, and to periods of hospitalization for treatment in determining whether the average person could have reestablished himself or herself in a substantially gainful occupation.
(b) Permanent total disability. Permanence of total disability will be taken to exist when such impairment is reasonably certain to continue throughout the life of the disabled person. The permanent loss or loss of use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or bedridden constitutes permanent total disability. Diseases and injuries of long standing which are actually totally incapacitating will be regarded as permanently and totally disabling when the probability of permanent improvement under treatment is remote. Permanent total disability ratings may not be granted as a result of any incapacity from acute infectious disease, accident, or injury, unless there is present one of the recognized combinations or permanent loss of use of extremities or sight, or the person is in the strict sense permanently helpless or bedridden, or when it is reasonably certain that a subsidence of the acute or temporary symptoms will be followed by irreducible totality of disability by way of residuals. The age of the disabled person may be considered in determining permanence.
(c) Insurance ratings. A rating of permanent and total disability for insurance purposes will have no effect on ratings for compensation or pension.
DENTAL TRAUMA (CLASS II(a)
(c) aid and attendance; criteria. The veteran, spouse, surviving spouse or parent will be considered in need of regular aid and attendance if he or she:(1) Is blind or so nearly blind as to have corrected visual acuity of 5/200 or less, in both eyes, or concentric contraction of the visual field to 5 degrees or less; or
2) Is a patient in a nursing home because of mental or physical incapacity; or(3) Establishes a factual need for aid and attendance under the criteria set forth in ? 3.352(a).(Authority: 38 U.S.C. 1502(b))
(d) Housebound, or permanent and total plus 60 percent; disability pension. The rate of pension payable to a veteran who is entitled to pension under 38 U.S.C. 1521 and who is not in need of regular aid and attendance shall be as prescribed in 38 U.S.C. 1521(e) if, in addition to having a single permanent disability rated 100 percent disabling under the Schedule for Rating Disabilities (not including ratings based upon unemployability under ? 4.17 of this chapter) the veteran:(1) Has additional disability or disabilities independently ratable at 60 percent or more, separate and distinct from the permanent disability rated as 100 percent disabling and involving different anatomical segments or bodily systems, or(2) Is ?permanently housebound? by reason of disability or disabilities. This requirement is met when the veteran is substantially confined to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical area, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.(Authority: 38 U.S.C. 1502(c), 1521(e))
(e) Housebound; dependency and indemnity compensation. The monthly rate of dependency and indemnity compensation payable to a surviving spouse who does not qualify for increased dependency and indemnity compensation under 38 U.S.C. 1311(c) based on need for regular aid and attendance shall be increased by the amount specified in 38 U.S.C. 1311(d) if the surviving spouse is permanently housebound by reason of disability. The ?permanently housebound? requirement is met when the surviving spouse is substantially confined to his or her home (ward or clinical areas, if institutionalized) or immediate premises by reason of disability or disabilities which it is reasonably certain will remain throughout the surviving spouse's lifetime.(Authority: 38 U.S.C. 1311(d))
(f) Housebound; improved pension; death. The annual rate of death pension payable to a surviving spouse who does not qualify for an annual rate of death pension payable under ? 3.23(a)(6) based on need for aid and attendance shall be as set forth in ? 3.23(a)(7) if the surviving spouse is permanently housebound by reason of disability. The ?permanently housebound? requirement is met when the surviving spouse is substantially confined to his or her home (ward or clinical areas, if institutionalized) or immediate premises by reason of disability or disabilities which it is reasonably certain will remain throughout the surviving spouse's lifetime.(Authority: 38 U.S.C. 1541(e))
(a) Basic determinations. A child must be shown to be permanently incapable of self-support by reason of mental or physical defect at the date of attaining the age of 18 years.
8-5-1964 to 5-7-1975