WHO IS A VETERAN? • 38 CFR 3.1(d). • Veteran means a person who served in the Active Military, Naval or Air Service and who was discharged or released under conditions other than dishonorable
DISABILITY COMPENSATION
Entitlement exists if a veteran is disabled as the result of a personal injury or disease (including aggravation of a condition existing prior to service) while in active service if the injury or the disease was incurred in the line of duty.
SERVICE-CONNECTED DISABILITY
• Five Types of Service Connected Disabilities 1. Direct 2. Aggravation 3. Presumptive 4. Secondary 5. Result of Hospitalization (1151)
DIRECT SERVICE CONNECTION • Means the veteran’s disability was incurred during his/her military service. • Evidence to substantiate such a claim will generally be found in the Service Medical Records (SMR’s) • Two very important documents: 1. Entrance examination – to prove presumption of soundness upon entering military service. 2. Discharge physical – should show any changes from the entrance examination
Aggravation
It must be conceded the condition claimed pre-existed active duty in the armed forces, and that the condition was aggravated by active military service beyond the normal progression of the disease or disability.
Presumptive • Certain diseases have been given a period of time, after release from active duty, to allow for the onset and still be considered as incident to service even though there was no treatment or diagnosis in the SMR’s 38 C.F.R. 3.307 • Only those diseases listed in 38 C.F.R. 3.309 and 3.317 can be service connected by presumption ( see CVSO or DSO) • To be service-connected, the disease must be diagnosed and be at lease 10% disabling within the presumptive period.
Secondary
• A disability that is approximately due to or the result of a service-connected disease or disability. • Service-connection must have already been established for a disability.
• If another disability develops independently of the service-connected disability and can medically show to be directly related to the SC disability, the VA may grant SC for the other disability.
RESULT OF HOSPITALIZATION (1151)
• Due to or a result of: 1. 2. 3. 4. VA Hospitalization Medical or Surgical Treatment by the VA VA Examination May file a Tort claim for such disability in the Federal Court ( Attorney required) 5. If damages are awarded from a Tort claim the veteran cannot receive compensation until total amount is recouped
PENSION (Non-Service-Connected)
Definition:
Disability pension is a benefit payable monthly by the Department of Veterans Affairs because of non-service Connected disability or age.
Service Requirements for Pension
• 1. 90 days or more wartime service or • 2. 90 days or more consecutive service which began or ended during wartime period or • 3. 90 days or more combined service in two or more wartime periods or • 4. If less than 90 days, discharged for a disability in the line of duty
Summary of Pension
To qualify for pension, the veteran must meet the following 5 requirements:
• 1. Served in active military service of 90 days or more with at least one day served during a wartime and • 2. Was discharged other than dishonorably, and • 3. Has a disability (s) that are permanent and total, and • 4. Veteran must have a limited income, that is, income not to exceed the Maximum Annual Pension Rate (MAPR) Veteran alone $11,830; Veteran with Spouse $15,493 • 5. Veteran’s net worth does not exceed $80,000.00
DEPENDENCY & INDEMNITY COMPENSATION (DIC)
Even though a veteran died of non-service connected causes, VA will pay death benefits to the surviving spouse or children in the same manner as if the veteran’s death were service connected.
DEPENDENCY & INDEMNITY COMPENSATION (DIC) • 1. Veteran’s death was not caused by his/her willful misconduct, and • 2. Veteran was rated by VA as totally disabling for a continuous period of at least 10 years immediately preceding death and • 3. Veteran was rated totally disabling continuously since the veteran’s release from active duty and for at least 5 years immediately preceding death less than 5 years immediately preceding death
IMPROVED DEATH PENSION (Widow’s Pension)
Definition: A monthly payment made by the DVA to a veteran’s surviving spouse or child
Qualifications: • • • • 1. 2. 3. 4. Veteran’s death was non-service-connected Veteran had qualifying war-time service Veteran had an honorable discharge The surviving spouse or child meets the annual income and net worth requirements