PRESENTATION BY BART STICHMAN NATIONAL VETERANS LEGAL SERVICES PROGRAM
BASIC OVERVIEW OF VA SERVICE-CONNECTED DISABILITY COMPENSATION I. The Most Important VA Benefit: Service-Connected Disability Compensation A. Major VA Benefit Programs 1. Service-Connected (“Compensation”); Disability Benefits for veterans
2. (Needs-based) Non-Service Connected Disability Pension Benefits for war-time veterans; 3. Service-Connected Death Benefits for certain qualified survivors of deceased veterans (“DIC”) 4. (Needs-based) Non-Service Connected Death Pension Benefits for certain qualified survivors of deceased war-time veterans B. There are potentially three determinations that the VA will make in deciding a veteran’s claim for disability compensation: 1. Whether the veteran is entitled to disability compensation, and, if the veteran is so entitled: 2. The degree of the veteran’s disability (from 0% to 100%); 3. The effective date of the award of disability compensation (the effective date is the date from which monthly payments are made). The effective date is usually (but not always) the date the claim is received by the VA. If claim is filed within one year of the date of discharge, the effective date will usually be the date of discharge.
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C. How Much Money is at Stake? Service-Connected Disability Compensation Rates effective December 1, 2007 – payments are tax free Disability Monthly Annually rating (a) 10% $117 $1,404 (b) 20% $230 $2,760 (c) 30% $356 $4,272 (d) 40% $512 $6,144 (e) 50% $728 $8,736 (f) 60% $921 $11,052 (g) 70% $1,161 $13,932 (h) 80% $1,349 $16,188 (i) 90% $1,517 $18,204 (j) 100% $2,527 $30,324
Additional Compensation for Dependents (Amending 38 U.S.C. § 1115) The following tax-free monthly rates are for dependents of veterans rated 100% disabled. Spouse No spouse, one child Spouse and one child Each additional child Dependent parent Child pursuing post-secondary education $142 $96 $245 $71 $114 $227
Example: A veteran is discharged on February 1, 2006 and applies to the VA on July 1, 2006 for disability compensation for post-traumatic stress disorder (“PTSD”). After the veteran appeals the initial VA denial, on July 1, 2009 the VA grants the claim, and assigns a 100% disability rating for the PTSD. The veteran has a spouse and one child. The veteran is owed over $100,000 in tax-free benefits for the 41-month period from 2/1/2006 to 7/1/2009, and over $2,700 in monthly prospective benefits.
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II. VA Entitlement Criteria for Service-Connected Disability Compensation [VBM Chapters 2, 3, 4, 5]1 A. Overview of Entitlement Criteria [VBM 3.1.1.1, 3.1.2, 3.2.4]. Veterans are entitled to compensation for disabilities incurred in or aggravated during active military, naval, or air service. 38 U.S.C. § 1110. This means incurred in or aggravated during the period starting on the date of entry into active service and ending on the date of discharge from active service. “Service department findings are binding on VA for purposes of establishing service in the U.S. Armed Forces." Spencer (Johnny) v. West, 13 Vet.App. 376, 380 (2000) (under 38 C.F.R. § 3.203 and relevant caselaw, service department records are authoritative of whether an individual served and dates of service); Duro v. Derwinski, 2 Vet.App. 530, 532 (1992). B. Examples: A battlefield wound to knee and a knee injured while sliding into second base during a baseball game played during active service may both eventually be determined service-connected conditions. C. Assuming the claimant has established the status of a “veteran”, the three basic entitlement criteria are: 1. evidence (usually medical evidence) that the veteran currently suffers from a disability; 2. evidence of an incident, injury, or event during the period of the veteran's military service; 3. evidence (usually medical evidence) of a link between the current disability and the incident, injury, or event during service (Caluza v. Brown, 7 Vet.App. 498, 506 (1995)).
III.
The First of the Three Criteria: Evidence (usually medical evidence) that the veteran currently suffers from a disability. A. To satisfy this criterion, the record almost always must contain a diagnosis by a medical professional. B. Under VA’s duty to assist a claimant in obtaining evidence necessary to substantive the claim, the veteran may be able to force the VA to provide a free VA medical examination to diagnose the claimed condition.
Cites to VBM are to NVLSP’s Veterans Benefits Manual published by LexisNexis and available at
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C. The veteran must “currently” suffer from the disability - - meaning on or after the date of application. IV. Second Criterion: Evidence of an event, injury, or disease that occurred during the period of active military service. A. VA places great weight on the contents of the veteran’s military personnel and medical records. B. VA is required to consider lay evidence of what happened in service submitted by the claimant. There is no requirement that the event, injury or disease be confirmed in the military records, but lack of confirmation can be weighted against the lay evidence. See Buchanan v. Nicholson.451 F.3d 1331 (Fed.Cir. 2006) C. Relaxed evidentiary standards for combat veterans. 38 U.S.C. §1154 requires the VA to accept a veteran’s lay statement about what happened in service if the event (1) occurred while the veteran was “engaged in combat with the enemy,” (2) is “consistent with the circumstances” of such service, and (3) there is not “clear and convincing evidence to the contrary.” V. Five Ways To Establish Disability is Service-Connected – The third linkage criterion [VBM 3.4] There are five ways of establishing linkage between a current disability and an event, injury or disease that occurred during the period of military service. The VA must consider all theories when adjudicating a claim for service connection. See Schroeder v. West, 212 F.3d 1265 (Fed. Cir. 2000) ("the agency's duty to assist (pre-VCAA) pursuant to section 5107(a), as further explained in 38 C.F.R. §§ 3.102 & 3.103, attaches to the investigation of all possible in-service causes of that current disability, including those unknown to the veteran"). The VA must make reasonable efforts to assist in development of a claim unless there is no reasonable possibility that assistance would aid in substantiating the claim. 38 U.S.C. § 5103A(a)(2). A. Directly. For example, by showing through military or service medical records (SMRs) that the condition was manifested or diagnosed during military service, or demonstrating, usually via a medical opinion, that an incident in service caused the veteran eventually to suffer from a disability under 38 C.F.R. §§ 3.303(a) and 3.304. [VBM 3.4.3]. 1. "Delayed Direct Service Connection" - Direct SC can be established if an event in service caused the veteran to suffer a disability or disease
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many years later under 38 C.F.R. § 3.303(d). To win this type of claim, usually the veteran would need to have a medical opinion linking the incident in service to the origination of the current disability. [Example: hearing loss ultimately caused by in-service noise exposure; arthritis ultimately caused by in-service trauma to a joint] 2. Chronicity and Continuity; a. Chronic Conditions - if a condition shown in service is determined to be "chronic" (lasting, of long duration,) then subsequent manifestations of the same condition at any later date, however remote, are service connected unless clearly attributable to intervening causes. See 38 U.S.C. § 1101(3) and 38 C.F.R. § 3.309(a) for a list of diseases accepted as chronic by the VA. For any condition or illness not on this list, medical evidence can be submitted to show that the condition is chronic. See Brannon v. Derwinski, 1 Vet.App. 314 (1991). "Thus if appellant establishes that he suffered from a 'chronic' stomach condition that was incurred during his military service, any manifestations of it at a later date represents [sic] a serviceconnected disability for which compensation is due unless those manifestations are clearly attributable to intervening causes." Brannon v. Derwinski, 1 Vet.App. at 315-16. "For the showing of chronic disease in service there is required a combination of manifestations sufficient to identify the disease entity and sufficient observation to establish chronicity at the time, as distinguished from merely isolated findings or a diagnosis including the word 'Chronic.'" 38 C.F.R. § 3.303(b). b. Continuity of Symptomatology - 38 C.F.R. § 3.303(b) provides that "[c]ontinuity of symptomatology is required only where the condition noted during service (or in the presumptive period) is not, in fact, shown to be chronic.... When the fact of chronicity in service is not adequately supported, then a showing of continuity after discharge is required to support the claim." Where the condition noted during service is considered "acute" (having a short course) not chronic, in most cases the claimant will need medical evidence that links the current condition to the acute condition experienced in service. See also Savage v. Gober, 10 Vet.App. 488 (1997).
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B.
Via Aggravation If a veteran shows worsening of a condition that preexisted service, a presumption of aggravation applies and the burden shifts to the VA to show a lack of aggravation by establishing "that the increase in disability is due to the natural progress of the disease." 38 U.S.C. § 1153. "Clear and unmistakable evidence (obvious or manifest) is required to rebut the presumption of aggravation where the preservice disability underwent an increase in severity during service." 38 C.F.R. § 3.306(b); Vanerson v. West, 12 Vet.App. 254 (1999) ("[clear and unmistakable evidence] is not merely evidence that is cogent and compelling, i.e., a sufficient showing, but evidence that is ... undebatable"). [VBM 3.4.4.] For non-combat veterans, temporary or intermittent flare-ups during service of a preexisting injury or disease are not sufficient to be considered aggravation in service unless evidence shows the underlying condition worsened. Davis v. Principi, 276 F.3d 1341 (Fed. Cir. 2002). Combat veterans may establish aggravation of a preexisting condition not only by manifesting symptoms indicative of a permanent change in condition but also by manifesting symptoms of a temporary increase in severity. Davis, 276 F.3d at 1346; Jensen v. Brown, 19 F.3d 1413, 1416 (Fed. Cir. 1994); 38 C.F.R. § 3.306(b)(2). Presumption of Soundness - Unless the service entrance exam indicates otherwise, the VA is required to presume that the veteran was in sound condition when he or she entered the service. 38 U.S.C. § 1111; 38 C.F.R. § 3.304(b). In order to rebut the presumption of soundness VA must show with clear and unmistakable evidence that the condition preexisted service and was not aggravated during service. See Wagner v. Principi, 370 F.3d 1089 (Fed. Cir. 2004); VAOPGCPREC 3-2003 (July 16, 2003). Significant cases dealing with the presumption of soundness: Bagby v. Derwinski, 1 Vet.App. 225, 228 (1991) (physician’s statement that veteran treated for a disability prior to service was clear and unmistakable evidence that disability preexisted service); Doran v. Brown, 6 Vet.App. 283, 286 (1994) (veteran’s entrance examination and SMRs were destroyed in the 1973 fire but his own admissions during service of a preservice history of psychiatric problems were clear and unmistakable evidence of preexistence); Kinnaman v. Principi, 4 Vet.App. 20, 27 (1993) (Physician statement indicating that it is "probable" that disability preexisted service is not clear and unmistakable evidence of preexistence); Harris (Edward) v. West, 11 Vet.App. 456 (1998) (doctor's "unequivocal and uncontradicted opinion" that retinitis pigmentosa pre-existed service, supported by veteran’s assertions of night blindness since childhood is clear and unmistakable evidence of preexistence); Miller v. West, 11 Vet.App. 345 (1998) (medical opinion supporting preexistence of condition is not clear and unmistakable evidence where it is "not supported by any contemporaneous clinical evidence or recorded history");
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Vanerson v. West, 12 Vet.App. 254, 259 (1999) (BVA must consider all evidence of record when determining whether presumption of soundness is rebutted with clear and unmistakable evidence). C. Statutory Presumption. [VBM 3.4.5] For example, 1. Chronic Diseases: manifestation within one year of discharge for chronic diseases, such as arteriosclerosis, arthritis, brain hemorrhage, cirrhosis of the liver, diabetes, epilepsy, leukemia, psychosis (e.g., schizophrenia, but not neuropsychiatric diseases like post-traumatic stress disorder or anxiety disorder), and malignant tumors (38 C.F.R. § 3.309(a)); manifestation within three years for tuberculosis and Hansen's disease (leprosy) (38 U.S.C. § 1112(a)(3),(5); 38 C.F.R. §§ 3.307(a)(3), 3.309(a)); and manifestation within seven years for multiple sclerosis (38 U.S.C. § 1112(a)(4); 38 C.F.R. § 3.307(a)(3)). In Splane v. West, 216 F.3d 1058 (Fed. Cir. 2000), the U.S. Court of Appeals for the Federal Circuit determined that the presumption explained in 38 U.S.C. § 1112(a) (covering chronic diseases, tropical diseases, active tuberculous disease, multiple sclerosis, Hansen's disease) applies even where the condition existed prior to and was aggravated by service. A presumption of service connection under 38 U.S.C. § 1112 may be rebutted where there is affirmative evidence to the contrary, or evidence to establish that an intercurrent injury or disease which is a recognized cause of any of the listed diseases has been suffered between the date of separation from service and the onset of any such diseases. See 38 U.S.C. § 1113. Affirmative evidence is "evidence of a nature usually accepted as competent to indicate the time of existence or inception of a disease" that "would, in sound medical reasoning and in the consideration of all evidence of record, support a conclusion that the disease was not incurred in service." See 38 C.F.R. § 3.307(d); Goodsell v. Brown, 5 Vet. App. 36 (1993). 2. Tropical Diseases: manifestation within one year of separation from service of tropical diseases, such as cholera, dysentery, malaria, or filariasis. 38 U.S.C. § 1112(a)(2); 38 C.F.R. § 3.309(b). POWs: manifestation at any time for diseases common among prisoners of war (POWs), such as cirrhosis of the liver, beriberi, peptic ulcer disease, malnutrition, irritable bowel syndrome, peripheral neuropathy, psychosis, an anxiety condition, dysthymic disorder, depressive neurosis, atherosclerotic heart disease or hypertensive vascular disease (including hypertensive heart disease) and their complications (including myocardial infarction, congestive heart failure, arrhythmia)
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and stroke and its complications. 38 U.S.C. § 1112(b); 38 C.F.R. § 3.309(c). 4. Persian Gulf Veterans: manifestation prior to December 31, 2011, for veterans of the Persian Gulf War who exhibit either: (1) a medically unexplained chronic multisymptom illness (such as chronic fatigue syndrome, fibromyalgia, etc…) or (2) an objective indication of a chronic undiagnosed disability manifested by one or more signs or symptoms, including but not limited to, fatigue, skin problems, headache, muscle pain, joint pain, neurologic symptoms, respiratory symptoms. 38 C.F.R. § 3.317(b). Radiation-Exposed Veterans: Service connection may be granted for radiation-exposed veterans who are suffering from certain diseases determined to be linked to radiation exposure. 38 U.S.C. § 1112(c); 38 C.F.R. § 3.309(d); see also 38 C.F.R. § 3.311 (providing rules for the adjudication of claims for service connection based on exposure to ionizing radiation, and referencing a list (which differs from the list in 38 U.S.C. § 1112) of "radiogenic diseases"); see also Combee v. Brown, 34 F.3d 1039 (Fed. Cir. 1994) (overturning Combee v. Principi, 4 Vet.App. 78 (1993)); 38 U.S.C. § 1116; 38 C.F.R. § 3.309(e). Exposure to Herbicide Agents (Agent Orange): Service connection on a presumptive basis is available to veterans who served in Vietnam, have one of the diseases on the VA's list of conditions linked to herbicide exposure (chloracne, Hodgkin's disease, multiple myeloma, nonHodgkins's lymphoma, prostate cancer, acute or subacute peripheral neuropathy, porphyria cutanea tarda, some respiratory cancers, many soft-tissue sarcomas, adult-onset diabetes mellitus, chronic lymphocytic leukemia) and meet the requirements set by the VA for onset of disease and degree of disability. See 38 C.F.R. §§ 3.309(e), 3.313. Service in Vietnam includes service in the waters offshore of Vietnam (“blue water” Navy veterans). Haas v. Nicholson, 20 Vet. App. 257 (2006). Certain benefits, including health care, vocational training, and a monthly stipend, are available to children with spina bifida born to veterans who served in Vietnam during the Vietnam era. See 38 U.S.C. §§ 1801-1806. To successfully fix service connection via the presumptive method, a condition must simply be manifested, not necessarily formally diagnosed, within the presumptive period. 38 U.S.C. § 1112; 38 C.F.R. § 3.307(c). In most cases the veteran must have served on active duty for 90 continuous days to be eligible for service-connected benefits under a statutory presumption. 38 U.S.C. §§ 1112(a), 1137; see Grose v. Brown,
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**NOTE**
**NOTE**
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4 Vet.App. 144 (1993); Robinson v. Brown, 9 Vet.App. 398 (1996). This rule does not apply to veterans claiming service connection for POW presumptive conditions or herbicide-related presumptive conditions. 38 C.F.R. § 3.307(a)(1). **NOTE**"Presumptive periods are not intended to limit service connection to diseases so diagnosed when the evidence warrants direct service connection. The presumptive provisions ... are intended as liberalizations applicable when the evidence would not warrant service connection without their aid." 38 C.F.R. § 3.303(d). [VA is required to first consider direct SC then consider SC under a liberalization such as presumptive SC]. D. Secondarily. A veteran may be awarded service connection on a secondary basis by demonstrating a condition is proximately the result of, or linked to, a service-connected condition. 38 C.F.R. § 3.310; Akles v. Derwinski, 1 Vet.App. 118 (1991). If a service-connected condition causes or aggravates a second condition, that second condition may be service connected and the veteran may be compensated for the degree of disability that is over and above the degree of disability that existed prior to the aggravation. Allen v. Brown, 7 Vet.App. 439 (1995). It is not relevant how long after service the secondary disorder manifested itself. Dyess v. Derwinski, 1 Vet.App. 448, 454 (1991). [VBM 3.4.6] Secondary SC may be established for a mental condition caused or aggravated by a SC physical condition. Hoag v. Brown, 4 Vet.App. 209 (1993). Likewise, secondary SC may be established for a physical condition caused by a SC mental condition. Paller v. Principi, 3 Vet.App. 535 (1992). In Roper v. Nicholson, 20 Vet.App. 173 (2006) the veteran claimed, among other things, that his SC bilateral hearing loss made him unable to hear and react in a timely way to a verbal warning from a co-worker, causing him to slip and fall and injure his knee. The Court determined that the Board had improperly rejected the statements of witnesses to the event and that a medical opinion might be helpful in determining whether it was as likely as not that someone with the veteran’s level of hearing loss would be unable to hear warning shouts. E. Caused by VA Medical Treatment or Vocational Rehabilitation (such disability is to be treated “as if” it is service-connected) 38 U.S.C. § 1151. [VBM 4.3] 1. Disability caused by VA medical care or vocational rehabilitation may be treated “as if” it is connected to service. Section 1151 requires fault (negligence, lack of proper skill, carelessness, error in judgment) or accident (lack of foreseeability) by VA.
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2. Prior to October 1, 1997, section 1151 did not require fault or accident by VA. See Brown v. Gardner, 115 S. Ct. 552 (1994). For more information on the earlier statute, see VBM 4.3.4. 3. If VA negligence is a factor, the claimant can file a claim under the Federal Torts Claims Act. [VBM 4.2]. Pursuing both avenues simultaneously is advised. [VBM 4.1]. 4. Assuming requirements relating to severity of disability are met, veterans with section 1151 disabilities are entitled to special adaptive housing benefits and may be entitled to other ancillary benefits. See Kilpatrick v. Principi, 16 Vet.App. 1 (2002). MILITARY ADMINISTRATIVE SEPARATIONS AND ENTITLEMENT TO VA SERVICE-CONNECTED DISABILITY BENEFITS I. The Three Ways by Which Enlisted Personnel Can Be Discharged Prior to Expiration of Term of Service (ETS) A. As the result of the sentencing phase of a conviction by a Special Courtmartial or General Court-Martial (with a Bad Conduct Discharge or Dishonorable Discharge) B. Pursuant to finding in an administrative separation proceeding that the servicemember should be discharged, in which case: 1. The servicemember is not eligible for military disability retirement benefits or free military medical care (Tricare); 2. The servicemember may be barred from VA benefits depending upon character of discharge certificate issued. C. Pursuant to a finding by a Physical Evaluation Board that the servicemember is unfit for continued service due to physical or mental disability. 1. If the PEB rates the unfitting condition as 30% disabling or higher, the individual is entitiled to monthly military disability retirement benefits and free military medical care (Tricare) for the rest of individuals life. 2. If the PEB rated unfitting condition as less than 30% disabling, individual gets lump sum disability separation payment and is not entitled to Tricare. 3. All those discharged by a PEB may be entitled to tax-free serviceconnected disability benefits from VA and free VA medical for the veteran.
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II. The Impact of a Less Than Honorable Administrative Discharge on Entitlement to VA Service-Connected Disability Compensation A. To qualify for most VA benefits based on veteran status, one must be satisfy the definition of a “veteran” in 38 U.S.C. § 101(2). To satisfy this definition, the servicemember must have been discharged or released from active service “under conditions other than dishonorable.” But this does not mean that a discharge other than a Dishonorable Discharge satisfies the definition. Instead, the following general rules apply: 1. In general, a veteran with an Honorable Discharge (HD) or a General Discharge (Under Honorable Conditions) (GD) are eligible for VA benefits (that is, satisfy the definition of a “veteran” in 38 U.S.C. § 101(2)). 2. A veteran is not generally eligible for most VA benefits if he or she was administratively issued an Under Other Than Honorable Conditions Discharge (OTH), or issued a Bad Conduct Discharge (BCD) or Dishonorable Discharge (DD) by sentence of a court-martial. B. Because more than 90% of military personnel are issued an HD, anything other than an HD -- even a GD – is typically stigmatizing to a veteran and hinders the ability to obtain employment in civilian life. C. There are two avenues by which a veteran issued an OTH Discharge can remove the bar to VA disability (and other) benefits: 1. Apply to the VA for a “character of discharge” determination; 2. Apply to and obtain an upgrade in the discharge to an HD or GD from a Discharge Review Board or Board for Correction of Military Records
MILITARY ADMINISTRATIVE SEPARATION PROCEEDINGS VERSUS PHYSICAL DISABILITY DISCHARGE PROCEEDINGS (MEB/PEB) AR 40-501, Standards of Medical Fitness AR 40-501, para. 3-3 Soldiers with conditions listed in this chapter who do not meet the required medical standards will be evaluated by an MEB . . . and will be referred to a PEB as defined in AR 635–40 with the following caveats: AR 40-501, para. 3-3 b. Soldiers pending separation in accordance with provisions of AR 635–200 or AR 600– 8–24 authorizing separation under other than honorable conditions who do not meet medical retention standards will be referred to an MEB. In the case of enlisted Soldiers,
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the physical disability processing and the administrative separation processing will be conducted in accordance with the provisions of AR 635–200 and AR 635–40. (AR 40501, Standards of Medical Fitness, para. 3-3) AR 635-40, Physical Evaluation for Retention, Retirement, or Separation AR 635-40, para. 4–3. Enlisted Soldiers subject to administrative separation a. Except as provided below, an enlisted Soldier may not be referred for, or continue, physical disability processing when action has been started under any regulatory provision which authorizes a characterization of service of under other than honorable conditions. AR 635-40, para. 4–3. Enlisted Soldiers subject to administrative separation According to the Army Physical Disability Agency, “physical disability processing” refers to the PEB, not the MEB. AR 635-40, para. 4–3. Enlisted Soldiers subject to administrative separation b. If the case comes within the limitations above, the commander exercising general court-martial jurisdiction over the Soldier may abate the administrative separation. This authority may not be delegated. A copy of the decision, signed by the general courtmartial convening authority (GCMCA), must be forwarded with the disability case file to the PEB. AR 635-40, para. 4–3. Enlisted Soldiers subject to administrative separation b. . . . A case file may be referred in this way if the GCMCA finds the following: (1) The disability is the cause, or a substantial contributing cause, of the misconduct that might result in a discharge under other than honorable conditions. (2) Other circumstances warrant disability processing instead of alternate administrative separation. AR 635-40, para. 4–3. Enlisted Soldiers subject to administrative separation c. A Soldier being considered for separation because of unsatisfactory performance (AR 635–200, chap 13), must be referred for disability processing upon approved recommendation of a MEBD (AR 635–200, para 1–35a). AR 635-200, Active Duty Enlisted Administrative Separations AR 635-200, para. 1–33. Disposition through medical channels a. Except in separation actions under chapter 10 and as provided in para 1–34b, disposition through medical channels takes precedence over administrative separation processing. AR 635-200, para. 1–33. Disposition through medical channels b. When the medical treatment facility (MTF) commander or attending medical officer determines that a soldier being processed for administrative separation under chapters 7 (see sec IV), 14, or 15, does not meet the medical fitness standards for retention (see AR
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40–501, chap 3), he/she will refer the soldier to a Medical Evaluation Board (MEB) in accordance with AR 40–400. The administrative separation proceedings will continue, but final action by the separation authority will not be taken, pending the results of MEB. AR 635-200, para. 1–33. Disposition through medical channels b. (1) If the MEB findings indicate that referral of the case to a physical evaluation board (PEB) is warranted for disability processing under the provisions of AR 635–40, the MTF commander will furnish copies of the approved MEB proceedings to the soldier’s GCMCA and unit commander. The GCMCA may direct, in writing, that the soldier be processed through the physical disability system when action under the UCMJ has not been initiated, and one of the following has been determined: (a) The soldier’s medical condition is the direct or substantial contributing cause of the conduct that led to the recommendation for administrative elimination. (b) Other circumstances of the individual case warrant disability processing instead of further processing for administrative separation.
LAWYERS ASSISTING WARRIORS
A project of the National Veterans Legal Services Program (NVLSP) honoring our men and women in uniform by providing free legal services to U.S. military personnel and veterans who have served in Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF), including legal advocacy on issues of disability, discharge and veterans benefits. While combat operations continue in Iraq and Afghanistan, countless American troops and veterans are returning to a crisis at home: U.S. military personnel home from the warzone find themselves left to fight, often without legal representation, for the benefits they have so honorably earned while defending our nation. Lawyers Assisting Warriors provides free legal representation, through a network of premiere law firms and attorneys, for active duty servicemembers and veterans navigating government agencies in an effort to receive disability benefits, proper military discharges and other benefits due them. Lawyers Assisting Warriors: What We Do Through a network of volunteer attorneys, Lawyers Assisting Warriors provides free legal services to U.S. active duty military personnel and veterans who have served in OIF or OEF in the following situations: Referred to the physical disability evaluation system. The physical disability evaluation system determines a service member’s eligibility for disability severance
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or retirement. Assistance by an attorney in the process can be critical to ensuring the right determination and benefits. Servicemembers who have been referred to the physical disability evaluation system can receive free legal representation through Lawyers Assisting Warriors, including assistance with Medical Evaluation Boards (MEBs) and Physical Evaluation Boards (PEBs). Facing an involuntary administrative separation. The type of discharge and discharge characterization a service member receives has a dramatic impact on benefits. Some service members with disabilities, such as Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI), have been inappropriately recommended for involuntary separation. Lawyers Assisting Warriors will provide servicemembers who are being inappropriately involuntarily separated because of a disability with free legal representation. Received an inappropriate discharge or discharge characterization. A less than honorable discharge characterization or an inappropriate discharge can result in a veteran receiving no benefits or fewer benefits than he or she deserves. Veterans with disabilities, such as Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI), who received an inappropriate discharge or discharge characterization can, receive free legal representation through Lawyers Assisting Warriors. Filed a claim with the Department of Veterans Affairs (VA) for disability compensation. Veterans who have claims for VA disability compensation can receive free legal representation in preparing the claim and appealing an inappropriate denial of benefits from Lawyers Assisting Warriors. Claim under the Traumatic Injury Insurance Under the Servicemembers Group Life Insurance (TSGLI). TSGLI provides a one-time lump sum payment to qualified U.S. military personnel who have suffered a traumatic injury caused by a traumatic event. Lawyers Assisting Warriors will provide representation to qualified military personnel who have been denied or have difficulties with a claim under TSGLI. Lawyers Assisting Warriors: Who We Are Lawyers Assisting Warriors has recruited hundreds of lawyers from law firms throughout the country. In addition to their legal expertise, our attorneys have also been provided training on laws governing the military and veterans disability benefits programs so they are prepared and qualified to handle such cases. Lawyers Assisting Warriors also provides each volunteer lawyer with an NVLSP mentor experienced in military and veterans law, further ensuring that every servicemember and veteran receives top notch legal representation. Lawyers Assisting Warriors is a project of the National Veterans Legal Services Program (NVLSP), an independent, nonprofit veterans service organization dedicated to ensuring that the U.S. government honors its commitment to our active duty personnel and veterans by providing them the federal benefits they have earned though their service to
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our country. The project is operated in cooperation with the Pro Bono Institute, and veterans service organizations including the American Legion and the Military Order of the Purple Heart.
Lawyers Assisting Warriors can be contacted by calling Thomas Moore at 202.265.8305 ext. 131 or by e-mailing thomas_moore@nvlsp.org.
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