Presentation on theme: "WELCOME To the Department of Illinois Veterans of Foreign Wars 2009 Service Officers Seminar."— Presentation transcript:
WELCOME To the Department of Illinois Veterans of Foreign Wars 2009 Service Officers Seminar
Service Officers Seminar Agenda Duties & Responsibilities of Post Service Officer Principles of VA Benefits Principles of Service Connected Benefits Principles of Non Service Connected Benefits Medical Benefits Death Benefits
Duties & Responsibilities of Post Service Officer Confidentiality Recognition Referral Department Service Officer County Veterans Assistance Commission Illinois Department of Veterans Affairs
Principles of VA Benefits (SC vs NSC) Veteran Disability Compensation / Pension Survivor (DIC / Death Pension / other) Veteran Medical Benefits (Categories) Death Benefits Education (GI Bill / Voc Rehab) Insurance (Conversion / RH) Loan Guarantee
Principles of Service Connected Benefits Methods of Service Connection Direct Presumption Secondary Aggravation Other Pre-existing condition Non SC condition Result of VA Treatment Result of Voc Rehab
Direct Service Connection 38 CFR 3.304(b) Presumption of soundness EXAMPLE Flat feet Knee Condition Hypertension
Direct Service Connection 38 CFR 3.303(a) The facts establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces. Each disabling condition shown by a veterans service records or for which seeks service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, official history of each unit in which he served, his medical records, and all pertinent medical and lay evidence.
Direct Service Connection EXAMPLE Combat Wound Injury - Ortho Disease – Psoriasis
Direct Service Connection 38CFR 3.303(b) Chronicity and Continuity EXAMPLE Bronchitis Hypertension
Direct Service Connection 38 CFR 3.304(d) Combat: acceptance of lay evidence EXAMPLE Shell Fragment Wound Residual of Concussion - Tinnitus
Direct Service Connection Former Prisoner of War 38CFR 3.304 (e) Circumstances of the veterans confinement together with medical principles will be used in determining whether disability manifest subsequent to service is etiologically related to POW experience.
Direct Service Connection Post Traumatic Disorder (PTSD) 38CFR 3.304 (f) (three legs) 1.Verification of in-service Stressor 2.Diagnosis by Competent Medical Authority 3.Medical evidence of a link between symptoms and verified stressor
Presumptive Service Connection Chronic Disease 38CFR 3.307 (a), 3.309, 3.311, 3.317, 3.318 Tropical Disease Former Prisoner of War Herbicide Exposure Radiation Exposure Persian Gulf War – Undiagnosed illness ALS
Presumptive Service Connection 38CFR 3.307 (a)(3), (c) Chronic Disease 38CFR 3.309 (a) EXAMPLE Tumors, malignant Hypertension Organic diseases of nervous system Psychoses
Presumptive Service Connection Tropical Disease 38CFR 3.307 (a)(4) 38CFR 3.309 (b) EXAMPLE Malaria Leishmaniasis Resultant Disorders
Presumptive Service Connection Former Prisoner of War 38CFR 3.307 (a)(5) 38CFR 3.309 (c) EXAMPLE Psychosis or Anxiety State AHD, HHD, MI, CHF, CVA Post-traumatic osteoarthritis
Presumptive Service Connection Herbicide Exposure 38CFR 3.309 (e) Service in Vietnam or other specific locations or proof of exposure Type II Diabetes NHL CLL Prostrate Cancer Respiratory Cancer
Presumptive Service Connection Radiation Exposure 38CFR 3.309 (d), 3.311 Verified participation in an event or verification of exposure (occupational) Leukemia (other than CLL) Lymphomas (other than Hodgkins) Multiple Myeloma List of Cancers
Presumptive Service Connection Persian Gulf War – Undiagnosed illness 38CFR 3.317 Signs or symptoms which may be manifestations of undiagnosed illness or medically unexplained chronic multi- symptom illness during the Persian Gulf War or to a degree of 10% or more not later than December 31, 2011.
Presumptive Service Connection ALS 38CFR 3.318 Service connection at any time after service.
Secondary Service Connection 38CFR 3.310 (a), (c) Disability which is proximately due to or the result of a service connected disease or injury shall be service connected. Ortho conditions or other conditions deemed the consequence of treatment for a service connected disability. Cardiovascular disease in a veteran with a AK amputation or with bilateral BK amputations.
Service Connection by Aggravation Pre-existing Condition 38CFR 3.306(a) A preexisting injury or disease will be considered to have been aggravated by active service where there is an increase in disability during such service unless there is a specific finding that the increase in disability is due to the natural progress of the disease.
Service Connection by Aggravation Non SC condition 38CFR 3.306, 3.310 (b), 3.222 Any increase in severity of a non service connected disease or injury that is proximately due to or the result of a service connected disease or injury and not due to natural progress will be service connected.
Service Connection – Other Methods Result of VA Medical Treatment Result of VA Voc Rehab 38CFR 3.358, 3.800 Disability caused by hospital care or medical / surgical treatment. Disability caused by carelessness, negligence, lack of proper skill, error in judgment. Event not foreseeable.
Evaluations - Ratings 38CFR 4.1 The rating schedule is a guide in the evaluation of disability resulting from disease or injury as a result of military service. The percentage ratings represent the average impairment in earning capacity in civil occupations.
Whole Man 100% 100-40= 6030% of 60 = 1818+40=58 100-58 = 4220% of 42 = 858+8=66 100-66 = 3410% of 34 = 366+3=69 100-69 = 3110% of 31 = 369+3=72 100-72 = 2810% of 28 = 372+3=75 100-75 = 2510% of 25 = 375+3=78 100-78 = 2210% of 22 = 278+2=80
Individual Unemployability 38CFR 4.16 Total disability rating may be assigned when there is a single disability rated 60% or more or a combined rating of 70% with a major 40% disability. Compensation will be paid as if the veteran was rated 100% disabled if it is shown that the service connected disabilities prevent substantially gainful employment.
Dependency & Indemnity Compensation - DIC 38CFR 3.5, 3.312 Cause of Death Direct Presumptive Contributory
Dependency & Indemnity Compensation - DIC 38CFR 3.22 Veteran rated totally disabled continuously for 10 years preceding death Veteran rated totally disabled continuously since the veterans release from active duty and for at least 5 years preceding death Veteran was a former POW rated totally disabled continuously for not less than one year preceding death
Dependency & Indemnity Compensation - DIC Rates when veteran died after Jan 1, 1993 Spouse$1,154 Each Child$ 286 If Housebound$ 135 Need Aid & Attendance$ 286 If Veteran was rated totally disabled for 8 years preceding death$ 233