This document describes the VA
Disability Process for Veterans:
Hello, my name is Ted Hannock and I’m a USAF Desert Storm Gulf War 100%
Permanent & Total (P&T) Disabled Veteran (DV). I started this page/site
as a text file on my laptop while I went through the VA Disability Process
myself and thought other veterans could learn from my experience. As such, I
maintain this page/site as a basic flat asci text file broken into sections by
dashed lines. Nothing fancy. I added embedded URLs for easy browsing. As I
learn more info, I will add it to this page/site. If you have something you
think I need to add, please e-mail me at thannock@yahoo.com
and I will listen and get it added to the page/site. I really hope this
information helps you.
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Quick Links Inside This Page/Site:
Veteran Service Officer (VSO):
VA Presumptive Conditions
Information:
Primary and Secondary
Disability Ratings:
VA Special Monthly Compensation
Rates:
Obtaining your Veteran Health
Identification Card (VHIC) and va.gov account/profile:
The VA Disability PROCESS is
Just That, a PROCESS. Follow the PROCESS and Be PATIENT:
Congress Veteran's Act of 2020:
100% Permanent & Total (P&T)
Disabled Veteran (DV):
GA Homestead Military Tax
Exemption:
VA Survivor
Benefits/Pension/Dependency and Indemnity Compensation (DIC):
VA Civilian Health and Medical
Program of the Department of Veterans Affairs (CHAMPVA):
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VA - Two Headed
Monster:
First before we start, one of the most important things to always remember
about the VA is that the VA is a two headed monster!!!!
What I mean by this is the VA is split into two sides:
1) Claims (ie Officially Named Veterans Benefits Administration (VBA)):
a) Determines a veteran's eligibility
b) Determines the veteran's rating
c) Responsible for the entire veteran's disability process
d) Most importantly, this can/is usually the most frustrating side of the VA
that the veteran deals with
e) Claims is allowed to take whatever it wants from anywhere to make a decision
on a claim (ie including taking from VA Healthcare)
f) Think of Claims as Veruca
Salt in Willy Wonka and the Chocolate Factory - Daddy, I want it now and you
can't say NO!!!!
2) Healthcare (ie Officially Named VA Healthcare):
a) Once the veteran is rated and deemed eligible for VA Healthcare services by
the Claims side, then the veteran is entered into the VA Healthcare System
b) Healthcare is just that, Healthcare - ZERO claims, ratings, etc, just
Healthcare
c) Unlike the Claims side, Healthcare can NOT take from the Claims side
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Veteran Service Officer
(VSO):
You will need to find a Veteran
Service Officer to represent you. I
used the local VFW Officer (ie Michael Churchill) on Ft. Stewart.
Michael Churchill
1145 Niles Ave, Bldg 4973, Rm 120
Fort Stewart, GA 31324
United States of America
mchurchill@vfw.org
Office: +1 (912) 435-9805
Mobile: +1 (912) 492-8050
FYI, Michael is AWESOME!!!! Just a heads up.
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Diagnosis Code
Lookup:
https://www.law.cornell.edu/cfr/text/38/4.104
- This is 38 CFR at for Cardiovascular diagnosis codes. All of the codes are on
Cornell's web page. It's super easy to read. As an example, if you scroll down
to 7101 Hypertensive vascular disease (hypertension and isolated systolic
hypertension):, you will next see the 4 different ratings (ie percent value on
the right hand side of each definition) and then notes below the definitions.
Once you figure out the diagnosis code, you can search it on google or duck
duck go or whatever search engine you use and select the http://cornell.edu web page to read the
diagnosis code
Another example, here is the diagnosis codes for PTSD (ie Mental Disorders).
https://www.law.cornell.edu/cfr/text/38/4.130
Another example, - here is the diagnosis codes for Digestive System.
https://www.law.cornell.edu/cfr/text/38/4.114
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What is a NEXUS Letter?
In the VA's mind, a NEXUS Letter is your corroborating evidence that the
diagnosis code/issue is Service-Connected.
This evidence can be documented within your service medical records, it
can be a battle buddy's statement of when the diagnosis code/issue happened or
any other form of evidence that connects the diagnosis code/issue to your time
in service.
Great
theSITREP NEXUS Letter Youtube video:
What
is a NEXUS Letter for VA Disability? | VA Claim for Service-Connection |
theSITREP
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Two Types of VA
Claims:
Standard Claim: This is the standard
claim process that I will explain next.
Fully Developed Claim (FDC): This is where you have all the evidence (ie
medical records/etc) to fully support your claim and the FDC is an expedited
process that bypasses the Standard Claim process.
This short Youtube video explains the
difference of a FDC vs. Standard Claim:
VA's Fully Developed Claims Program: The Fastest Way to Get Your
Compensation Claim Processed
Great theSITREP Fully Developed Claim
Youtube Video:
Filing a Claim for VA Service-Connection? | Fully Developed Claim | VA
Disability | theSITREP
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Standard Claim
Process:
Remember, for every Standard Claim you submit, the process is
1) Figure out your issue you are claiming for (ie you can even look up the
diagnosis code prior using the tools above)
2) Submit the claim with your Veteran Service Officer (VSO) or online yourself
3) VA will schedule a Compensation & Pension (C&P) Exam for your claim
4) You attend the C&P exam and present all of your corroborating evidence
that the issue is Service-Connected (ie NEXUS Letter) and the C&P Examiner
will exam your issue and document it
- When you have your C&P exam, DO
NOT do the exam on your best day as it does NOT define your normal daily
issue.
- Do not exaggerate your issue, but be
honest with yourself and the examiner about your issue on a daily basis.
5) Your claim will then go back to your VA Regional Office (ie Atlanta for me)
to get a decision made.
This is a PROCESS that takes time. Just be patient and follow the process.
Great VA Claims Insider Youtube Video on
how to file a claim:
How to File a VA Claim on
the NEW VA.gov Website (Step-By-Step Tutorial!)
The following
URL is the official How to File a VA Disability Claim (ie what I just described
about for you):
https://www.va.gov/disability/how-to-file-claim/
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VA Presumptive Conditions Information:
The VA Presumptive Conditions (ie based
on Campaign Area of Responsibility (AOR)) common issues (ie If the diagnosis
code is considered presumptive, the NEXUS Letter requirement is not required)):
https://www.benefits.va.gov/BENEFITS/factsheets/serviceconnected/presumption.pdf
The VA PACT Act of 2022:
https://www.va.gov/resources/the-pact-act-and-your-va-benefits/
What I would do first, read the VA Presumptive Conditions and PACT Act of 2022
and any issues you agree you have, start a list of all of the Diagnosis Codes
Next look up each Diagnosis Codes so you can see each Definition/Rating per
Diagnosis Code
Add that to your list
Next, think about other issues that you have since leaving active duty, add
them to the list as well as the Diagnosis Code for each
Once you have all of this data compiled, then schedule an appointment with your
VSO so that he/she can take all of your issues/diagnosis codes and process a
claim for you. This will get the process started.
Great
theSITREP Presumptive Condition Youtube Videos:
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Primary and
Secondary Disability Ratings:
Primary Disability Rating:
A Primary Disability Rating is a rating that is a direct result of your
Service-Connected Impairment/Illness/Issue during your time in service.
An example for me:
Irritable Bowel Syndrome (IBS) - 30% Rating - Diagnosis Code 7319 (ie
Presumptive Condition for the Gulf War)
Secondary Disability Rating:
A Secondary Disability Rating is a rating that is a subsequent issue as a
result of a Primary Disability Rating even if the Secondary Disability Rating
occurred after you separated from service.
An example for me:
Hemorrhoids - 20% Rating - Diagnosis Code 7336
Rectum and anus, impairment of sphincter control - 60% Rating - Diagnosis Code
7332
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Filing a Supplemental Claim Requesting the Impairment/Illness/Issue
to be Considered a Secondary Disability Rating after Initially Filing the
Impairment/Illness/Issue as a Primary Disability Rating and Being Denied:
First, remember that it’s usually easier to get a
secondary vs. primary disability rating approved. In this case, say you filed
for GERD as a primary disability rating and were denied for whatever
reason. You do a lot of research and
figure out that GERD is a known side effect of XXX drug that you are
taking/prescribed for your primary disability rated issue XXXXX. Through your research, you capture various
URLs as evidence to support your secondary disability rating. When you file the Supplemental Claim for the
secondary disability rating, you will need to fill out VA Form 21-4138,
Statement In Support of Claim and upload it to your va.gov profile.
Otherwise, the C&P examiner and the VA Adjudicator will immediately think
you are asking to still consider the GERD as a primary vs. secondary disability
rating. On that form, you will clearly state that you are now asking the VA to
rate the GERD as a secondary disability rating to your primary disability rated
issue XXXXX and then you will add all of your medical evidence to the form (ie
URLs from the various medical sites you found that states that your primary
disability rated issue XXXXX causes GERD in XX% of the population/etc...) Once
you upload the VA Form 21-4138, Statement In Support of Claim, then it will
take about 24 hours for the VA Form 21-4138, Statement In Support of Claim to
be moved from the upload site into your va.gov profile. After which, you need to call the VA Claims
number at 800-827-1000 and inform the claims representative that the VA Form
21-4138, Statement In Support of Claim has been uploaded and to have the claims
representative validate it's in your va.gov profile. Once validated, ask the
claims representative to document that the VA Form 21-4138, Statement In
Support of Claim is evidence to the Supplemental Claim for GERD and to ensure
the C&P examiner and the VA Adjudicator references it during the decision
making process.
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VA Disability Rates:
https://www.va.gov/disability/compensation-rates/veteran-rates/
Another thing to remember, whatever VA Disability
Pay you will get will be 100% TAX FREE!!!! The payment you get per month is
exactly what is on the URL above.
The following
theSITREP Youtube videos are AWESOME references per VA Disability Rating:
VA Benefits with 90%
Service-Connected Disability | VA Disability | theSITREP
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VA Special Monthly Compensation Rates:
The VA allows for additional Special
Monthly Compensation (SMC) Rates for the loss of a veteran's body
part/organ/limb/etc. In my case, I had a prostatectomy due to my primary
disability rated Prostate Cancer. As such, the VA authorized me to receive
SMC-K per month in addition to my 100% disability compensation.
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VA Priority Groups:
The VA defines a veteran’s preference to VA Healthcare based on their VA
Priority Group. A veteran that has a Priority Group 1 assigned will ALWAYS have
VA Healthcare. A veteran that has a Priority Group 6 assigned, “should” always
have VA Healthcare, but if the Congress decides to cut the VA Healthcare
budget, the lowest Priority Groups are dropped first (ie Priority Group 8, then
Priority Group 7, etc.) For me, prior to being rated at all, being a Desert
Storm Gulf War Veteran, the VA grandfathered me into the VA Healthcare due to
the Burn Pit toxins I was exposed to. As such, I was automatically granted VA
Healthcare as a Priority Group 6. As I became rated, first at 10%, my Priority
Group increased from Priority Group 6 to Priority Group 3. Next when my rating
increases to 30%, my Priority Group again increased from Priority Group 3 to
Priority Group 2. Lastly, when my rating increases to 90%, my Priority Group
again increased from Priority Group 2 to Priority Group 1. Another thing to
consider, if you have been financially successful and exceed the VA’s yearly
total compensation limits (ie changes yearly) and the VA assigns you as a
Priority Group 6, if you are willing to pay VA co-pays, the VA can decrease
your Priority Group from Priority Group 6 to Priority Group 8D so that you can
begin using the VA Healthcare System.
https://www.va.gov/health-care/eligibility/priority-groups/
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Obtaining your Veteran
Health Identification Card (VHIC) and va.gov account/profile:
First, go to the Local VA Medical System/Hospital (ie Hinesville
COBC for me) Eligibility/Benefits Office and get your Veteran Health
Identification Card (VHIC) (ie make sure you bring your passport and/or
driver’s license and DD214 Member 4 REAL copy).
Also, while you are there getting your VHIC, inquire about getting your http://va.gov and My Healthy Vet account setup. As
you will need to show your passport and/or driver’s license so they can set it
up for you as well.
Oh yeah, the VA requires a bank account for Direct Deposit, so you can set that
up at the same time you setup your http://va.gov
account/profile.
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The VA Disability PROCESS
is Just That, a PROCESS. Follow the PROCESS and Be PATIENT:
I know that's a whole lot of data, but I wanted to ensure I got it all out of
my mind for you to have as a reference.
Also, thinking, this is a PROCESS as I stated, yes the Department of XXXX (ie
Army/Navy/USAF/CG) (DoXXXX) has all your records. However, the VA is a
different Federal Agency and you are asking the VA for assistance. As such, the
VA claim process is the PROCESS for the Vet to ask the VA for compensation and
engagement. Remember, the VA does NOT have your DoXXXX records until you the
Vet files a claim per Diagnosis Code and the Claim PROCESS begins. Yes, the VA
WILL request the respective records from the DoXXXX on your behalf as part of
their research to evaluate your claim that it IS service-connected, but the VA
does NOT currently have that data until you the Vet initiates the VA claim
process. So remember this throughout the process. It's getting better for the
VA, but it's still slow and methodical.
Think of it like this as I did 5+ years ago when I started the process, I had
ZERO from the VA (ie except exactly where you may be right now as a VA PG-6 due
to the Gulf War). No VHIC Card, No http://va.gov
or My Healthy Vet login.
So basically, you have everything to gain and nothing to lose. So WHO CARES how
long the VA process takes. As soon as you file your claim, all of the pay is
retro-active for your eventual rating to your claim date. So DON'T SWEAT IT!!!
Just be patient, follow the process and it will take its path.
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Congress
Veteran's Act of 2020:
Any veteran that is considered Service-Connected (ie 0 - 90%), is fully
eligible for full installation privileges again (ie BX/PX/Navy Exchange,
Commissary, MWR, Class 6, etc..). This
is a HUGE benefit!!!!!
Once you receive your VHIC in the mail and the words “SERVICE CONNECTED” are
under your picture on the right side of your VHIC, go to your local DoD
Visitor Control Center (VCC) (ie Fort Stewart for me) to have your VHIC
registered as your DoD access card so that you can access all DoD
installations. However, each installation commander has full responsibility for
their installation. As such, the
installation commander will most likely ONLY allow you installation access per
Congress with NO DoD Trusted Traveler Program (ie allowed to escort NON-DoD personnel
onto the installation). To escort
NON-DoD personnel, each time you will have to go to the Visitor Control Center
(VCC) and get a Day Pass for the NON-DoD person.
NOTE: If for example you are Priority Group 6 Desert Storm Gulf War Veteran
with ZERO Service Connections and you enroll in VA Healthcare, you will still
receive a VHIC. However, the words “SERVICE CONNECTED” will NOT be under your
picture on the right side of your VHIC. As such, you do NOT have installation
privileges even though you are enrolled in VA Healthcare.
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100% Permanent &
Total (P&T) Disabled Veteran (DV):
Once you hit 100% Permanent & Total (P&T) Disabled Veteran (DV), then
you will be issued from the Defense Enrollment Eligibility Reporting System (DEERS)
office a Uniformed
Services ID (USID) in addition to your VHIC. Your USID allows for the DoD Trusted Traveler
Program as well as obtaining USIDs for your spouse and minor dependents. The 100% P&T DV also provides Commissary,
Exchange, MWR and Space A for you, your spouse and your minor dependents as
well as full Dental for yourself and the option of using CHAMPVA for healthcare
for your spouse and minor dependents. CHAMPVA is similar to TRICARE for DoD,
but is through the VA and is only available to 100% P&T NON-Retired DVs.
Another big benefit for 100% P&T is the Dependent Educational Assistance
(DEA) that provides tax free money to your dependents for going to
school/college.
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Shop My
Exchange:
https://www.shopmyexchange.com
Shop My Exchange is open to all Honorable Discharged Veterans now.
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GA Veteran Driver’s
License:
When you go to the Local VA Medical System/Hospital (ie Hinesville
COBC for me) Eligibility/Benefits Office to obtain your VHIC and you have
your passport and/or driver’s license and DD214 Member 4 REAL Copy, after
getting your VHIC picture taken, go into the GA Department of
Veterans Services office (ie also inside the Hinesville COBC for me) and
have the person fill out the GA Veteran's Driver’s License form for you so you
can then take it to the GA
Department of Driver Services Office and get your FREE GA Veteran's
Driver’s License for life.
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GA Military License
Plates:
https://mvd.dor.ga.gov/motor/plates/PlateSelection.aspx
https://dor.georgia.gov/military-veteran-license-plates
First off, for every primary GA license plate you are issued per military
scenario, they are FREE!!! For me I have
4 registered vehicles and 3 registered trailers. Here is the break down for me
so you can understand what I'm referring to:
2015 Hyundai Equus - Primary Disabled Veteran (DV) Plates (ie maximum allowed
DV Plates are 2 pairs as it's for the DV) - FREE
1993 Jeep YJ - Primary USAF Veteran Plate - FREE
2006 Jeep TJ Rubicon - Primary USAF Desert Storm Veteran Plate - FREE
2011 Jeep Grand Cherokee - Secondary DV Plates (ie maximum allowed DV Plates
are 2 pairs as it's for the DV) - $20.00 Per Year
3 - Various Trailers - NO military plates for these - $12.00 + $1.65 Tax =
$13.65 Each Per Year
If I were to decide to get secondary/multiple say USAF Desert Storm Veteran
Plates (ie as many as I want), each extra would be $20.00 Per Year.
Now if I had motorcycles, I would be allowed my same 3 primary plates (ie DV,
USAF Veteran, USAF Desert Storm Veteran) per motorcycle for FREE per year as
well.
With this said, to obtain any military plate, you have to bring your DD214
Member 4 REAL Copy to the DMV and obtain each of your military plates awarded
to you (ie 2 for me).
For Disabled Veteran (DV) Plates, even if you are only rated at 10% rating,
bring your printed out rating to the DMV along with your DD214 Member 4 REAL
Copy and request DV Plates (ie Pair for Front and Back). In GA, these plates are "supposed"
to be only for 100%, but in Liberty and Bryan counties, they “may” give you
them for any rating (ie both counties are extremely military friendly). Even if you don't use the handicap space now,
in 20 years, you will be thankful you have it.
Also, the State of Florida passed a law a few years back that any DV plate is
allowed to park for FREE in any State of Florida owned parking lot (ie ALL
Florida Airports). And the State of
Florida recognizes any out of state DV plate for this reprieve. So if you have to fly for a long trip for say
7 days or more, maybe you fly out of a Florida Airport vs. Savannah (ie Jax or
Orlando, just saying.....). If you park
in a Florida Airport, you can park in the front row handicap spaces and then
when you get home and leave the parking garage and talk to the parking
attendant to pay your bill, you simply inform the parking attendant you're a
DV, show them your VHIC or USID, they will do the paperwork and open the gate
for FREE and away you go.
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GA Homestead
Military Tax Exemption:
The following is the Liberty County GIS Map (ie Open in Firefox as it's browser
specific):
https://libertycountyga.maps.arcgis.com/apps/webappviewer/index.html?id=b648293e3b724201bbcc4f09254aea40
Here's your property card showing you have a Homestead Exemption: W1:
https://gis.libertycountyga.com/flex2/printpdf/?pin=280D032
Which is what Dani and I have (ie Homestead: W1) (ie update - we will be moving
to W5 since I got my 100% P&T)
My Brother-In-Law being 100% P&T under 65, has a Homestead: W5
https://www.libertycountyga.com/302/Homestead-Requirements
https://dor.georgia.gov/property-tax-homestead-exemptions
Once you receive your 100 P&T rating, print out the new rating and take it
to your county tax assessor's office and file the paperwork for the W5 status.
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VA Rating Math:
The VA rating math is not straight forward and can be confusing. The VA only rates per 10% (ie 10, 20, 30, 40,
50, 60, 70, 80, 90, 100). The VA rounds
up/down to the nearest 10% (ie if your VA combined rating is 33.67%, you will
be rated at 30% or if your VA combined rating is 45.89%, you will be rated at
50%).
The following URL is has an online VA Math Calculator and explains in detail
how the ratings are calculated: https://www.va.gov/disability/about-disability-ratings/
Here is how the VA Math works (ie I will use my current VA combined rating as
an example):
60% rating for impairment of rectum sphincter control
50% rating for anxiety disorder, unspecified
40% rating for prostate cancer status post prostatectomy with residual urinary
incontinence (previously rated as neoplasms of the male reproductive system,
including prostate cancer)
30% rating for irritable bowel syndrome (IBS)
20% rating for hemorrhoids
0% rating for abdominal scars status post robotic prostatectomy
First and foremost, you must understand that the rating percentage is not
straight forward additive as it is based on the maximum rating not yet
rated. Let me show you how it works:
1) You always start with your highest individual rating (ie in my case,
currently it's 60%) and then work down to the lowest individual rating:
a) 60% = 60
b) 50% = 100 - 60 = 40 * 50% = 20
c) 40% = 100 - 60 - 20 = 20 * 40% = 8
d) 30% = 100 - 60 - 20 - 8 = 12 * 30% = 3.6
e) 20% = 100 - 60 - 20 - 8 - 3.6 = 8.4 * 20% = 1.68
f) 0% = 0
Individual Combined Rating = 60 + 20 + 8 + 3.6 + 1.68 + 0 = 93.28% (ie Rounded
Down to 93% rating)
2) Once you have your individual combined rating (ie 93% for me), then you have
to look at the table on the "VA About Disability Ratings" URL above
at the "Combined Ratings Table (Not Rounded)" to determine your
actual VA Combined Rating:
Tip: Look for your highest disability rating (or highest individual combined
rating) in the left column, and your next lowest disability rating in the top
row. Your VA combined rating is the number where the 2 intersect on the chart,
rounded to the nearest 10%.
a) 93 Highest Individual Combined Rating on Left Column
b) 20 Next Lowest Rating on the Top Row
Intersection of the two is 94% VA Combined Rating (ie Rounded Down to 90%)
3) Using my numbers, all I need is at least another 10% individual rating and I
will be at 95% VA Combined Rating (ie Rounded Up to 100%). Let me show you this number:
a) 60% = 60
b) 50% = 100 - 60 = 40 * 50% = 20
c) 40% = 100 - 60 - 20 = 20 * 40% = 8
d) 30% = 100 - 60 - 20 - 8 = 12 * 30% = 3.6
e) 20% = 100 - 60 - 20 - 8 - 3.6 = 8.4 * 20% = 1.68
f) 10% = 100 - 60 - 20 - 8 - 3.6 - 1.68 = 6.72 * 10% = 0.672
g) 0% = 0
Individual Combined Rating = 60 + 20 + 8 + 3.6 + 1.68 + 0.672 + 0 = 93.952% (ie
Rounded Up to 94% rating)
4) Once you have your individual combined rating (ie 94% for me), then you have
to look at the table on the "VA About Disability Ratings" URL above
at the "Combined Ratings Table (Not Rounded)" to determine your
actual VA Combined Rating:
Tip: Look for your highest disability rating (or highest individual combined
rating) in the left column, and your next lowest disability rating in the top
row. Your VA combined rating is the number where the 2 intersect on the chart,
rounded to the nearest 10%.
a) 94 Highest Individual Combined Rating on Left Column
b) 10 Next Lowest Rating on the Top Row
Intersection of the two is 95% VA Combined Rating (ie Rounded Up to 100%)
Update, I finally got to 100% as the VA rated my Chronic Sinusitis at 30% (ie
as you just read I was only needing 10%) and it pushed me over the top.
Great theSITREP VA MATH Youtube Video:
VA Math | How is VA Disability Calculated | Service-Connected
Compensation | VA Benefits | theSITREP
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VA Static
Rating:
To obtain a 100% Permanent & Total (P&T) rating, you need to have your
individual ratings considered "Static". The only way to determine if your individual
ratings are "Static" is to call the VA 1-800-827-1000 number and ask
the person which/if any of your individual ratings are considered
"Static". You will not find
this information anywhere online. You
must call the VA and then the person will tell you. For the individual rating to be considered
"Static", means the VA considers the condition to never become better
than it currently is and that the condition will only become worse due to age
or whatever. This means the VA will NOT
try to send you for a re-rate C&P exam for the individual rating. Remember, once you hit age 55, most VA
re-rating is gone as the VA will most likely consider all of your individual
ratings as "Static".
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Terminally Ill
Veteran Info:
VA Expedited Claim Process:
If a veteran is diagnosed terminally ill for a diagnosis code/illness (ie
Pancreatic Cancer) and the veteran files a claim for the diagnosis code/illness
prior to passing, time is of the essence to say the least. Given the current time frame for a standard
claim to be processed is 5-8 months, if the veteran is given say a 2-4 month
life expectancy due to the terminal illness, this is obviously shorter than the
5-8 month standard claim processing time.
To expedite this process, the VA allows for the veteran to fill out VA Form 20-10207 (ie
Priority Processing Request) to expedite the claim.
The following depicts the expedited process:
1) Again, file the initial claim for the diagnosis code/illness (ie Pancreatic
Cancer in this case)
2) Veteran fills out VA Form 20-10207 and uploads it to the veteran's va.gov
profile
a) If the form is digitally uploaded to va.gov (ie fastest processing time),
post uploading the file, it takes ~24 hours for the file to be moved from the
file holding site into the veteran's profile
b) Call the VA Claims number at 800-827-1000 and inform the claims
representative you uploaded the form
c) After 24 hours, again call the VA Claims number at 800-827-1000 and ask the
claims representative to validate the form has been moved into the veteran's
profile
d) Once the claims representative validates the form has been successfully
moved into the veteran's profile, ask the claims representative to open an
internal ticket to expedite the form's approval process
e) Without the internal ticket being opened by the claims representative, the
form's normal approval processing time is 7 calendar days - the internal ticket
should force the approval process to start immediately vs. waiting 7 calendar
days
f) If the VA Form 20-10207 is denied, the claim will remain in the standard 5-8
month claim process
g) If the VA Form 20-10207 is approved, the claim will be moved to the
expedited claim process which means there must be updates to the expedited
claim at a maximum of every 10 calendar days until the claim is
completed/decision made
Veteran's VA Power of Attorney (VA POA):
The VA allows for a single veteran's representative to obtain all information
for the terminally ill veteran. The
veteran must fill out VA Form 21-0845 (ie
Authorization To Disclose Personal Information To A Third Party) and upload
it to veteran's va.gov profile as discussed above in the expedited process.
After the initial 24 hours and the VA Form 21-0845 is moved into the veteran's
va.gov profile, the veteran's representative can then call into the VA Claims
number 800-827-1000 and obtain information regarding the veteran. There is zero approval process here. The
process is the veteran's representative calls in, validates the veteran's info
and waits for a claims representative to be on the line. Once the claims representative is on the
line, the veteran's representative informs the claims representative of who
they are, that there is a VA Form 21-0845 in the veteran's va.gov profile, the
claims representative will validate the info and the VA Form 21-0845 and then
the veteran's representative is authorized to access and do whatever on behalf
of the veteran.
NOTE: The VA Form 21-0845 is critical to be filled out and uploaded into the
veteran's profile PRIOR to the veteran's death.
As such, there are various post veteran's death VA forms and benefits
that need to be worked on (ie Survivor Benefits/Pension/Dependency and
Indemnity Compensation (DIC)/Outstanding Claims/CHAMPVA Enrollment/etc..). When
the veteran is diagnosed as Terminally Ill, immediately fill out and submit the
VA Form 21-0845 designating the single veteran's representative. Do NOT wait!!!! Time is of the essence.
What Happens to an Active Claim (ie the
VA has NOT made a decision on the Claim) if/after the Veteran Passes Away:
Considering the Veteran opened the claim prior to death, even if the Veteran dies,
the VA MUST 100% finish the Claim's process and make a decision on the Claim.
Also, if the decision is NOT acceptable to say the survivor's
spouse/dependents, the survivor's spouse/dependents CAN still contest the
decision (ie Supplemental Claim, Higher Level Review or even request a Board
Appeal). With this said, the critical piece here is to ensure the Veteran's VA
POA is fully completed prior to the Veteran's death as the Veteran's VA POA
will have to follow through with the VA Claim's Process on behalf of the
Veteran post death.
Further thoughts here, let's say the Veteran was rated at 40% prior to death.
The Active Claim is for Pancreatic Cancer and the Veteran dies due to
Pancreatic Cancer. After the Veteran's death, the VA makes a decision to service-connect
the Pancreatic Cancer to the Veteran causing the Veteran to become 100%
P&T. This is a critical decision as
NOW, the surviving spouse will be eligible for CHAMPVA as well as Survivor's
Benefits (ie either Survivor's Pension or VA Dependency and Indemnity
Compensation (DIC)) based on the new 100% P&T rating (ie even though the
rating was post the Veteran's death). Remember, that the 100% P&T rating
will be back dated to the Intent to Claim date of the Active Claim (ie now
closed/decided claim). At which time,
the Veteran's VA POA will have to submit the Application for CHAMPVA Benefits
(VA Form 10-10d) and the Application for Dependency and Indemnity Compensation
(DIC), Survivors Pension, and/or Accrued Benefits (VA Form 21P-534EZ) on behalf
of the Veteran.
Backpay Post Veteran's Death Regarding
Active Claim and/or Survivor's Benefits:
Active Claim: Once the Active Claim is closed let's say with a 100% P&T
decision, the VA will backpay the Deceased Veteran for the rating increase
until the Veteran's death date (ie If the Veteran was 40% and filed the Intent
to Claim on 4/14 and died on 5/3, the VA will backpay for the increase from 40%
to 100% for the 4/14 to 5/3 dates/timeframe in a 100% tax free lump su https://www.youtube.com/watch?v=tch3DhpNqwcm.
Survivor's Benefits: Now since the Survivor's Benefits cannot be
applied/determined until the Veteran's death date along with in this case the
100% P&T rating, the VA approval process for the Survivor's Benefits could
take say 2-3 months to be approved.
Let's use the current Veteran's death date of 5/3, it may not be until
9/1 before the VA approves the Survivor's Benefits. However, the VA "should" backpay the
Survivor's Benefits back to the Veteran's death date of 5/3 with a 100% tax
free lump sum for the 5/3 to 9/1 dates/timeframe. However, this backpay is at
the VA Adjudicator's discretion. To be
safe given the backpay, post the Veteran's death, the VA POA needs to call the
VA Claims number at 800-827-1000 and ask the claims representative to start an
Intent to File for VA Dependency and Indemnity Compensation (DIC). In this case, since the VA Dependency and
Indemnity Compensation (DIC) cannot be approved/determined until after the 100%
P&T rating, the Intent to File for VA Dependency and Indemnity Compensation
(DIC) date ensures backpay at least to this date (ie let's say 5/6 vs. the
Veteran's death date of 5/3). This
simply avoids backpay concerns given the VA Adjudicator's discretion.
What To Do
Post the Veteran’s Death:
Post the Veteran’s death, the Veteran’s VA POA needs
to call the VA Claims number at 800-827-1000 and provide the claims
representative with the following:
a) Inform of the Veteran's date of death
b) Ask to document the intent to file DIC
c) Ask to put in the order for flag at funeral and
letter to be signed by president
NOTE:
a) If any payment from the VA comes in after the date
of death, leave it in the checking account as the VA will retrieve it (else you
will be paying it back)
b) Surviving Spouse is entitled to a one time month
of death payment that will arrive via check to the house
Great
theSITREP Intent to File Youtube video:
What is INTENT TO FILE for VA
Disability | Applying for VA Disability | theSITREP
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VA Survivor
Benefits/Pension/Dependency and Indemnity Compensation (DIC):
If the veteran passes prior to their spouse/minor dependents/dependent parents,
the VA provides Survivor Benefits/Pension/Dependency and Indemnity Compensation
(DIC) to the survivor depending on the veteran's service commitment and/or
service-connected illness:
https://www.va.gov/family-and-caregiver-benefits/survivor-compensation/
With this, depending on the veteran, this can be crucial for helping the
survivor pay for rest of their life.
Two different survivor compensations are 1) Survivors Pension and 2) VA
Dependency and Indemnity Compensation (DIC).
If the veteran and survivor meet the approval for BOTH Survivors Pension
and Dependency and Indemnity Compensation (DIC), the VA will ONLY pay for the
highest amount of money of one or the other (ie if Dependency and Indemnity
Compensation (DIC) combined is higher
than Survivors Pension).
Here is an example of the two for Survivor Spouse ONLY (ie Zero Dependents):
1) Survivors Pension (ie Calculated with Maximum Annual Pension Rate (MAPR) or
Yearly):
a) You don't qualify for Housebound or Aid and Attendance benefits (ie Base
Pay) - MAPR $11,380 or $11,380 / 12 = $948.33 Per Month
b) You qualify for Housebound benefits - MAPR $13,908 or $13,908 / 12 = $1,159
Per Month
c) You qualify for Aid and Attendance benefits - MAPR $18,187 or $18,187 / 12 =
$1,515.58 Per Month
2) VA Dependency and Indemnity Compensation (DIC) (ie Calculated Per Month):
a) DIC Base Pay - $1,653.07 Per Month
b) DIC Aid and Attendance - $409.53 Per Month
c) DIC (transitional benefit for the first 2 years after the Veteran's death) -
$350.00 Per Month
Total: $1,653.07 + $409.53 + $350.00 = $2,412.60 Per Month
After the first 2 years after the Veteran's death, the transitional benefit is
removed from the monthly payment:
Total: $1,653.07 + $409.53 = $2,062.60 Per Month
3) As you can see above, the Dependency and Indemnity Compensation (DIC) Per
Month is the highest compensation and will be awarded to the Survivor Spouse in
this scenario.
4) Remember, again either Survivors Pension or Dependency and Indemnity
Compensation (DIC) is 100% tax FREE!!!!
5) My suggestion is to do your own calculation for the higher of the two so you
have an idea ahead of time and then fill out an Application for
Dependency and Indemnity Compensation (DIC), Survivors Pension, and/or Accrued
Benefits (VA Form 21P-534EZ)
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VA Civilian Health
and Medical Program of the Department of Veterans Affairs (CHAMPVA):
As stated above, this program allows a 100% P&T DV (ie NON DoD Retired as
TRICARE Covers Dependents) to enroll dependents into the program for Healthcare
coverage. The program requires the dependent to maintain both Medicare Part A
(ie FREE for Inpatient Care) and Medicare Part B (ie ~$185 Per Month for
Outpatient/Doctor's Visits/etc.. Care).
CHAMPVA is designed to cover the remainder of Healthcare coverage for
the dependent that would normally be covered by Medicare Parts C & D. To enroll in CHAMPVA, the veteran needs to
fill out an Application
for CHAMPVA Benefits (VA Form 10-10d).
Great theSITREP CHAMPVA Youtube video:
Civilian Health and Medical
Program of VA | CHAMPVA | theSITREP
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VA Aid and
Attendance (A&A):
VA Aid and Attendance (A&A) is an additional benefit/compensation for
veterans and/or dependents and/or survivors.
VA Aid and Attendance (A&A) is authorized for any veteran and/or
dependent and/or survivor that requires assistance with daily living such as
bathing, going to the restroom, blindness or “hazards of daily living” such as
prone to falling, etc. To apply for VA
Aid and Attendance (A&A), the veteran needs to fill out Examination for Housebound
Status or Permanent Need for Regular Aid and Attendance (VA Form 21-2680).
VA Official Aid & Attendance Youtube
video:
What is Aid &
Attendance?
Great theSITREP Aid & Attendance
Youtube video:
What is Aid &
Attendance? | theSITREP