Secretary of Veterans Affairs Dr. James B. Peake immediately directed the formation of a special task force to identify and pay the beneficiaries who never received the benefit or were inadvertently required to repay the money issued for the month of a veteran’s death.

“This benefit payment is long overdue to many of our beneficiaries,” said Secretary of Veterans Affairs Dr. James B. Peake. “In these difficult economic times, it is imperative that we take aggressive action to fix this situation for the families of our veterans.”

Surviving spouses most likely to be affected by this processing problem are those who never applied to VA for survivors’ benefits following the death of a veteran.

The task force is in the process of reviewing VA’s payment records for veterans who died after December 31, 1996, and who are survived by a spouse. The review will identify those to whom VA owes retroactive benefits for the month of the veteran’s death. Current address information is being obtained for as many of these beneficiaries as possible.

VA will begin issuing retroactive payments to eligible surviving spouses at the end of this month. Payments will continue to be issued as additional unpaid beneficiaries are identified and VA is able to obtain current address information.

Because there are deceased veterans for whom VA does not have marital status information, a special Survivors’ Call Center has been established for spouses who believe they may be entitled to this retroactive month-of-death benefit.

Surviving spouses are encouraged to contact the Survivors’ Call Center at the toll-free telephone number, 1-800-749-8387. Call center agents will assist surviving spouses in providing VA with the information needed to determine their eligibility.

The Call Center is open Monday through Friday from 7:00 am to 7:00 pm central standard time. Inquiries may also be submitted through the Internet at:
http://www.vba.va.gov/survivorsbenefit.htm.

If you are going it alone in the world of VA claims then you really need to do your homework and get up to speed on the process- What you need to do and what the VA will be doing about your claim.

VetsFirst has just posted two new Ask VetsFirst Knowledge Books on VA Compensation and Pension and Appealing A VA Claims Decision. These guides can help you to understand the process, find forms, give you insights and tips, as well as helping to separate fact from fiction.
Click here for compensation and pension information.
Click here for information on appealing a decision.

Both of these topics can be tough ones with appeals having the potential of turning into a legal hornets nest. So do your homework well, and remember, VetsFirst is right here if you need us.

PTSD is a debilitating anxiety disorder that is triggered by an extraordinarily stressful event (or “stressor”), such as combat, motor vehicle accidents and personal or sexual assaults. PTSD can become a life-long battle for not only the veteran, but his or her family and friends as well. Symptoms include uncontrolled anger, violent behavior, exaggerated startle response, flashbacks, hallucinations and blackouts. Service members and veterans with even moderate PTSD are often unable to work, go to school or have functional relationships with others. One of the scariest things about PTSD is that it can take months, years or even decades for symptoms to appear. While PTSD can be successfully treated, there is no known cure.

VA regulations require that in order to receive VA benefits for PTSD, a veteran must prove that the disorder is related to his or her military service. To prove service-connection for PTSD, there must be: (1) medical evidence of a current diagnosis of PTSD, (2) medical evidence that establishes a link between PTSD and a stressor during military service and (3) credible supporting evidence that the claimed stressor during service actually occurred.

If the veteran was in combat and the stressor is combat–related, the VA is required to accept his or her account of the in-service stressor as proof that the stressor occurred. If there is no evidence of combat, the veteran must produce military or other official documents that establish that the stressor occurred, even if the claimed stressor is combat-related.

Proving that a stressor occurred during service is often quite difficult, sometimes taking years for the VA and/or the veteran to find. Because of the backlog of pending VA PTSD claims, the VA decided to eliminate the requirement for veterans to produce credible supporting evidence of a stressor if they received a diagnosis of PTSD during service and the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran’s service. In these cases, the veteran’s description of the stressor alone will now be sufficient to establish the occurrence of the claimed in-service stressor for benefits purposes.

Without having to produce documentary evidence of the stressor, veterans with diagnoses of PTSD during service will receive their VA claims decision much faster than under the old regulations.

The new VA regulation is currently in effect, however, the VA has invited the public to comment on the relaxed evidence requirements and can still change its policy. For now, the VA will apply the new burden of proof standard to all PTSD claims for service-connection that are pending as of October 28, 2008, or that are received afterwards. Veterans with diagnoses of PTSD during service whose claims were denied before that date will not receive automatic reconsideration. Rather, they must file a new claim and specifically request considerations under the new regulation,

The VA has recently issued new regulations that establish a *presumption of service connection for veterans who are diagnosed with ALS anytime after their separation from active military service.

ALS is a neuromuscular disease that affects up to 30,000 people in the U.S. It often progresses very quickly and is almost always fatal. ALS causes degeneration of nerve cells in the brain and spinal cord that leads to muscle weakness, muscle atrophy and spontaneous muscle activity. Currently, the cause of ALS is unknown and there is no effective treatment.

The National Academy of Sciences’ Institute of Medicine (IOM) studied ALS in veterans and found that they suffer from ALS in higher numbers than in the general population. Based on the IOM’s 2006 report, the VA determined that because ALS progresses so rapidly, there may not be time for veterans to obtain the medical evidence that would normally be needed to prove that their ALS is related to their military service. To save precious time, the VA will presume service-connection for veterans who have had at least 90 days of active service and who are diagnosed with ALS anytime after their separation from service.

BUT – THERE IS A CATCH. The presumption will automatically be applied to claims that are filed after September 23, 2008 (the date of the new regulations), or that are pending at the VA, the U.S. Court of Appeals for Veterans Claims or the U.S. Court of Appeals for the Federal Circuit as of that date. This means that if the VA denied a claim for service connection for ALS before September 23, 2008, the VA will not reconsider that claim automatically. The veteran will have to notify the VA about the previous denial of benefits and request that the VA consider the claim under the new regulation.

A new VA regulation changed the way that the VA evaluates the residuals of Traumatic Brain Injury (TBI), making it possible for some veterans to receive higher amounts of compensation.

The changes to the VA’s diagnostic rating schedule were made to reflect current scientific and medical understanding concerning the long-term physical and psychological effects of TBI. VA claims adjudicators will now have more detailed and up-to-date criteria for evaluating and compensating veterans who suffer from the residuals of TBI.

More than 90 percent of TBI cases involve closed head injuries where the veteran was exposed to a concussive wave, but there were no overt head wounds. Many of these veterans do not even realize that they have suffered a TBI.

TBI symptoms can appear immediately or can be delayed over time. These can include memory loss, decreased cognitive function, behavioral and personality changes, dementia and post-traumatic stress disorder. Neurological symptoms include seizures, headaches, impaired reflexes, nervous ticks and post-concussive syndrome which can manifest as dizziness, headaches, vertigo, nausea, insomnia and depression.

Injuries to veterans serving in Iraq or Afghanistan resulting from roadside explosions and other concussive blasts have led to more brain injuries than in other wars. As of September 2008, over 22,000 veterans are receiving VA compensation for TBI. Over 5,800 of these are veterans of the wars in Iraq and Afghanistan.

There is a catch – The VA will only apply the new rating criteria to TBI claims that are received by the VA on or after September 23, 2008. Claims that were received before that date will be evaluated under the old rating criteria, unless the veteran expressly notifies the VA that he or she wants to be considered under the new criteria. The same applies to veterans who are currently receiving VA compensation based on TBI, but who have no pending TBI claims before the VA.

The Federal Circuit’s decision reversed the CAVC’s 2006 decision in Haas v. Nicholson, in which the court struck down as unduly restrictive a VA regulation that required a veteran’s actual presence within Vietnam to be eligible for disability compensation under the Agent Orange Act of 1991. By a 2-1 majority, the Federal Circuit ruled that the VA had the authority to sever existing Agent Orange-related disability payments and deny new claims from “blue water” veterans.

Agent Orange, a now outlawed chemical defoliant that contained the highly toxic substance dioxin, was sprayed by U.S. forces across Vietnam to clear jungle vegetation that could provide cover to the enemy.The VA appealed Haas to the Federal Circuit because including blue water veterans in the group of veterans who are eligible for disability payments based on diseases that have been recognized as related to Agent Orange exposure would cost the government an additional $3.3 billion over 10 years.

The controversy is based on a provision of the VA’s claims processing manual that requires VA claims adjudicators to award service connection on a presumptive basis for certain diseases if blue water veterans had received the Vietnam Service Medal. That medal was awarded to all military personnel who served in Vietnam, its contiguous waters or the airspace above it, from July 1965 through March 1973.

On appeal, the Federal Circuit disagreed with the CAVC’s finding that the VA’s requirement that a veteran must actually set foot in Vietnam for presumptive service connection for an Agent Orange-related disease was too restrictive, in part because ships sailing offshore could have been exposed to dioxin from windborne coastal spraying and from dioxin run-off into the ocean from inland waterways.

The Federal Circuit majority opinion stated that Congress’ use of the phrase “served in the Republic of Vietnam” in the Agent Orange Act was not specifically defined and that such ambiguity left it up to the VA to define that requirement for presumptive service connection as it deems appropriate.

The dissenting judge disagreed, stating that the majority did not consider that by allowing presumptive service connection for Agent Orange-related diseases, Congress intended to make it easier, rather than more difficult, for exposed veterans to receive VA disability benefits. Consequently, the judge believed that the phrase should be liberally interpreted.The National Veterans Legal Services Program (NVLSP), whose attorneys represent Mr. Haas, plans to ask the Federal Circuit for en banc reconsideration before all of the court’s seven judges.

The handbook is revised every year to reflect the most current VA benefits and health care programs and services, as well as the rates for certain benefits payments. The 2008 version of the handbook also contains a state-by-state listing of VA medical facilities, including locations and contact information, an overview of programs and services for veterans provided by other federal agencies and a list of related Internet websites.

Some of the programs discussed in the handbook include disability compensation for veterans with service-connected disabilities, VA health-care, burial benefits, home loan guaranties, special housing and automotive adaptations, educational assistance, training and vocational rehabilitation, income assistance pensions, life insurance and survivors’ benefits.

The handbook can be downloaded free from VA’s website at http://www.va.gov/OPA/vadocs/current_benefits.asp. Printed copies of the handbook may be ordered from the U.S. Government Printing Office (GPO). The GPO accepts credit card orders by calling 866-512-1800 (toll-free) for a cost of $5.00 per copy to U.S. addresses, or $67.00 for bulk orders of 25 copies. The handbook may also be ordered by mail from the GPO at Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000 (stock number 051-000-00233-4), or on line at www.bookstore.gpo.gov.

June 12, 2007

The Department of Veterans Affairs should revise the system for compensation of veterans who become disabled as a result of injuries experienced during their military service, according to a report released on Thursday by the Institute of Medicine, the Washington Post reports. The Veterans’ Disability Benefits Commission, which Congress established in 2003 to study the compensation system, requested the IOM report and likely will issue a separate report later this year.

The U.S. government’s system for rating the severity of military veterans’ disabilities to set payment levels is "out of sync with modern medicine" and should be overhauled, an expert panel said on Thursday.
By Will Dunham
Jun 7, 2007
Read the entire article at ABC News