Late last month, the U.S. Department of Housing and Urban Development (HUD) issued new guidance concerning service animals and other assistance animals used by people with disabilities in housing and HUD-funded programs. Three huge federal laws—the Fair Housing Act, Section 504 of the Rehabilitation Act and the Americans with Disabilities Act—have provisions covering service or assistance animals for people with disabilities.

The ADA definition of “service animal” includes only dogs and specifically excludes emotional support animals. On the other hand, under both the Fair Housing Act and Section 504, persons with disabilities may request a reasonable accommodation for any assistance animal, including an emotional support animal. In some particular facilities, such as housing sales and leasing offices, public housing agencies or housing associated with a university or other place of education, housing providers must meet their obligations under both the ADA, and the Fair Housing Act and Section 504.

Both the Fair Housing Act regulations and Section 504 housing regulations forbid discrimination in housing because of disability. And, many housing providers around the nation prohibit residents from owning pets. However, this new HUD guidance document emphasizes the point that assistance animals for persons with disabilities are not pets. They are working animals, and they serve persons with many disabling conditions today, including pulling a wheelchair, alerting persons to impending seizures and providing emotional support to persons who have a need for such support.

If you are a person with a disability who uses an assistance animal of any type, remember two principles: you do not have to prove to a landlord that your assistance animal received training and/or certification of any sort; and, even if “No Pets Are Allowed” in the housing complex, submit a written request for a “reasonable accommodation,” because your assistance animal is not a pet. Save a copy of all your paperwork, too.

Strangely to me at least is the narrow ADA definition of a service animal, which is “any dog that is individually-trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.” These regulations continue that “the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of this definition.” Thus, the ADA definition covers only “trained dogs” and eliminates emotional support animals as service animals under its jurisdiction.

ADA-covered entities may pose just two questions to disabled individuals: Is this a service animal that is required because of a disability? And, what work or tasks has the animal been trained to perform? Further, the entity may not require any documentation of the answers to these two questions.

Although I have never had an assistance animal during my quadriplegic life, it seems to me that individuals with disabilities have an easier time with them where they live and work, and perhaps less acceptance when they are outside their and their assistance animal’s comfort zone. After all, everyone enjoys petting a handsome dog. However, I was chastised a number of years ago when I did just that. So, I’ll sign off with a friendly “hands off!” “That dog is working.”

Terry Moakley
Chair of the VetsFirst Committee

VetsFirst directly assists veterans and their eligible family members in obtaining the benefits they are entitled to, deserve and need.

“We are honored to present Senator McCain with this award, as he has demonstrated unwavering commitment to ensure that disabled veterans, and all people with disabilities the world over, are able to work, live, and participate in their communities,” said Heather Ansley, Esq., MSW, VP of Veterans Policy for VetsFirst.

The award will be presented as part of United Spinal’s 2nd annual Roll on Capitol Hill (June 16-19), a legislative advocacy event in Washington, D.C. that offers wheelchair users and other Americans living with disabilities the opportunity to visit Congressional offices to speak directly with the legislators who make decisions that affect their daily independence and quality of life.

Senator McCain will be on hand to receive the VetsFirst Congressional Bronze Star Award, Tuesday, June 18, during an evening awards reception on Capitol Hill, hosted by United Spinal to honor Congressional champions of the disability community.

While serving in the United States Senate, Senator McCain has supported disability rights by cosponsoring the Americans with Disabilities Act (ADA) and the ADA Amendments Act.

Senator McCain has been the lead Republican champion for ratification of the CRPD––a human rights treaty that establishes the obligations of countries that ratify it to promote, protect, fulfill, and ensure the rights of people with disabilities, including access to rehabilitation, employment, and educational opportunities.

Senator McCain has expressed support for US ratification of the treaty because it seeks to advance the ADA’s fundamental values of equality and human dignity around the world. It will also help remove barriers and allow American service members and veterans with disabilities to work, serve, study, and live abroad.

Twenty-two national veterans and military organizations support the CRPD including VetsFirst. Senator McCain has pledged to continue the fight to ensure ratification of this treaty.

I am going into my VA medical center next month for back surgery. I will be laid up for a few months recovering. I am currently employed and am not rated at 100% but my doctor says I will not be able to work for a while. My doctor said I could be eligible for some type of temporary rating? Any idea what he is talking about?

Answer:

You may be eligible for a temporary 100% (total) rating even if your rating is less than 100%. Temporary 100% ratings are available where:

• You are hospitalized for more than 21 days for treatment of a service-connected disability. The temporary total rating for hospitalization will remain in effect from the date of admission into the hospital until the last day of the month in which you are discharged.
• You have undergone surgery for treatment of a service-connected disability which requires at least one month of convalescence, or which has resulted in severe post-operative residuals. A temporary total rating for convalescence may also be granted where a major joint is immobilized by a cast. The rating becomes effective on the date of hospitalization or treatment and runs for up to 90 days from the date of discharge from the hospital or release from treatment. Extensions of the 100% rating may be available for up to one year, if medically warranted.
• You are separated from military service with a stabilized condition that began during service and that has resulted in a severe disability that renders substantially gainful employment either not feasible or unadvisable.

If you have any questions about this topic or any other topic regarding veterans benefits please feel free to contact us at Ask VetsFirst. Ask VetsFirst is a free support service for veterans and their family members. You can find Knowledge Books on a wide range of veterans issues and topics. You can also submit a request and have one of our counselors answer your questions.

Please feel free to browse our extensive VetsFirst Knowledge Books for answers to your questions and if you are unable to find an answer you can submit your question directly to a VetsFirst counselor. Click here to Ask VetsFirst.

Not long after our marriage, my wife and I visited the nearest TRICARE office, which is located just beyond the main gate of the military facility closest to our home. Both my wife and daughter qualified for medical care coverage under TRICARE’s “Prime” program, and we were able to obtain TRICARE identification cards for both of them on the spot that day.

Within the first couple of years of our TRICARE coverage, my wife needed a series of blood transfusions due to absorption problems. She was experiencing a significant lack of energy, and as we found out after one visit to her physician, some of her blood work numbers were dangerously low. Thankfully, the transfusions corrected the problem, and TRICARE covered all of them.

Shortly after the transfusions, my spouse began to experience an erratic heartbeat. We searched throughout our home and neighboring counties for the best heart specialist that we could find. Although my wife had a non-invasive procedure performed by this physician via heart catheterization, the problem could not be fixed and she has learned to live with it. Meanwhile, our daughter, who is also covered by TRICARE, continues to enjoy good health.

Unfortunately, when the Affordable Care Act became law in March of 2010, some dependents and survivors of veterans were left out of the provision which enables children to be covered until age 26. In 2011, the Congress fixed and the President signed a bill into law that changed coverage until age 26 for veterans and their dependents and survivors on TRICARE; however, it did not include the dependents and survivors of veterans on the CHAMPVA health insurance program.

There are many differences between TRICARE and CHAMPVA coverage. It’s important to keep in mind that TRICARE is only available to retired military members, that is, the veteran who is retired, and his or her spouse and dependent children. CHAMPVA is available only to the spouse and dependent children of veterans who are 100% service-connected disabled, or who died on active duty, or who died as a result of a service-connected disability.

There is a bill in the Congress, H.R. 288/S. 325, the CHAMPVA Children’s Protection Act of 2013, which would simply increase the age from 23 to 26 to allow the dependents and survivors of qualifying military veterans to receive health care benefits. In other words, if they qualify for CHAMPVA, they could use it three years longer. VetsFirst supports these bills and testified in favor of S. 325 before the Senate Veterans’ Affairs Committee on May 9.

We must remember as a nation that our best and our brightest are still being killed or seriously wounded in the war in Afghanistan. The dependents and survivors of our military who died in battle or who are 100% service-connected due to their battle injuries deserve CHAMPVA coverage now.

Terry Moakley
Chair of the VetsFirst Committee

However, it is no secret that the number of females serving in our military has grown considerably in recent years. In the year 2000, there were some 160,000 female veterans receiving VA services nationwide; however, by 2012, that number had more than doubled. VA health care services were provided to 360,000 female veterans last year. And, based on the numbers of women currently on active duty or in the reserves, the agency anticipates that female VA users will double in the next ten years.

Unfortunately, the VA has also determined that women veterans are underutilizing available VA benefits and health care services. So in 2010, the VA began an outbound Call Center program to reach out to women veterans. We must assume the VA believes that trying to contact women vets about its programs and services is simply not enough. Last week, VA officials announced that any female veteran can now contact the VA for health care and benefits information when they launched a new Women Veterans Hotline, 1-855-VA-WOMEN, or 1-855-829-6636.

The agents who receive calls on the Women Veterans Hotline are trained to do much more than provide general VA benefits and services information. They can route incoming calls to others within the VA when needed. Agents are also trained to respond to crisis situations such as suicidal behavior, sexual trauma, domestic violence and homelessness.

Also, VA has established agreements so that agents might hand off incoming calls when needed to their Veterans Crisis Line and their Caregiver Support Line. And, in difficult situations like these, the VA WOMEN Call Center will respond to the maker of the call within 30 days to insure that she received the help requested.

In addition, women veterans who utilize this hotline can expect to receive information about comprehensive primary care, mental health services, emergency and specialty care, gynecology services, maternity care, crisis support and homelessness assistance.

Once again, the VA WOMEN Call Center hotline is 1-855- VA-WOMEN, or 1-855-829-6636.

We ask our loyal readers to share this new resource as often as possible with women veterans, their family members and their caregivers.

Terry Moakley
Chair of the VetsFirst Committee

I am not rated as totally disabled but my medical conditions are preventing me from working. I can usually get a job but I can’t keep it. Do I have any options?

Answer:

Even if you are not rated at 100%, VA benefits may be available to compensate you at the 100% level if you are unable to work because of your service-connected condition/s. If you have a single service-connected disability rated at 60% or higher, and you cannot obtain or maintain (i.e., get or keep) substantially gainful employment because of your disability, you may be entitled to a total, or 100%, rating on the basis of total disability based upon individual unemployability TDIU or IU) due to your service-connected disability. If you have two or more service-connected conditions one condition must be at least 40% and your combined rating must be at least 70% and you are unable to obtain or maintain substantial gainful employment as the result of your service-connected disability or disabilities.

“Substantial gainful employment” is essentially a job that pays at least an amount equal to the annual poverty level as set by the government. TDIU entitles recipients to monthly VA compensation at the 100% level, even though the severity of their disability does not meet the requirements for a scheduler 100% rating.

Entitlement to TDIU generally requires evidence that the veteran is unemployable due to a disability or disabilities. Evidence usually consists of medical evidence such as a doctor’s statement that your service-connected disability renders you totally disabled and unemployable. Statements may also be submitted from your former supervisor and co-workers regarding your inability to obtain and maintain substantial gainful employment.

Even if you are currently employed you may, under some circumstances, qualify for TDIU. This is the case where your current salary is substantially less than the prevailing poverty level, or you are working at a job where you are protected from the requirements that somebody else in that position would be expected to satisfy. Common examples of this are where you are working for a friend or a relative who is aware of your condition and they make special exceptions for you. Under these circumstances the VA will not consider your employment to be substantially gainful employment. A job with a salary below the poverty level is called “marginal” employment and a job where you are protected from normal work requirements is called “sheltered” employment. Both marginal and sheltered employment are the exceptions to the unemployment requirement for TDIU benefits.

As with many other VA benefits TDIU is not necessarily a permanent benefit. The VA may periodically require you to undergo a new medical examination to determine whether or not you are still unable to work due to your service-connected disability/s. Failure to report for such an examination will almost always result in the reduction or severance of your TDIU. Likewise if the VA becomes aware that you are working at a job that is neither marginal nor sheltered while you are receiving TDIU benefits, your TDIU rating could be revoked and you may be liable to the VA for an overpayment of your TDIU benefits.

Caution must be exercised even if you are working as a volunteer. If the VA determines that the nature and amount of unpaid work that you are performing demonstrates that you are not employable, TDIU benefits can be revoked. If revoked by VA your benefits will be decreased to your actual rating.

If you have any questions about this topic or any other topic regarding veterans benefits please feel free to contact us at Ask VetsFirst. Ask VetsFirst is a free support service for veterans and their family members. You can find Knowledge Books on a wide range of veterans issues and topics. You can also submit a request and have one of our counselors answer your questions.

Please feel free to browse our extensive VetsFirst Knowledge Books for answers to your questions and if you are unable to find an answer you can submit your question directly to a VetsFirst counselor. Click here to Ask VetsFirst.

VetsFirst won a key battle in our fight to ensure that servicemembers with disabilities receive information about disability-related employment and education protections during their transition from military to civilian status. The House Veterans’ Affairs Committee, Subcommittee on Economic Opportunity recently voted to ensure that this information will be provided to these men and women during the transition process.

The Transition Assistance Program (TAP) is undergoing a series of significant changes as part of the implementation of the VOW to Hire Heroes Act of 2011. This legislation requires most separating servicemembers, including National Guard and Reserve Component members, to attend TAP. The redesigned TAP program provides information to transitioning servicemembers about VA benefits, and provides the employment skills and education information that servicemembers need to succeed in the current job market.

VetsFirst believes that information presented during TAP sessions regarding employment and education should include information about disability rights and protections. Those who have acquired disabilities as a result of their military service need a basic understanding of the protections available to them under the law as they return to the workforce or seek out education opportunities. To ensure that this information is received by all those servicemembers who need it, we believe that it should be integrated into TAP information about preparing for employment or education opportunities.

For our part, we have created an online guide, Disabled Veterans Employment and Education: Gearing Up for Your Future, that provides information to disabled veterans about employment and education related protections for people with disabilities. We believe that this type of information should be part of TAP.

On April 10, VetsFirst submitted testimony to the House Veterans’ Affairs Committee, Subcommittee on Economic Opportunity regarding the Servicemembers’ Choice in Transition Act of 2013 (H.R. 631). While we supported the legislation, we expressed our belief that the bill should require TAP to include information about disability-related education and employment protections. On April 25, the Subcommittee passed an amended H.R. 631 that includes this information.

We are proud to support this legislation and hope that it will mark a new era in helping servicemembers learn about disability-related education and employment protections.

What do I need to show or prove to win my claim for service-connected compensation?

Answer:

Since I do not know what type of claim you are filing I am going to provide you with general eligibility information for service-connected compensation.

To win a claim for service-connection a claimant must generally meet, or show, the following elements:

1. Must be a veteran;
2. Must have a current disability;
3. Must be a link, or nexus, between your military service and your current disability.

Don’t laugh about the part that the claimant must be a veteran. From time to time individuals who never served in the U.S. Armed Forces apply for benefits seeking to scam the system. For VA purposes a veteran is a person “who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable.”

The first step in obtaining VA disability compensation is establishing that a current disability is service-connected, or related to military service. This means that the disability had its onset during active military service, or that a disability that existed prior to a veteran’s entry into active military service was aggravated during service beyond the natural progression of the underlying disease or condition. Once service connection has been established, the VA will review the most recent medical evidence and evaluate the current level of the severity of the symptoms associated with the disability. The VA will then issue a rating (sometimes called a disability “evaluation”), expressed in a percentage of the amount of disability caused by the disease or disorder. This percentage rating determines the amount of monthly compensation paid.

To reiterate, eligibility for VA disability compensation generally requires the satisfaction of three fundamental requirements. First, there must be a medical diagnosis of a current disease or disorder. Second, there must be medical, or sometimes non-medical (called “lay”) evidence that such disease or disorder had its onset during active military service, or that a pre-existing disease or disorder was aggravated during such service. Third, there must be medical evidence of a linkage, or nexus, between military service and a current disease or disorder. The standard that the VA uses to determine if the medical nexus requirement has been satisfied is whether the medical evidence of record demonstrates that it is “at least as likely as not” that the current disability is related to the veterans military service.

In general a claim requires medical records such as hospital records, doctor’s office or medical clinical records that reflect a diagnosis of a current disease or disorder. A doctor’s letter that discusses the veteran’s diagnosis and treatment will also satisfy the current diagnosis requirement. Next, it is extremely helpful if there is a notation in the veterans military medical records that reflects complaints, treatment, diagnostic test results or diagnoses that relate to a spinal cord injury, disease or disorder. Obviously, service records that document a disease or injury will usually satisfy the onset or aggravation during service requirement. Finally, there must be a doctor’s statement or opinion to the effect that it is at least as likely as not that a current condition is related to an injury, the onset of a disease or disorder, or the aggravation of a pre-service disease or disorder, during military service. If evidence satisfying all three elements of service connection is present, the VA must award service connection for a claimed disability. Please remember that just because the VA must “legally” grant service connection it does not mean they will. Just remember you can always appeal the VA’s decision.

If you have any questions about this topic or any other topic regarding veterans benefits please feel free to contact us at Ask VetsFirst. Ask VetsFirst is a free support service for veterans and their family members. You can find Knowledge Books on a wide range of veterans issues and topics. You can also submit a request and have one of our counselors answer your questions.

Please feel free to browse our extensive VetsFirst Knowledge Books for answers to your questions and if you are unable to find an answer you can submit your question directly to a VetsFirst counselor. Click here to Ask VetsFirst.

What is service-connected compensation?

Answer:

Although there are many different benefits available from the VA veterans are often most interested in service-connected compensation. Service-connected compensation, also referred to as disability compensation, is a monetary benefit paid to veterans on a monthly basis because of injuries or diseases that happened while on active duty, or were made worse by active military service. As previously mentioned these tax-free benefits are also paid to some veterans who are disabled as a direct result of VA health care. Depending upon whether the veteran is married and or has dependents monthly compensation payments range from $123.00 to $3,052.00.

There are five different ways to establish service connection and each carries with it subtle nuances. The five methods of service connection are:

1. Direct Service Connection-This can be established by showing that a current disability was directly due to, or caused during, active military service. For example a veteran may have been injured during a parachute jump during training and now suffers from a back disability. This theory also applies if the veteran was off duty or on leave or liberty when the incident occurred. For example the veteran may have had a similar parachute accident while participating in recreational skydiving off base. In either case if the injury was related to active military service or it occurred during active military service it can be directly service-connected if it caused the veterans current disability.

2. Aggravation-This can be established where an injury or disease is considered to have been aggravated by active military, naval, or air 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 normal progress of the disease. For example prior to entering service a veteran tears their meniscus playing high school football. The tear requires surgery to the meniscus. The knee heals and the veteran is given a clean bill of health by his orthopedic physician. The veteran plays high school football the following year and joins the military after high school graduation. The veteran informs the military of his prior knee injury and he passes the entrance physical. Years later the veteran again tears his meniscus while fast roping out of a helicopter. While fast roping the veteran suffers a very hard landing. In this case his preexisting condition has been aggravated by his military service and as such he is entitled to service connection for his knee injury.

3. Statutory Presumptions-In some instances Congress has created procedural devices which reduce the veterans burden of establishing service connection. These procedural devices, called statutory presumptions, presume the existence of a fact despite the lack of specific evidence of the fact’s existence. Where a statutory presumption applies, the burden shifts to the VA to rebut the existence of the presumed fact with specific evidence. There are a number of different presumptions covering chronic diseases, tropical diseases, prisoners of war, exposure to herbicide agents, exposure to radiation and Persian Gulf veterans.

4. Secondary Service Connection-If a disability has been service-connected and that disability directly or indirectly causes another disability, the new disability can be service-connected as secondary to the primary service-connected disability. The new disability will be treated as if it were a result of the veteran’s military service and will be evaluated for a separate disability compensation rating. If a disability that existed prior to a service-connected disability has been aggravated and assigned a rating that reflects the extent to which that disability has increased in severity due to the service-connected disability.

   For example if a veteran incurs a severe service-connected back injury while on active duty that injury may make them walk differently. They may walk with a limp or an awkward gait which may affect other body systems such as their knees, legs and ankles. If they suffer an additional disability to another body system due to their service-connected condition these additional conditions may also be service-connected.

5. Disability Caused by VA Medical Treatment of Vocational Rehabilitation-this is also known as an “1151 Claim” which is a reference to Section 1151 of title 38 of the United States Code. An 1151 claim will be granted where the disability was caused by VA medical care or vocational rehabilitation. Such an injury will be treated as if it were service-connected. This type of claim is used where the VA is negligent, lacks proper skill or makes an error in judgment. It is very similar to a claim for medical negligence. An example of this type of claim would be where a veteran goes into a VA hospital for a colonoscopy but the VA amputates their foot by mistake. The loss of the foot will be treated as if it were service connected.

   If you believe your disability was caused by the VA I strongly encourage you to speak with an attorney about the Federal Tort Claims Act (FTCA). Under certain circumstances the FTCA allows you to sue the federal government for their wrongdoing. If you pursue a FTCA it could have an impact on your benefits which is why it is best for you to speak with an attorney first. Ideally the attorney would also be well versed in veterans benefits as well as the FTCA.

If you have any questions about this topic or any other topic regarding veterans benefits please feel free to contact us at Ask VetsFirst. Ask VetsFirst is a free support service for veterans and their family members. You can find Knowledge Books on a wide range of veterans issues and topics. You can also submit a request and have one of our counselors answer your questions.

Please feel free to browse our extensive VetsFirst Knowledge Books for answers to your questions and if you are unable to find an answer you can submit your question directly to a VetsFirst counselor. Click here to Ask VetsFirst.

Of course, we complied and we boarded the aircraft ahead of non-disabled passengers as we requested without incident. But last month the TSA posted a page on its website titled “Wounded Warrior Accommodations,” subtitle “Special Considerations.” The agency has established the Wounded Warrior/Military Severely Injured Joint Support Operations Center program to “support and facilitate the movement of severely injured service members and veterans (emphasis added by yours truly) through the security screening process at our nation’s airports.”

If you are a severely injured veteran, after you have made your flight arrangements, either you or another family member or other “representative” (traveling companion, personal care attendant, etc.) should contact the Operations Center to provide the details of your travel itinerary. The TSA would prefer that you contact them by e-mail at MSIJSOC@dhs.gov. You also have the option to call them toll-free at 888-262-2396. The Operations Center will acknowledge the request by replying either by e-mail or by telephone.

Personally, I would recommend that you contact them by e-mail. This way, you can print out a copy of their reply e-mail to you, and take it with you to your airport. I know that I’m somewhat old-fashioned, but I’d rather have that reply e-mail to show TSA personnel as opposed to arguing with someone at the screening process.

The last step in this process is for the TSA to notify the Federal Security Directors at the airports involved in your travel plans. Federal Security Directors ensure that the screening process is carried out with empathy and respect, so that the overall airport screening experience for severely injured service members and veterans, and all other travelers as well, goes as smoothly as possible.

I have no real idea if what I’m about to write in conclusion is sound advice or not, but it hopefully cannot hurt. If you use a VA health care facility for any reason, you should have a photo identification card provided by that facility. Bring it with you when you travel by commercial airline. Or, if you are retired military due to disability, you should have a retired military photo identification card. Take it with you next time you fly.

Every American who travels by commercial airline knows that it can be a hassle sometimes. With some luck, these new TSA boarding procedures can make travel by air easier “for those who have borne the battle…”

Terry Moakley
Chair of the VetsFirst Committee