DISABILITY COMPENSATION AND PENSION BENEFITS

[CAL]

You may be eligible for compensation for injuries or illnesses you suffer as a result of active duty or for any you had before service that were made worse because of your active duty service.

What is VA Disability Compensation?

Disability Compensation is a benefit paid to a veteran because of injuries or diseases that happened while on active duty or were made worse by active military service. The benefits are tax free.

How Much Does the VA Pay for Disability Compensation?

The basic benefits are based on how disabled you are. Your benefits may be increased if:

• You have very severe disabilities to include loss of limb(s).
• You have a spouse, child(ren), or dependent parent(s).
• You have a seriously disabled spouse.

Disability Compensation Topics

Prisoners of War:

Former prisoners of war who were incarcerated for at least 30 days are considered eligible for disability compensation if they become at least 10 percent disabled from diseases associated with being held as a prisoner of war.

Agent Orange and Other Herbicides:

Nine diseases are considered service-related for compensation purposes for veterans exposed to Agent Orange and other herbicides in Vietnam. They are chloracne, porphyria cutanea tarda, soft-tissue sarcoma, Hodgkin’s disease, multiple myeloma, respiratory cancers, non-Hodgkin’s lymphoma, prostate cancer, and acute and subacute peripheral neuropathy.

Veterans Exposed to Radiation:

Veterans exposed to ionizing radiation while on active duty may be eligible for disability compensation if they have disabilities related to that exposure.

Gulf War Related Conditions:

Gulf War veterans who suffer from chronic disabilities resulting from undiagnosed illnesses may receive disability compensation. The illnesses must have begun during active duty during the Gulf War or become evident to a degree of 10 percent or more at any time through December 31, 2001.

Allowances for Dependents:

Veterans whose service-connected disabilities are rated at 30 percent or more are entitled to additional allowances for dependents. The additional amount is determined according to the number of dependents and the degree of disability. A disabled veteran evaluated 30 percent or more is entitled to a special allowance for a spouse who is in need of the aid and attendance of another person.

Incarcerated Veterans:

VA benefits are restricted if a veteran, surviving spouse, child, or dependent parent is convicted of a felony and imprisoned for more than 60 days. The disability compensation paid to an incarcerated veteran is limited to the 10 percent disability rate. Any amounts not paid may be apportioned to eligible dependents. Payments are not reduced when the recipient is participating in a work-release program, residing in a halfway house, or under community control.

What is Disability Pension?

Disability Pension is a benefit paid to wartime veterans with limited income if they are no longer able to work.

Who is Eligible to Receive a Disability Pension?

You may be eligible if:
• You were discharged from service under other than dishonorable conditions, AND
• You served 90 days or more of active duty with at least one day during a period of war, AND
• You have disabilities that keep you from working a regular, full-time job, AND
• Your countable family income is below a yearly limit set by law.

How Much Does VA Pay?

VA pays you the difference between your countable family income and the yearly income limit which describes your situation. This difference is usually paid in 12 equal monthly payments.

Disability Pension Topics

Automobile Assistance: Veterans and service members qualify for this benefit if they have service-connected loss of one or both hands or feet or permanent loss of use or permanent impairment of vision of both eyes (VA regulations specify how great the impairment must be in order to qualify for this benefit). Veterans entitled to compensation for ankylosis of one or both knees or one or both hips may be eligible for adaptive equipment for an automobile.

Clothing Allowance:

Any veteran who is entitled to receive compensation for a service-connected disability for which he or she uses a prosthetic or orthopedic appliances may receive an annual clothing allowance. The allowance also is available to any veteran whose service-connected skin condition requires prescribed medication that damages the veteran’s outer garments.

For more information on these topics, visit VA’s website at http://www.vba.va.gov

[mythos3600]

If I can add to this, If you are Active duty, make copies of your medical records, anytime you have them in your hands make copies. I know to many vets who wait years, sometimes even pass away before their benefits are approved. I was given the advice to make copies, and when I got out, from the time I applied to the time I got approved only took me 8 months.

Those copies will help you out!

[Feetasshead]

I was just looking at my VA paperwork and it showed why some claims of mine were refused. The main point was that I did NOT go to sick call unless I was totally jacked up or bleeding profusely!
If you are active duty I know how hard it is to drag your ass to sick call because you do not want to look like a limp dick but GET IT IN YOUR MEDICAL RECORDS.
I would have at least 20 percent more disability but I sucked it up and went hard-ass and did not report it or go get taken care of.

FYI for the hearing loss folks,"tinnitis" will get you 10% but generic "hearing loss" will not. Keep the word "tinnitis" in mind when you get your disability physical (it is ringing in the ears).

[fishouseman]

fuck the va. you better have more than copys.the records i got are about 1/2 in. thick. the records the va got are about 2 in. thick.and when i ask for what they got,i cant get it. the right to know law sucks also.'cause it wont get you anything either.ive been waiting on an asnwer for 3 yrs.my next step will be a lawer,or death.witch ever come first. FUCK THE V.A. and the V.F.W. the more i read vawatchdog.com. the more i hate them.
well it dark outside, i have to go watch for things.

[Skyshark]

You may have a fucked up VA rep where you live. What you need to do it contacat the DAV and have them represent you for the VA. IF you are trying to get disability or anything. THey are the ones thatwill help.

THe Army or the VA lost ALL my med records. both pointing fingers at the other one. I secured the DAV to help me and did they ever. Turned out the only proof I had of my injuries were 1. A letter home that I wrote to mom that she saved telling her about the incident AND a picture of me in Korea wearing the braces and shit. Because the letter was still in the post marked envelope that mom saved God bless her heart and the DAV in there fighting for me I was "awarded" 50%.

Seriously not all the VFW's suck but there are a few bad ones out there just as there are bad apples working for the VA.

I would group the lot with them. There are several members of the VFW here that would take offense to that brother. Just FYI.

AATW!!

[fishouseman]

i dont give a fuck about you people sitting on your ass in the vfw drinking beer.FYI kiss my ass.and if you dont like that well kiss it again.i dont have to be nice to you, cause you belong to the vfw.and as far as the dav go,they aint done shit either.beg for money cause i got 10%.they didnt do shit. im the one who did all the leg work and wrote to people for the things i need.so fuck you ,the vfw, and the dav.

[CAL]

i dont give a fuck about you people sitting on your ass in the vfw drinking beer.FYI kiss my ass.and if you dont like that well kiss it again.i dont have to be nice to you, cause you belong to the vfw.and as far as the dav go,they aint done shit either.beg for money cause i got 10%.they didnt do shit. im the one who did all the leg work and wrote to people for the things i need.so fuck you ,the vfw, and the dav.

Brother, I think you may need to unwind just a tad. Sky was just trying to help you out and put things in a bit less of a pessimistic light. You have definitely earned your right to have your own opinion but I don't see why you need to toss around "Fuck yous" to brothers.
Just my humble $.02.....

[FISH]

Fishhouseman, Check your PM NOW!

[Skyshark]

i dont give a fuck about you people sitting on your ass in the vfw drinking beer.FYI kiss my ass.and if you dont like that well kiss it again.i dont have to be nice to you, cause you belong to the vfw.and as far as the dav go,they aint done shit either.beg for money cause i got 10%.they didnt do shit. im the one who did all the leg work and wrote to people for the things i need.so fuck you ,the vfw, and the dav.

[LRP1]

fishouseman..

We are ALL Brothers here...like a Brother we will offer advice..Skyshark
was only trying to help you. There was no reason for you going off on him with the language you used. We normally don't care what members say but you went a "little" overboard with your response. I am sorry you have had problems with the VA and every other government agency dealing with Veterans...But most errors occur during the input process.

There is a tremendous amount of help within this Board and it is freely given but DO NOT BITE the Hand that is trying to help you.

[CAL]

Fishouseman, check your PM and/or your email from me ASAP.

[etihwr2]

I used to do claims for the Virginia Department of Veteran Services. I worked in Northern Virginia. I had co-workers that did as little as possible and one that sometimes refused to submit the paperwork because the veteran was missing a DD214 or SSN for dependents. This has cost the state well over $100,000 in retro payments. This guy is leaving the state in five days. The point hears for fishouseman is not every one you go to is going to be all they can be.

First, most reps don't have the time to tell you everything you need to know. I would take about one hour with my clients and my superiors complained and said I should doing the claims in 30 minutes. The other 30 minutes is trying to pry out of the veteran what they want to file for and educating them on the process. 85% of what is needed, you the veteran needs to get ahold of. I can provide you with address and other information, but you have to get it.

Before you say it is my job, your VERY wrong. If I send all day working on one claim, I screwed seven other veterans. You know what you did, you know were you did it. Most of the time the veteran comes into my old office and was not prepared. They had a DD214 or a WD55-53 (from WWII), but they usually din't know what they wanted to file for. I'm not like the DAV, I don't have liablility insurance if I go through your medical records and miss something, I can be sued. Besides, you don't know were and when you been injured or what is wrong with you.

EVERYONE HERE NEEDS TO GET A SLEEP STUDY DONE. If you have it in your medical records that show you being tired or sleepy why on AD, then you have a good chance of getting SC for Sleep Apnea. With a CPAP, it is a 50% disability. There are so many issues such as: Death, Stroke, Heart Attack, Cardovascular Disease, Diabetes, Hypertension, Glaucoma, Depression, GERD, Erictile Dysfunction, Migraines, Floppy Eyelid Sysndrome and others. People in the Military are four times more likely to have sleep apnea. If you have letters from friend, loved ones to include family members that say you didn't have the symptoms:

Snores Loudly,
Gurgles in sleep
Breathing Stopes
Heart stops beating,
Tired all the time
Falls asleep unexpectedly (for a few seconds or more)

You could have only one (being tired), you don't need all. After you get the letters get a nexus (SEE Below).

THE NEXUS LETTER:

Nexus Letter and how to make it work for you.

A claim for a Veterans Benefits Administration (VBA) disability compensation award must be based on irrefutable evidence. If the claim leaves any doubt in the mind of the ratings specialist who makes that award decision, you may be denied.

This is often the case when the veteran alleged that an injury or illness that occurred in service has worsened over the years. While the condition may have been relatively minor then, it's significantly disabling today.

To show that there exists a connection between his/her documented service event (exposure to CBR elements, wounding, illness) and a condition today (cancer, worsening of original injury, etc.) requires that the veteran present a favorable opinion of an expert who agrees with his/her thought process. This is known as a nexus letter. A simple definition of nexus is: Tie; bond; link; connection or interconnection.

When writing a nexus letter, a few points to remember are in order.

· The letter should be as brief as possible while stating facts
· The author must be an expert.
· This is most often a medical doctor who is board certified in the area of health that's at issue.
· If cancer is the condition, an oncologist is preferred.
· If an old injury to a bone is in question, an orthopedic surgeon is the obvious choice.
· PTSD has become more controversial in recent years and it's accepted today that a clinical psychiatrist or psychologist is the gold standard for opinions related to the condition.
· The expert who signs the nexus letter must have thoroughly reviewed all available and pertinent medical records (to include Service Medical Records) and state that fact in the letter. If the expert can't reasonably verify that all records were reviewed, the letter won't be of much value.
· The nexus letter should be as detailed and complete as the circumstances dictate.

Although it may not always be an absolute requirement, it will lend a lot of weight if the writer of the nexus letter has recently examined the veteran.



The doctor who writes the letter does not have to use absolutes or conclusions in his or her statements. Opinions are made based on conjecture of observing facts and possibilities arising from those facts.

This means that the author isn't required to say that one thing definitely caused another only that it might have or is likely to have led from point A to point B.

The preferred language to describe an expert's opinion should express whether "it is more likely than not (i.e., probability greater than 50 percent), at least as likely as not (i.e., probability of 50 percent), or less likely than not (i.e., probability less than 50 percent) that (the condition) was incurred or aggravated during active service.

In practical terms, the nexus letter is a powerful tool for the veteran to use to establish a claim. Often the VA will recognize that the physician who writes your nexus letter is better trained, better experienced or spent more time examining you than a VA Compensation and Pension (C&P) examiner did. In many cases at the VARO level as well as the Veterans Board of Appeals and in higher courts, the expert opinion expressed in a nexus letter has been the deciding factor that wins a Veteran those well deserved benefits.
Many physicians, both civilian and VA doctors, are reluctant to write such a letter. Sometimes, they are concerned that there are legal pitfalls that can arise from writing disability letters and they want to avoid such. While there probably are some legal issues to consider, I'm not aware of any physician ever suffering any repercussions from writing a truthful, factual nexus letter.

In my experience, the physician is most often simply too busy to write such letters or isn't sure of the proper statements to make. Keeping it simple is your best chance for the doctor signing the letter. It is also best to have your doctor write the letter on his letterhead.

If the veteran’s personal doctor won't write such a letter, the veteran will have to seek out a physician who specializes in Independent Medical Examinations or IME's. The doctor who is a specialist in Independent Medical Examination is usually thought to be above reproach as their living depends on their reputation as an impartial reporter of facts. They will often know the language that's needed very well and they spend a lot of time examining the patient and reviewing the records.
The IME doctor may be expensive and the veteran must pay the bill up front and out of his/her own pocket. These IME opinions may cost from $600.00 to $1500.00 or more. There is no guarantee that the IME doctor will agree with the veteran’s thinking and if the report is not in agreement with the veteran, he/she will not get their money back.


Example of nexus letter;

DATE
Reference: VETERAN’S NAME
ADDRESS ETC.

To Whom It May Concern;

I am Dr. Quack. I am board certified to practice in my specialty. A CV is included.

Mr. John Doe is a patient under my care since DATE. His diagnosis is YOUR CONDITION, etc.

I have personally reviewed his medical history (NAME DOCUMENTS) and I've also reviewed his history of the (EVENT OR EVENTS YOU CLAIM ARE THE CAUSE OF YOUR CONDITION) while he served during his military service.

I am familiar with his history and have examined Mr. Doe often while he has been under my care. (SPECIFY LAB WORK, X-RAYS, ETC.)

Mr. John Doe has no other known risk factors that may have precipitated his current condition.

In my personal experience and in the medical literature it is known, ETC.

It is my opinion that it is more likely than not that Mr. John Doe's condition ETC.

SIGNED
Dr. Quack, M.D.

[yrualeg]

Etuhwr2,

thanks for the information now before you post again.....Post a proper introduction. We require that all members to introduce themselves.


You are a NOGO at this station.

[GERONIMO]

Administration seems to be a common VA weakness. They deny because there is no money in their BUDGET to buy an approved stamp. From Experience. AIRBORNE! GERONIMO!!

[wishbone]

Same on this side of the pond , piled in from a Balloon jump at catterick North Yorkshire , landed on my head and lived , but F***** the back. Later I got old of my medic Docs , no metion of the incident/injury or 6 months off work. When i retired and cliamed I produced my copies , knocked dead. If you can get a copy ,