VA offers a wide range of benefits.

There are thousands of variations on many of those benefits. The period when you served, your MOS, and dozens of other variables come into play for every benefit and every veteran, dependent or survivor.

The benefits a veteran may receive are always based on eligibility. Eligibility is always the key.

Your friend may have a benefit that you aren't eligible for even though your service was similar. Dates, disabling conditions, the type of discharge and many other factors will affect your eligibility. Never try to compare your benefit with another veterans benefit.

This guide is not complete. That would be impossible. Here we'll try to cover the most often used and questioned benefits.

As this page develops over time, we're including some topics that may not be "benefits" as such but will affect how benefits are delivered to you.

If you don't find your answer here, we suggest that you visit the page where you'll find an index of topics, definitions of terms and links to discussions.

On This Page  

Aid & Attendance     BDD     Caregiver Benefits     CHAMPVA   Clothing Allowance    Combined Ratings   DIC Dependents Benefits   Domiciliary Care    

Eligibility     Emergency Treatment     Gulf War Syndrome     Health Care Benefits     Matching Programs     Mental Health Services     Pension Benefits    

Pharmacy Benefits    Ratings     Protected Ratings     Travel     Veterans Life Insurance     VA Publications    

Aid & Attendance  


Veterans Aid and Attendance Benefits Can Help, But Process Difficult     

Arduous and lengthy? That’s an understatement. It was incredibly time-consuming and required appointments with doctors and caregiving agencies, finding documents (I still haven’t found the key to their safety deposit box so I had to hunt down key documents) and a lot of time on the computer and phone.

Little-known veteran pension hard to get and easy target for scammers    

Problems with a Veterans Affairs benefit have created a scam industry and left thousands of seniors ignorant of a pension they are entitled to receive, veterans advocates and congressional investigators say.

Many families are unaware of the pension for ailing combat veterans and their dependents, footing the bill for their care as up to $24,239 a year for each veteran sits unused. Advocates blame poor outreach by the Veterans Affairs Department, a massive federal agency that wields $127 billion each year. 


VA ENHANCED MONTHLY BENEFITS  -  A&A and Housebound Benefits

Recipient Population Is Changing, and Awareness Could Be Improved...Report to the Ranking Member, Committee on Veterans’ Affairs
GAO-12-153 - United States Government Accountability Office

A VA study found that of pension recipients—who are mainly elderly veterans—62 percent might be eligible for enhanced monthly benefits but only 22 percent received them, which the study primarily attributed to lack of awareness about the benefits. VA’s outreach efforts may not be sufficient to inform elderly veterans about enhanced monthly benefits because outreach activities do not typically focus on these benefits, some printed material lacks information on eligibility and application requirements for these benefits, and the extent to which regional offices conduct elderly outreach varies, among other reasons.

BDD  

Benefits Delivery at Discharge

76572093-Benefits-Delivery-at-Discharge.pdf
4.3 MB

Caregiver Benefits  

The Family Caregivers pages at the VA web site.

The VA Family Caregiver Program

Family Caregivers provide crucial support in caring for Veterans. VA recognizes that Family Caregivers in a home environment can enhance the health and well-being of Veterans under VA care.

Under the "Caregivers and Veterans Omnibus Health Services Act of 2010," additional VA services are now available to seriously injured post-9/11 Veterans and their Family Caregivers through a new program of Comprehensive Assistance for Family Caregivers. VA is now accepting applications for these services.

Who Is Eligible?

Veterans eligible for this program are those who sustained a serious injury – including traumatic brain injury, psychological trauma or other mental disorder – incurred or aggravated in the line of duty, on or after September 11, 2001.

Veterans eligible for this program must also be in need of personal care services because of an inability to perform one or more activities of daily living and/or need supervision or protection based on symptoms or residuals of neurological impairment or injury.

To be eligible for the Program of Comprehensive Assistance for Family Caregivers, Veterans must first be enrolled for VA health services, if not enrolled previously.

New Services Available to Family Caregivers through this Program

The new law will provide additional assistance to primary Family Caregivers of eligible post-9/11 Veterans and Servicemembers. New services for this group include:

* Monthly stipend

* Travel expenses (including lodging and per diem while accompanying Veterans undergoing care)

* Access to health care insurance (if the Caregiver is not already entitled to care or services under a health care plan)

* Mental health services and counseling

* Comprehensive VA Caregiver training provided by Easter Seals

* Respite care (not less than 30 days per year)


The VA Caregiver program didn't get off to a smooth start. This article gives you some background.

VA fumbles new caregiver program

CHAMPVA


CHAMPVA Handbook 

CHAMPVA Forms  

Q & A about CHAMPVA  

Clothing Allowance


Program Description

The clothing allowance reimburses you if, because of a service-connected condition, your clothing gets permanently damaged by a prosthetic or orthopedic appliance you wear or a prescribed medication you use on your skin.
General Program Requirements

You are encouraged to enroll in the Veteran Affairs (VA) health care system (or qualify based on one of the exceptions in the law). Go to the Eligibility page to view the program requirements.

You must use the appliance or medication that has damaged your clothing because of a service-connected disability.
Generally, in order to receive VA benefits and services, your character of discharge or service must be under conditions other than dishonorable (e.g. honorable, under honorable conditions, general). However, individuals receiving undesirable, bad conduct, and other types of dishonorable discharges may qualify for VA benefits depending on a determination made by VA.

Application Process

To complete an application, use VA Form 10-8678, "Application for Annual Clothing Allowance."

Applicants should direct their applications to the Prosthetics Service at the nearest VA medical center. Click here for a Facility Locator to locate your nearest VA health care facility.

If you have a non-static clothing allowance, you must apply each year before August 1st. If you have a static allowance, you do not have to apply each year.

VA Publishes Final Regulation on Clothing Allowance Eligibility - Expands Criteria for Veterans with Multiple Qualifying Prosthetic and Orthopedic Devices or Skin Condition Medications

75299042-10-8678-Clothing-Allowance.pdf
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Combined Ratings Table   "VA Math"


Combined Ratings

If VA finds that a Veteran has multiple disabilities, VA uses the Combined Ratings Table below to calculate a combined disability rating. Disability ratings are not additive, meaning that if a Veteran has one disability rated 60% and a second disability 20%, the combined rating is not 80%. This is because subsequent disability ratings are applied to an already disabled Veteran, so the 20% disability is applied to a Veteran who is already 60% disabled. Below you will find the steps VA takes to combine ratings for more than one disability and examples using the Combined Ratings Table to illustrate how combined ratings are calculated.

The disabilities are first arranged in the exact order of their severity, beginning with the greatest disability and then combined with use of Combined Ratings Table

The degree of one disability will be read in the left column and the degree of the other in the top row, whichever is appropriate

The figures appearing in the space where the column and row intersect will represent the combined value of the two

This combined value is rounded to the nearest 10%

If there are more than two disabilities, the combined value for the first two will be found as previously described for two disabilities

The exact combined value (without rounding yet), is combined with the degree of the third disability

This process continues for subsequent disabilities and the final number is rounded to the nerest 10%

Examples of Combining Two Disabilities

If a Veteran has a 50 percent disability and a 30 percent disability, the combined value will be found to be 65 percent, but the 65 percent must be converted to 70 percent to represent the final degree of disability.

Similarly, with a disability of 40 percent, and another disability of 20 percent, the combined value is found to be 52 percent, but the 52 percent must be converted to the nearest degree divisible by 10, which is 50 percent.

Example of Combining Three Disabilities

If there are three disabilities ratable at 60 percent, 40 percent, and 20 percent, respectively, the combined value for the first two will be found opposite 60 and under 40 and is 76 percent. This 76 will be found in the left column, then the 20 rating in the top row. The intersection of these two ratings is 81. Thus, the final rating will be rounded to 80%.

The Table is here. 

DIC & Other Dependents Benefits  

Click Here to view details of the following:

Dependents and Survivors Benefits

DIC rates

Death Gratuity Payment

Dependency and Indemnity Compensation

Aid and Attendance and Housebound Benefits

Death Pension

Survivors' & Dependents' Educational Assistance

Other Benefits for Survivors


VA Fast Letter: Simplified Processing of Dependency and Indemnity Compensation (DIC) Claims    

This letter rescinds or clarifies prior guidance on the processing of DIC claims to ensure timely delivery of benefits to vulnerable survivors who have an immediate need for supplemental income following the death of a Veteran.  

Domiciliary Care 

VA Domiciliary Care  

Domiciliary Residential Rehabilitation Treatment Programs care for a wide range of problems. A veteran's needs might be in any of the following areas-

* Medical
* Psychiatric
* Vocational
* Educational
* Social

Treatment and rehabilitation are provided by a team of professionals in an environment where veterans support each other as they focus on developing greater independence.

Eligibility  

General Program Requirements

Eligibility for most Veterans' health care benefits is based solely on active military service in one of the seven uniformed services. These services are:

The Army
The Navy
The Air Force
The Marine Corps
The Coast Guard
The Commissioned Corps of the Public Health Service
The Commissioned Officer Corps of the National Oceanic And Atmospheric Administration (NOAA)

Reservists and National Guard members who were called to active duty by a Federal Executive Order ordinarily qualify for VA health care benefits. Merchant Marines who served during World War II and former cadets of the military Service Academies may be eligible as well.

Some other groups may be eligible for some health benefits.

You must have been discharged under conditions other than dishonorable. If your separation papers indicate your service was other than honorable, VA must study your service records to see if you qualify.

For reservists and Guard members who were called to federal active duty by an executive order, the usual requirement is that you served the full length of time you were ordered to serve.

For all others, the usual requirement is 24 months of continuous service.

There are a number of exceptions to these rules.

Returning service members, including Reservists and National Guard members who served on active duty in a theater of combat operations, have special eligibility for hospital care, medical services, and nursing home care for five years following discharge from active duty.

Because of budget requirements, VA cannot offer health care to every Veteran who meets these basic requirements. The law contains a complex system of priorities, mostly based on disability, income, and age.

Emergency Treatment  

VA **MAY**  (Not "will") cover emergency treatment at non-VA medical facilities. Having said that, it is rarely easy or simple to have VA make the proper payment in a timely fashion.

The rules are complex. There are strict time restrictions to file.

Veterans must recognize that the system does not work in their favor when they use this benefit. To avoid any problems, vets must take steps as soon as they are able.

* Notify your VA Medical Center that you are in a civilian facility. Telephone at the earliest opportunity. Make notes of who you speak to and the time and date of your conversation.

* When you are released from the civilian facility, immediately begin to follow up with your VA Medical Center regarding the payment to the civilian center.

If you aren't diligent in pursuing this at your earliest convenience, the civilian facility will not receive payment from VA and they will look to you for payment. This can quickly lead to your hospital bill being turned over to a collection agency or worse.

VA Announces Changes to Emergency Care Payment Policy

The new regulation extends VA’s authority to pay for emergency care provided to eligible Veterans at non-VA facilities until the Veterans can be safely transferred to a VA medical facility. More than 100,000 Veterans are estimated to be affected by the new rules, at a cost of about $44 million annually.

Click here for more information about emergency care in non-VA facilities.

Emergency Care of Service-Connected Conditions

Emergency Care of Non-Service-Connected Conditions


38 USC 1725 - Reimbursement for emergency treatment

Sec. 1725. Reimbursement for emergency treatment

(a)
General Authority.—

(1) Subject to subsections (c) and (d), the Secretary shall reimburse a veteran described in subsection (b) for the reasonable value of emergency treatment furnished the veteran in a non-Department facility.

(2) In any case in which reimbursement is authorized under subsection (a)(1), the Secretary, in the Secretary’s discretion, may, in lieu of reimbursing the veteran, make payment of the reasonable value of the furnished emergency treatment directly—

(A) to a hospital or other health care provider that furnished the treatment; or

(B) to the person or organization that paid for such treatment on behalf of the veteran.


Eligibility.—

(1) A veteran referred to in subsection (a)(1) is an individual who is an active Department health-care participant who is personally liable for emergency treatment furnished the veteran in a non-Department facility.

(2) A veteran is an active Department health-care participant if—

(A) the veteran is enrolled in the health care system established under section 1705 (a) of this title; and

(B) the veteran received care under this chapter within the 24-month period preceding the furnishing of such emergency treatment.

(3) A veteran is personally liable for emergency treatment furnished the veteran in a non-Department facility if the veteran—

(A) is financially liable to the provider of emergency treatment for that treatment;

(B) has no entitlement to care or services under a health-plan contract (determined, in the case of a health-plan contract as defined in subsection (f)(2)(B) or (f)(2)(C), without regard to any requirement or limitation relating to eligibility for care or services from any department or agency of the United States);

(C) has no other contractual or legal recourse against a third party that would, in whole, extinguish such liability to the provider; and

(D) is not eligible for reimbursement for medical care or services under section 1728 of this title.

(c)
Limitations on Reimbursement.—

(1) The Secretary, in accordance with regulations prescribed by the Secretary, shall—

(A) establish the maximum amount payable under subsection (a);

(B) delineate the circumstances under which such payments may be made, to include such requirements on requesting reimbursement as the Secretary shall establish; and

(C) provide that in no event may a payment under that subsection include any amount for which the veteran is not personally liable.

(2) Subject to paragraph (1), the Secretary may provide reimbursement under this section only after the veteran or the provider of emergency treatment has exhausted without success all claims and remedies reasonably available to the veteran or provider against a third party for payment of such treatment.

(3) Payment by the Secretary under this section on behalf of a veteran to a provider of emergency treatment shall, unless rejected and refunded by the provider within 30 days of receipt, extinguish any liability on the part of the veteran for that treatment. Neither the absence of a contract or agreement between the Secretary and the provider nor any provision of a contract, agreement, or assignment to the contrary shall operate to modify, limit, or negate the requirement in the preceding sentence.

(4)
(A) If the veteran has contractual or legal recourse against a third party that would only, in part, extinguish the veteran’s liability to the provider of the emergency treatment, and payment for the treatment may be made both under subsection (a) and by the third party, the amount payable for such treatment under such subsection shall be the amount by which the costs for the emergency treatment exceed the amount payable or paid by the third party, except that the amount payable may not exceed the maximum amount payable established under paragraph (1)(A).

(B) In any case in which a third party is financially responsible for part of the veteran’s emergency treatment expenses, the Secretary shall be the secondary payer.

(C) A payment in the amount payable under subparagraph (A) shall be considered payment in full and shall extinguish the veteran’s liability to the provider.

(D) The Secretary may not reimburse a veteran under this section for any copayment or similar payment that the veteran owes the third party or for which the veteran is responsible under a health-plan contract.

(d)
Independent Right of Recovery.—
(1) In accordance with regulations prescribed by the Secretary, the United States shall have the independent right to recover any amount paid under this section when, and to the extent that, a third party subsequently makes a payment for the same emergency treatment.

(2) Any amount paid by the United States to the veteran (or the veteran’s personal representative, successor, dependents, or survivors) or to any other person or organization paying for such treatment shall constitute a lien in favor of the United States against any recovery the payee subsequently receives from a third party for the same treatment.

(3) Any amount paid by the United States to the provider that furnished the veteran’s emergency treatment shall constitute a lien against any subsequent amount the provider receives from a third party for the same emergency treatment for which the United States made payment.

(4) The veteran (or the veteran’s personal representative, successor, dependents, or survivors) shall ensure that the Secretary is promptly notified of any payment received from any third party for emergency treatment furnished to the veteran. The veteran (or the veteran’s personal representative, successor, dependents, or survivors) shall immediately forward all documents relating to such payment, cooperate with the Secretary in the investigation of such payment, and assist the Secretary in enforcing the United States right to recover any payment made under subsection (c)(3).

(e)
Waiver.—
The Secretary, in the Secretary’s discretion, may waive recovery of a payment made to a veteran under this section that is otherwise required by subsection (d)(1) when the Secretary determines that such waiver would be in the best interest of the United States, as defined by regulations prescribed by the Secretary.

Definitions

For purposes of this section:

(1) The term "emergency treatment" means medical care or services furnished, in the judgment of the Secretary—

(A) when Department or other Federal facilities are not feasibly available and an attempt to use them beforehand would not be reasonable;

(B) when such care or services are rendered in a medical emergency of such nature that a prudent layperson reasonably expects that delay in seeking immediate medical attention would be hazardous to life or health; and

(C) until—

(i) such time as the veteran can be transferred safely to a Department facility or other Federal facility and such facility is capable of accepting such transfer; or

(ii) such time as a Department facility or other Federal facility accepts such transfer if—

(I) at the time the veteran could have been transferred safely to a Department facility or other Federal facility, no Department facility or other Federal facility agreed to accept such transfer; and

(II) the non-Department facility in which such medical care or services was furnished made and documented reasonable attempts to transfer the veteran to a Department facility or other Federal facility.

(2) The term "health-plan contract" includes any of the following:

(A) An insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or similar arrangement under which health services for individuals are provided or the expenses of such services are paid.

(B) An insurance program described in section 1811 of the Social Security Act (42 U.S.C. 1395c) or established by section 1831 of that Act (42 U.S.C. 1395j).

(C) A State plan for medical assistance approved under title XIX of such Act (42 U.S.C. 1396 et seq.).

(D) A workers’ compensation law or plan described in section 1729 (a)(2)(A) of this title.

(3) The term "third party" means any of the following:

(A) A Federal entity.

(B) A State or political subdivision of a State.

(C) An employer or an employer’s insurance carrier.

(D) An automobile accident reparations insurance carrier.

(E) A person or entity obligated

Gulf War Syndrome 

The Persian Gulf War is legally defined in title 38 U.S.C. § 101(33) as beginning on August 2, 1990, and ending on the date thereafter prescribed by Presidential proclamation or by law. While the term "Gulf War Veterans" could refer to all Veterans of conflicts during this period, including Veterans of Operation Iraqi Freedom, and subsequent conflicts, the term Gulf War Syndrome is usually used to define veterans who were deployed on the Operation Desert Shield and/or Operation Desert Storm components of the 1990 - 1991 Gulf War.

Gulf War Veterans have been exposed to numerous potential toxins that are not often encountered. These include pyridostigmine, depleted uranium, and petrochemical by-products, among numerous others. Exposure to these potential toxins and resultant clinical implications are described in the 2008 Institute of Medicine comprehensive Gulf War exposure report.

Many disability patterns experienced by returning Gulf War Veterans remain ill-defined. We read of terms like “undiagnosed illness” and “medically unexplained chronic multisymptom illness”. A service connection to establish disability compensation may be granted for other diagnosed chronic, multisymptom illness in addition to chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome.

If you're a Gulf War vet and you suffer from any of the ailments associated with Gulf War Syndrome, you should read Establishing Disability Status In Fibromyalgia & Chronic Fatigue Syndrome by David Anaise, M.D., J.D.

Advocates will also want to reference the Gulf War Report here.
 Gulf War Report.pdf392.6 KB



Researchers tie Gulf War illness to brain damage   

Researchers say they have found physical proof that Gulf War illness is caused by damage to the brain — and that proof may ultimately help civilians who suffer from chronic fatigue syndrome and fibromyalgia.

Using fMRI machines, the Georgetown University researchers were able to see anomalies in the bundle of nerve fibers that interpret pain signals in the brain in 31 Gulf War veterans.

The findings are "huge," because an fMRI allows doctors to diagnose a person with Gulf War illness quickly, said James Baraniuk, senior author and professor of medicine at Georgetown University Medical Center. The research, he said, also shows that Gulf War illness is not psychological.

Read the PLOS ONE Article here.

Over 25% of the 697,000 veterans deployed to the 1990–1991 Persian Gulf War and 15% of nondeployed veterans have developed a symptom complex of widespread pain, fatigue, headache, gastrointestinal, bladder, and other “functional” nociceptive and interoceptive complaints. Gulf War veterans were exposed to a wide variety of exposures that include binary nerve agents, acetylcholinesterase inhibitors, organophosphates, other pesticides and herbicides that may have initiated their symptom complex.

This syndrome has been termed Gulf War Illness (GWI). An initial analysis defined these subjects as Chronic Multisymptom Illness (CMI) based on ≥2 complaints of (i) fatigue, (ii) musculoskeletal or (iii) mood and cognitive dysfunction for ≥6 months. Deployed Gulf War veterans met criteria for Chronic Fatigue Syndrome (CFS) (odds ratio = 40.6) and Fibromyalgia (FM) (odds ratio = 2.32) indicating extensive symptom overlap. All of the veterans who met CMI criteria in this study also met CFS criteria, and 52% met FM criteria.

VA Office of Public and Intergovernmental Affairs

Draft Gulf War Task Force Report Released - Report Redefines How Care and Services Are Provided to Gulf War Veterans 

Health Care Benefits   

Click here to view details of the following:

Basic Eligibility

Enrollment

Priority Groups

Recently Discharged Combat Veterans  

Women Veterans

Veterans with Spinal Cord Injury/Disorders

OEF/OIF/OND Care Management

Financial Assessment

VA Medical Services and Medication Copays

Private Health Insurance Billing  

VA Medical Programs

Readjustment Counseling Services

Prosthetic and Sensory Aids

Home Improvements and Structural Alterations

Special Eligibility Programs

Services for Blind and Visually Impaired Veterans

Mental Health Care Treatment

Work Restoration Programs  

Outpatient Dental Treatment

Nursing Home Care  

Emergency Medical Care in U.S. Non-VA Facilities

Foreign Medical Program

Caregiver Programs and Services

IRS - Taxes



From the IRS

Information for Veterans with Disabilities   

The Internal Revenue Service is committed to providing assistance to veterans and veterans with disabilities. We work with community and government partners to provide timely federal tax-related information to veterans about tax credits and benefits, free tax preparation, and asset-building opportunities available to them.

VA Disability Benefits
 
Do not include disability benefits you receive from the U.S. Department of Veterans Affairs (VA) in your gross income. In particular some of the payments which are considered disability benefits include:

    * Disability compensation and pension payments for disabilities paid either to veterans or their families,
    * Grants for homes designed for wheelchair living,
    * Grants for motor vehicles for veterans who lost their sight or the use of their limbs, or
    * Benefits under a dependent-care assistance program.

Matching Programs  

The Department of Veterans Affairs (VA) receives information on a regular basis from several Federal agencies and compares it to information used to determine the status of VA beneficiaries.

The matches identify cases where there are apparent contradictions between information contained in VA records and information furnished by other Federal agencies that affect entitlement.

General Information on Matching Programs

Social Security (SS) Verification Match

Civil Service Verification Project

Railroad Retirement (RR) Verification Report

Social Security (SS) Death Match

Semiannual Review of Potential Duplicate Payment Cases

Total Disability Income Provision (TDIP) Review

Reference Information

Income Verification Match (IVM): Basic Components

Income Verification Match (IVM): Further Development

Veterans on Active Duty in Receipt of Department of Veterans Affairs (VA) Benefits

Bureau of Prisons (BOP) Match

Beneficiary Identification and Records Locator Subsystem (BIRLS), Master Record, and date of Death Reconciliation Project

100 Year Old Review

Social Security Administration (SSA) Prision Match

Fugitive Felon Match

Mental Health Services  

Department of Veterans Affairs (VA) provides general inpatient psychiatric services as well as mental health outpatient services. Many of these services are being integrated into primary care clinics, VA nursing homes, and residential care facilities where veterans receive mental health care.

Veterans with serious mental illness are seen at all facilities and clinics where specialized programs, such as mental health intensive case management, day centers, work programs and psychosocial rehabilitation are provided.


A Practical Guide to Conducting VA Compensation and Pension Exams for PTSD and Other Mental Disorders

Despite being one of the most common forensic mental health evaluations, no article has ever appeared in a peer-reviewed journal describing how to conduct US Department of Veterans Affairs (VA) mental health compensation and pension examinations. This article rectifies that paucity of information. We outline the legal framework, ethical considerations, and administrative challenges inherent in these evaluations. We provide separate guidelines for private practice clinicians and VA staff or contractors. We pay special attention to the multiple sources of collateral information available for these exams and how to access relevant records. The article alerts examiners to the possibility that they might face resistance from VA officials if they screen for and assess symptom exaggeration or feigning and that they could encounter VA-imposed restrictions on time allotted for exams.


Personality Disorders

Personality disorders are a group of psychiatric conditions in which a person's long-term (chronic) behaviors, emotions, and thoughts are very different from their culture's expectations and cause serious problems with relationships and work.


PTSD Wikipedia

Pension Benefits 


PensionProgramInfo_final.pdf
130.6 KB

A new fact sheet from VA addressing the sometimes confusing pension system.


VA’s Pension Program  “Often quoted, less often read, less often understood”

Drew Early, Esq.
The Law Firm of Drew Early, LLC  
Atlanta, GA


“A VA Pension claim is one of the most complicated claims there is.”  Senior VA employee

The VA Pension program has its origins in the Civil War. The intent of the program was to provide for US veterans and eligible spouses of that conflict. It was then expanded to include veterans of the Indian Wars and the Spanish-American War.  
    
The program was modified in the early 1900s to lessen abuse. It was then revamped to another form, known as 306 pension—there are still some 306 pension recipients to which VA pays this older form of benefit.
    
The current pension benefit is known as Improved Pension.  Anyone making a claim for pension today is filing under improved Pension rules.  The purpose of the benefit is to ensure that eligible veterans and their spouses receive at least a minimum standard of living and one which exceeds the low-income pension provided by Supplemental Security Income (SSI); the standard is dictated by the Congress.
    
The benefit has three separate eligibility criteria: medical impairment(s), income, and assets and is only available to veterans or surviving spouses of a veteran who: served in a wartime period, have an honorable discharge, served at least 90 days on active duty, and have medical and financial need.
    
This is a tiered benefit with increasing levels of pension provided for on the basis of a medical condition.  The base level, Improved Pension, is for eligible veterans or spouses aged 65 years of age or older.  Improved Pension pays up to $1,021/month for a single veteran if the veteran has no income for VA purposes (IVAP).  Housebound is the next higher level and potentially pays out more, up to $1,226/month for a single veteran.  Housebound fundamentally means a veteran who’s medical condition confines him or her to the home and they do not drive. The most well-known tier is the highest level of the benefit, known as Aid and Attendance and pays out up to $1,703/month for a single veteran. 

Aid and Attendance is for someone in need of assistance with at least two of the activities of daily living (ADLs); this benefit is typically used to defray assisted living to caregiver expenses.  All the benefit levels pay out more if there are dependents; the surviving spouse rates are lower than for a veteran.
    
The benefit pays out up to the maximum of each level, as determined by medical condition.  The exact amount paid is determined by available income—VA allows unreimbursed medical expenses to be deducted from actual income when determining available income.  As an example, a veteran has $2,000 a month in income from retirement and Social Security and is confined to his home (he is housebound).  The Housebound benefit pays up to $1,226 but the veteran already has more than that coming in, so he is not eligible, from an income perspective, for the benefit.  Now, same veteran, who has $1500 a month in caregiver expenses—VA then says his available income is $500/month (subtracting out the unreimbursed caregiver expense)  and VA would supplement his income by an additional $726/month in order for the veteran to be receiving at least the $1,226 housebound benefit.
    
In practice, the benefit is usually paid out in full, either at the Improved Pension Rate or at the Aid and Attendance rate.  It is often used to supplement finds for Assisted Living; VA considers Assisted Living as a valid unreimbursed medical expense.  
    
Medical condition is one eligibility component.  Income is another and too much income, even after deducting unreimbursed medical expense, will prevent eligibility for the benefit if the available income exceeds benefit levels.  The third component is assets.  VA figures that if a veteran or a surviving spouse has too many assets, the claimant should not need this benefit.  Asset posture is determined by what the veteran (and spouse) both own and the cap on assets varies as a function of age.  A rough rule of thumb used to be $80,000 as an asset cap, but that is simply a planning figure.  
    
Making the claim requires sound and complete documentation, to include proof of current infirmity(ies) and unreimbursed medical expenses.  After award, yearly verification of this same information is required.  As many seniors suffer from dementia or Alzheimer’s, any indication of these conditions will further require the appointment of a fiduciary to receive VA funds on behalf of the claimant.  Naturally, nominations for a fiduciary should only be made for someone considered trustworthy by the claimant.
    
As you can see, this is a complicated benefit.  It becomes more so when eligibility work may be required to assist a claimant in seeking the benefit.  Often, this eligibility work consists of a combination of measures to validly reduce income (normally through documentation of caregiver costs) and/or assets. 

Such work is the proper province of skilled and experienced elder law attorneys.  There are others out there that describe what they do as “VA eligibility” work, but it often means they are simply annuity salespeople and if selling an aging veteran an annuity is impractical for the circumstances, then they won’t do anything else to assist. Utilizing trusts, particularized annuities, considering gifting or transfers are all legitimate tools to provide for pension eligibility.  Elder law attorneys who are VA accredited can assist veterans and their families in a greater understanding of this little-understood benefit.


VA, SSA and IRS Cut Red Tape for Veterans and Survivors   

The Department of Veterans Affairs announced today it is cutting red tape for Veterans by eliminating the need for them to complete an annual Eligibility Verification Report (EVR). VA will implement a new process for confirming eligibility for benefits, and staff that had been responsible for processing the old form will instead focus on eliminating the compensation claims backlog. 

Atlanta based veterans attorney Drew Early commented to VAWatchdog; "This is a good thing—eliminates the annual financial filing requirements for those veterans or spouses drawing VA Improved Pension.  The program supports the aged community and getting rid of this annual paperwork drill  is a positive step."

Pharmacy Benefits

Copays and Pharmacy Charges

Many veterans will find that they are required to pay a "copay" amount for their prescribed medications. This usually depends on the Priority Group that the veteran is assigned to.


Want more intel about your medicines?

• thCare Policy and Research
• Army QA - USAMMA
• Centers for Disease Control(CDC)
• Centers for Disease Control (CDC) Tetanus Guidelines
• Drug Enforcement Administration - Diversion Control Program
• Environmental Protection Agency
• FDA - Center for Devices and Radiological Health
• FDA Drug Recalls
• FDA MedWatch Website - How to Report Events
• Food and Drug Administration
• GAO reports
• Health & Human Services
• Occupational Safety and Health Agency
• Veterans Administration
• VA - Information Resource Center
• VA-National Acquisition Center
• VA-Phone Book

Learn more about the VHA formulary, click right here.



What about copays?

Click here.

 
Ratings  

Ratings for service connected conditions are the result of numerous complex calculations when they're done correctly.

The links here will take you to some of the sites and methods VA uses to calculate your rating.

The Schedule For Rating Disabilities is where you should begin when you want to know how your rating for each of your rated conditions was determined.

38 CFR Book C, Schedule for Rating Disabilities    

You should have a look at the Physicians Guide to learn more of how your C & P was conducted.

Special Monthly Compensation rates are here.  

TDIU Ratings are here. 

Jim:

Here's an interesting case for Watchdog readers.  Buczynski v. Shinseki, 24 Vet. App 221 (2011) is a non-precedential case, but provides a good analysis and discussion of subjective rating criteria.

Veterans are often puzzled when VA distinguishes levels of ratings by referring to conditions or symptoms as mild or moderate or severe.  In this case, a veteran challenged a determination that her condition was moderate and she (with the help of her able advocate, Todd Wesche) argued that her condition was more appropriately considered as severe. 

Her success was, in part, tied to linking her condition by analogy to another rating code.  The initial rating did not fully give reasons for the level of award, but just listed symptoms.  The Court found VA had to do more than that and provide a rationale to the veteran that explained what would be necessary to achieve a higher subjective rating. 

This is a good example of the Court laying out for VA what should occur in  a rating decision, rather than simply allowing a recitation of symptoms and then saying "that's not enough for a higher award."

Drew

Drew Early, Esq.
Shewmaker & Shewmaker, LLC
Atlanta, GA

Protected Ratings 

38 USC 110 - Preservation of disability ratings

A rating of total disability or permanent total disability which has been made for compensation, pension, or insurance purposes under laws administered by the Secretary, and which has been continuously in force for twenty or more years, shall not be reduced thereafter, except upon a showing that such rating was based on fraud. A disability which has been continuously rated at or above evaluation for twenty or more years for compensation purposes under laws administered by the Secretary shall not thereafter be rated at less than such evaluation, except upon a showing that such rating was based on fraud. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.

Travel 

Travel Benefits...Frequently Asked Questions   

Veterans Life Insurance 

Veterans' Group Life Insurance (VGLI) No-Health Period Extension  

VA Brochures, Publications, Guides, etc.  


The VA Benefits Guide   2012_Federal_benefits_ebook_final.pdf
3.5 MB