TMI VA Claim Denied - McDonald Gives Second Chance

VA Secretary Provides Relief for Veterans with Traumatic Brain Injuries WASHINGTON – Secretary of Veterans Affairs Robert McDonald has granted equitable relief to more than 24,000 Veterans following a national review of Traumatic Brain Injury (TBI) medical examinations conducted in connection with disability compensation claims processed between 2007 and 2015. This action by the Secretary allows the Department of Veterans Affairs (VA) to offer new TBI examinations to Veterans whose initial examination for TBI was not conducted by one of four designated medical specialists and provides them with the opportunity to have their claims reprocessed. Equitable relief is a unique legal remedy that allows the Secretary to correct an injustice to a claimant where VA is not otherwise authorized to do so within the scope of the law. “Traumatic Brain Injury is a signature injury in Veterans returning from the conflicts in Iraq and Afghanistan, and VA is proud to be an organization that sets the bar high for supporting these, and all, Veterans,” said Secretary McDonald. “Providing support for Veterans suffering from a TBI is a priority and a privilege, and we must make certain they receive a just and fair rating for their disabilities.” To ensure that TBI is properly evaluated for disability compensation purposes, VA developed a policy in 2007 requiring that one of four specialists – a psychiatrist, psychiatrist, neurosurgeon or neurologist – complete TBI exams when VA does not have a prior diagnosis. Since 2007, medicine around TBI has been a rapidly evolving science. VA designated particular specialists to conduct initial TBI exams because they have the most experience with the symptoms and effects of TBI. As more research became available, VA issued a number of guidance documents that may have created confusion regarding the policy. VA has confirmed that its TBI policy guidance is now clear and being followed. “We let these Veterans down,” Secretary McDonald said. “That is why we are taking every step necessary to grant equitable relief to those affected to ensure they receive the full benefits to which they are entitled.” VA understands the importance of an accurate exam to support Veterans’ disability claims. The Secretary’s decision to grant relief will enable VA to take action on any new examinations without requiring Veterans to submit new claims. If additional benefits are due, VA will award an effective date as early as the date of the initial TBI claim. VA will contact Veterans identified as part of this national TBI review to offer them an opportunity to receive a new examination and have their claims reprocessed. More than 13,000 of these affected Veterans are already receiving service-connected compensation benefits for TBI at a 10-percent disability evaluation or higher, which means that the diagnosis has already been established.

Memorial Day

Memorial Day is approaching quickly and activity has been picking up in my office as American flags are picked up by service organizations and individuals. Henry County makes available the funds to purchase over 5,000 graveside flags. Every veteran grave in Henry County has a flag placed beside it before Memorial Day. This is just one way our veterans are honored.

Many schools invite veterans to attend Veterans Day programs. Restaurants give veterans discounts or free meals. Stores give discounts on purchases with proper ID.  A military Honor Guard is present at most veterans funerals.  These are just  a few ways that our veterans are remembered.

But what makes a veteran?  He is the teenager that crossed the ocean in the bowels of a transport ship to fight the Germans during WW II.  The young lady that cared for wounded soldiers at the battle front as they were brought into field hospitals. The young B-25 belly gunner who had his canopy shot from under him by German fighters planes and ended up hanging under the plane in his harness. The bomber continued to the target and returned to its airfield in England safely. The young lieutenant who led his platoon through the jungles and swamps of Vietnam looking for Viet Cong.

The young woman Marine who traveled across Iraq from village to village promoting good will and handing out soccer balls to children. The Air Force crew chief  who flew aboard bombers that dropped atomic bombs during Operation Teapot in the 50's. The teenage sailor who was aboard a warship that was sunk during a WW II sea battle in the Pacific.  Was rescued, assigned to another ship that was torpedoed. Survived still again, and yes, his last ship was sunk. All these veterans are Henry County residents and have done things a non veteran can't imagine. 

Not all of us were involved in combat but were an important element that supported the troops in harms way: supply, medical, training, intelligence, finance, chaplains, flight crews, electronics, mechanics, judicial, munitions, technicians, etc. The list goes on and on.

The young mother of two in the checkout line, or the elderly gentleman sharing coffee and conversation with friends at a local restaurant just might be veterans. Think about that this Memorial Day and everyday.
_____________________________________________________________________

A documentary about PTSD (Post Traumatic Stress Disorder) is coming to Indianapolis  on Tuesday May 24 at 7 p.m. for one night only. "Soledad O' Brian Presents: The War Comes Home - The New Battlefront." This film follows two veterans on the edge of suicide as they attend a life-changing boot camp. Healing, meditation and team-building exercises are part of the treatment over the course of five days, with the cameras recording their recovery.

The documentary will be shown at AMC Indianapolis 17 at 4325 South Meridian St., Indianapolis, IN. Call (317) 784-0989 for ticket information.

Service Connected Disabilities, File Now

The VA is similar to a tree with many branches. They offer health care at clinics and hospitals, educational benefits, a variety of pensions, VA home loans and disability benefits, among other things.

The majority of veterans who come in asking about disability benefits served in Vietnam.  Most want to file an Agent Orange claim. The VA defines the defoliant as " a blend of tactical herbicides the U.S. military sprayed from 1962 to 1971 during Operation Ranch Hand in the Vietnam War to remove trees and dense tropical foliage that provided enemy cover."

The name “Agent Orange” comes from the orange stripe painted on the 55-gallon drums the pesticide was stored in. Vets were sprayed with it while on combat operations,  around perimeter of bases. Overspray drifted onto ships that were supporting troop operations in the Mekong Delta and inland waterways. It was everywhere.

Add caption

Thousands of vets eventually came down with medical conditions as a result of contact with AO.  Now they are in need of help and medical care. Type II diabetes, ischemic heart disease, pancreatic cancer, neuropathy are some of the medical conditions that are related to Agent Orange.

Then there are injuries and wounds that are a result of combat operations or accidents that occur will serving.  If a vet was awarded a Purple Heart, they are entitled to full medical benefits from the day of discharge.

If you feel you have a medical condition or service connected injury that occurred while in the military, stop by my office in the Henry County Courthouse and we can talk about it. Please bring a discharge (DD-214) and any relevant evidence.

My office hours are 7 am till noon, Tuesday, Wednesday, Thursday and Friday. E mail jguglielmi@henryco.net or 765-529-4305.

Veterans ID Cards - You Will Have To Wait

New veterans ID cards won't be available until 2017

By Leo Shane III, Military Times– January 26, 2016

   Congress passed legislation for a new veterans ID card last summer, but it will likely be another year before any are issued.

   The Department of Veterans Affairs has begun drafting regulations for production and issuing of the ID cards, designed to give veterans easy proof of their military service for non-federal activities.

   Legislation authorizing the cards, sponsored by Rep. Vern Buchanan, R-Fla., passed through Congress without objection last July. He argued that veterans needed the option for a veterans ID to help individuals who have to carry around copies of their discharge paperwork to get discounts or services at a host of private businesses.

   Veterans requesting the IDs would have to pay a small, yet-to-be-determined fee, to cover production costs.

This is just a sample of what the ID Cards might look like.

   But Veterans Affairs officials said it will likely still be months before anyone gets the new cards. The rule-making process is expected to take at least another year, with production and issuing times still to be decided.

  “This is a lengthy process that requires time for a public comment period as well as approval from the Office of Management and Budget,” officials said in a statement this week. “VA currently estimates the program will be implemented in 2017.”

   That’s a disappointment for veterans who had hoped to ditch their DD-214s for the next trip to the hardware store or for local restaurant deals. Advocates have complained that practice is both inconvenient and unsafe, given the personal information included on official military documents.

   No veterans will be required to get the IDs, and the cards will not replace medical IDs or official defense retiree cards.

   Supporters called it a simple way to honor veterans’ service.

Find A Veteran Service Officer to File Claims

Trying to comb through the claims process with the VA is daunting enough. If you try to go it alone, you might end up dazed, confused and waste valuable time. Seek out a Veteran Service Officer in the county you live in. We are trained and accredited by the VA to help veterans check what benefits are available, help complete the proper forms, gather the evidence needed and submit the claims through an accredited service organization. The American Legion, DAV, VFW and the Marine Corps League are just a few that serve veterans. To find a VSO you can go to www.va.gov or www.nacvso.org.

The following is an NPR story about Veteran Service Officer Bob Kelly in Indiana and the work he does for veterans.

Grant County Veterans Service Officer Bob Kelley, right, works with World War II Army veteran Frederick Kern at the Grant County Government Building in Marion, Ind., on Monday.

Aaron P. Bernstein for NPR

NPR — along with seven public radio stations around the country — is chronicling the lives of America's troops where they live. We're calling the project "Back at Base." This story is Part 2 of a three-part series about veteran benefits.

The latest data from the U.S. Department of Veterans Affairs show Indiana — which has the 35th highest number of veterans in the U.S. — receives $4,935 per veteran each year. If they received as much as Utah — which has the 35th highest return — Indiana vets would receive on average another $558. And if they received the national average of $6,088, that's another $1,153.

Retired Brig. Gen. Jim Bauerele has spent years working to match veterans with their benefits.

"I think Indiana has neglected veterans," he says. "I think veterans are uneducated as to what their benefits are, and there has been little effort undertaken to communicate and get that to veterans."

Source: NPR analysis of Department of Veterans Affairs data

Credit: Robert Benincasa and Alyson Hurt/NPR

Back in 2010, a VA survey found that nationwide fewer than half of veterans understood their benefits, whether it was medical care, college tuition or pension and disability payments.

There are all sorts of reasons why veterans in one area may not receive as many benefits as veterans in another. Veterans from different eras, such as Vietnam or Iraq, can receive different amounts. Older vets might receive more benefits.

VA applications are also notoriously difficult to complete. Vets don't always get the help and guidance they need.

Bauerele says one reason for the poor showing in Indiana can be traced to what are called veterans service officers (VSOs). County-level VSOs are part of a system operating in 28 states, and they're supposed to help vets get the benefits they've earned. Some VSOs operate on the state level, and veterans groups like the American Legion and Veterans of Foreign Wars have their own VSOs, which operate in most states.

Some county-level VSOs in Indiana operate on a shoestring.

"Some counties have an officer who is part-time, works three days a week, part-time and doesn't even have an office or a computer," Bauerele says.

So depending on where they live, one vet might find an office with a full-time staff trained to file paperwork with the VA, while another might find a closed office, or a VSO who can't navigate the system.

And without help, filing a VA claim can be tough.

Tom Nichols, a 29-year-old Indiana National Guard veteran, has struggled to file his disability claim. After returning from Iraq in 2010, he became addicted to drugs and alcohol. Eventually, he landed in treatment for PTSD.

Not only does Nichols not understand his benefits — he doesn't really know the best way to get them, either. He hasn't tried a VSO because he says it's too much trouble.

"I've got to go to some VFW to track down this guy, and it's only the first Thursday of every month," Nichols says.

Pamphlets detailing services available to veterans are displayed in VSO Bob Kelley's office in Marion, Ind.

Aaron P. Bernstein for NPR

So he filled out the paperwork himself. To some of the medical questions, he just wrote "ask my doctor," which could be part of the reason his claim didn't go through. Advocates say the VA rejects claims for reasons as simple as using an outdated version of the form.

"It's basically on me to go out there and receive this," Nichols says.

But a trained VSO can cut months and years off the time it takes veterans to receive benefits from the VA.

"You never want to apply for benefits on your own, unless you have some experience with it," says Bob Kelley, the VSO for Grant County, one of the Indiana counties receiving the most from the VA.

The VA's own data show vets who give VSOs power of attorneyreceive more than double the disability benefits of vets who file their own claims.

BACK AT BASE

VA Data Show Disparities In Veteran Benefits Spending

David McLenachen, acting deputy undersecretary for disability assistance for the VA, agrees that VSOs routinely help the system work.

BACK AT BASE

Women Sweat The Test To Show Marines They're Combat-Ready

"It can be overwhelming for somebody to prepare a claim and submit it," he says. "The VSOs can be very successful at helping with the claim process."

Kelley also goes to nursing homes and Veterans of Foreign Wars halls to tell veterans about their benefits, often on his own time. He would do more, but his county won't pay for an assistant until January.

"It's not a career," Kelley says. "In the state of Indiana, it's not a career. When I retired from the military after 25 years, I was hired on at $28,000, and that's the average salary."

But the state is trying to give VSOs more resources in order to ensure all veterans have access to them.

For Veterans

Veterans Coming Home, made possible by the Corporation for Public Broadcasting, is a collection of resources and public media stories aimed at helping veterans returning back to civilian life.

Looking for a veterans service officer? Visit theNational Association of County Veterans Service Officers to find links to yourstate VSOs and state benefit resources. Ordownload a directory from the U.S. Department of Veterans Affairs.

In the past year, the state paid for software and training so county VSOs could file claims electronically. And for the first time, the Indiana Department of Veterans Affairs set up workshops to explain federal benefits to vets.

Bauerele is part of the Military Veterans Coalition of Indiana, which is pushing to reform the system in Indiana. He'd like to see better pay for county officers, and he wants the state to offer more help. VSOs like the American Legion already process thousands of VA claims.

"Every dollar you give a veteran is new money from outside the state coming into the state," Bauerele says. "That'll pay for a lot of Cadillacs, a lot of homes."

VA Dental Plan Now Available

Pilot Program For Vets With No Dental Care  

WASHINGTON – VA is partnering with Delta Dental and MetLife to allow eligible Veterans, plus family members receiving care under the Civilian Health and Medical Program (CHAMPVA), to purchase affordable dental insurance beginning Nov. 15, VA officials announced today.  

“VA continues to explore innovative ways to help Veterans get access to the care and services they have earned and deserve,” said Secretary of Veterans Affairs Eric K. Shinseki. “This new dental program is another example of VA creating partnerships with the private sector to deliver a range of high-quality care at an affordable cost, for our Nation’s Veterans.”

More than 8 million Veterans who are enrolled in VA health care can choose to purchase one of the offered dental plans.  This three-year pilot has been designed for Veterans with no dental coverage, or those eligible for VA dental care who would like to purchase additional coverage.  Participation will not affect entitlement to VA dental services and treatment. 

There are no eligibility limitations based on service-connected disability rating or enrollment priority assignment.  People interested in participating may complete an application online through either Delta Dental, www.deltadentalvadip.org or MetLife, www.metlife.com/vadip beginning Nov. 15.  Coverage for this new dental insurance will begin Jan. 1, 2014, and will be available throughout the United States and its territories. 

Also eligible for the new benefits are nearly 400,000 spouses and dependent children who are reimbursed for most medical expenses under VA’s CHAMPVA program.  Generally, CHAMPVA participants are spouses, survivors or dependent children of Veterans officially rated as “permanently and totally” disabled by a service-connected condition.

Dental services under the new program vary by plan and include diagnostic, preventive, surgical, emergency and endodontic/restorative treatment.  Enrollment in the VA Dental Insurance Plan (VADIP) is voluntary.  Participants are responsible for all premiums, which range from $8.65 to $52.90 per month for individual plans.  Copayments and other charges may apply.

Historically VA’s free dental services have gone to Veterans with dental problems connected to a medical condition that’s officially certified as “service connected.”  Free dental services will continue for those Veterans. 

For more information on VADIP, visit www.va.gov/healthbenefits/vadip, or contact Delta Dental at 1-855-370-3303 or MetLife at 1-888-310-1681.

Veterans who are not enrolled in the VA health care system can apply at any time by visiting www.va.gov/healthbenefits/enroll, calling 1-877-222-VETS (8387) or visiting their local VA health care facility.

Housing Market Heating Up - Check Out VA Home Loans

What does the VA Have To Offer Veterans

The VA helps Service members, Veterans, and eligible surviving spouses become homeowners. As part of their mission to serve, the VA provides home loan guaranty benefit and other housing-related programs to help you buy, build, repair, retain, or adapt a home for your own personal occupancy.

VA Home Loans are provided by private lenders, such as banks and mortgage companies. VA guarantees a portion of the loan, enabling the lender to provide you with more favorable terms.

Two things you must have to start the process are a copy of your DD-214 (discharge) and a COE (certificate of eligibility). You can apply online or contact your county Veteran Service Office for help.

For a certificate of eligibility go to:
 http://benefits.va.gov/HOMELOANS/purchaseco_certificate.asp 

For a copy of your discharge go to:

http://www.archives.gov/veterans/

Types of Loans

Purchase Loans help you purchase a home at a competitive interest rate often without requiring a down payment or private mortgage insurance. Cash Out Refinance loans allow you to take cash out of your home equity to take care of concerns like paying off debt, funding school, or making home improvements. Learn More

Interest Rate Reduction Refinance Loan (IRRRL): also called the Streamline Refinance Loan can help you obtain a lower interest rate by refinancing your existing VA loan. Learn More

Native American Direct Loan (NADL) Program: helps eligible Native American Veterans finance the purchase, construction, or improvement of homes on Federal Trust Land, or reduce the interest rate on a VA loan.Learn More

Adapted Housing Grants: help Veterans with a permanent and total service-connected disability purchase or build an adapted home or to modify an existing home to account for their disability. Learn More

Other Resources: many states offer resources to Veterans, including property tax reductions to certain Veterans. Check with your states Veteran Affairs Office.

Eligibility Requirements

The length of your service or service commitment and/or duty status may determine your eligibility for specific home loan benefits.

Purchase Loans and Cash-Out Refinance:VA-guaranteed loans are available for homes for your own personal occupancy. To be eligible, you must have a good credit score, sufficient income, a valid Certificate of Eligibility (COE), and meet certain service requirements. Learn More

Interest Rate Reduction Refinance Loan (IRRRL): The IRRRL is a "VA to VA" loan, meaning it can only be applied to refinance an existing VA loan. An IRRRL can be done only if you have already used your eligibility for a VA loan on the property you intend to refinance. Learn More

Native American Direct Loan (NADL) Program: The NADL program helps Native American Veterans purchase, construct, improve, or re-finance a home on Native American trust lands. Your tribal organization must participate in the VA direct loan program. You must have a valid Certificate of Eligibility (COE) and meet certain service requirements. Learn More

Adapted Housing Grants: VA helps Veterans with certain total and permanent disabilities related to your military service obtain suitable housing with either a Specially Adapted Housing (SAH) or Special Housing Adaptation (SHA) grant. 

How to Apply

Purchase Loan & Cash-Out Refinance: VA loans are obtained through a lender of your choice once you obtain a Certificate of Eligibility (COE). You can obtain a COE through eBenefits, by mail, and often through you lender. Learn More

Interest Rate Reduction Refinance Loan: A new Certificate of Eligibility (COE) is not required. You may take your Certificate of Eligibility to show the prior use of your entitlement or your lender may use our e-mail confirmation procedure in lieu of a certificate of eligibility. Learn More

Native American Direct Loan (NADL) Program: First, confirm that your tribal organization participates in the VA direct loan program. NADL loans are obtained through a lender of your choice once you obtain a Certificate of Eligibility (COE). You can obtain a COE through eBenefits, by mail, and often through you lender. Learn More

Adapted Housing Grants: You can apply for an SAH or SHA grant by either downloading and completing VA Form 26-4555 (PDF) and submitting it to your nearest Regional Loan Center, or completing the online application.Learn More

VA Health Care: Apply Now

VA Health Care Enrollment Process 

   Veterans are now eligible for a comprehensive health care package that is completely portable across the entire VA health care system. To receive health care, most veterans must be enrolled first.

   In 2009 federal regulations were changed to enable VA to enroll certain Priority Group 8 veterans who applied for enrollment and who may have been previously denied enrollment in the VA health care system because their income exceeded VA's income thresholds. These Veterans may now qualify if their household income does not exceed the current VA income thresholds by more than 10%. To see if you are eligible and to access a calculator to see how you stand against the income thresholds, visit www.va.gov/healtheligibility/Library/AnnualThresholds.asp.      If you have any enrollment or eligibility questions, you may call 1-877-222-VETS (8387).

Application Process

To apply for VA health care benefits, including enrollment you must fill out an application for enrollment, VA Form 10-10EZ. You may obtain this form by one of the following means:

• Online - Complete VA Form 10-10EZ, Application for Health Benefits.
• By Telephone - Call toll-free number at 877-222-VETS (8387)
• In Person - Complete the "Application for Health Benefits" at your local VA. Find a VA medical center.

The VA uses the 10-10EZ application to determine if you have qualifying service as a veteran and your status so you can be placed into one of the Enrollment Priority Groups.

Once enrolled you will remain enrolled without having to reapply for benefit annually. However, some veterans will need to update their financial information yearly to keep their enrollment priority current. VA will contact you when or if it is necessary to update their financial information.

The VA has a quick two-question form to help you determine your if you qualify for VA health care. Visit the VA Health Care Page to get started.

New Law Opens VA Health Care to Some Priority Group 8 Vets

   A recent change in the laws governing VA health care provides VA additional funding to allow expanded enrollment opportunity for certain Priority 8 Veterans who may have been previously denied enrollment in VA's health care system because their income exceeded VA's national and geographically-adjusted means test thresholds.

   The new regulations took effect on June 15, 2009 and enable the Department of Veterans Affairs (VA) to relax income restrictions on enrollment for health benefits. While this new provision does not remove consideration of income, it does increase income thresholds. You may be eligible for enrollment under this new provision, even if you have been denied coverage in the past.

   A Veteran applying for enrollment on or after June 15, 2009, who does not qualify for a higher priority group and whose income exceeds VA's national and geographically-adjusted means test threshold by 10% of less will be placed in Priority Group 8b (if the Veteran is non-compensable 0% service-connected) or 8d (if the Veteran is nonservice-connected) and enrolled in the VA health care system. This new financial threshold is referred to as the "Enrollment threshold."

Your Next Step:
If you applied after Jan. 1, 2009 simply wait for the VA to contact you after their re-evaluation period.

If you originally applied for VA health care prior to Jan. 1, 2009 you should visit the VA Health Care Calculator to determine if you are eligible under the new Priority Group 8 guidelines.

Complete and submit VA Form 10-10EZR, Health Benefits Renewal form to have your eligibility for health care enrollment reassessed against the new "Enrollment threshold."

If you need assistance contact VA's Health Resource Center at 1-877-222 VETS (8387); or visit the VA health eligibility website at www.va.gov/healtheligibility/.