Dear Sgt. Shaft
I appreciated the advice you recently provided to a veteran's spouse
on making a claim for Dependency Indemnification Compensation (DIC) as
the result of the veterans death being related to a service-connected
disability. It was good advice and directed to the point of DIC benefit
if the death was the result of a service-connected disability. Not every
death may be directly attributable to the veteran's service-connected
disability and claims are reviewed to determine eligibility for the DIC
benefit.
There are other programs, such as Death Pension Benefits for
Widows/Widowers and Dependent Children, that are needs-based benefits
paid to a surviving spouse who has not remarried or an unmarried child
of a deceased wartime veteran. Also, and of special significance for
qualifying beneficiaries, are aid and attendance and housebound benefits
available in addition to the monthly VA pension. Though these programs
are needs-based, there are exclusions to income or deductions that may
be made to reduce countable income. Information on these programs is
available on the Internet at www.vba.va.gov/bln/21/pension/index.htm.
These programs often are not known or the criteria of "needs based and
exclusions/deductions" are not understood by potential
beneficiaries.
The Non Commissioned Officers Association recommends that individuals
seek pension benefit information and claim-filing assistance from state
or county benefit counselors (locate state contacts through
www.nasdva.net), local representatives of national veterans service
organizations, or by calling Veterans Affairs toll-free at
800/827-1000.
Richard C. Schneider
Executive director for government affairs
Non Commissioned Officers Association
Dear Dick
Thanks for helping me keep my readership well informed.
Dear Sgt Shaft
The Department of Labor recently launched Disability.gov, a
redesigned federal government Web site that connects the more than 50
million Americans with disabilities - their families, employers,
work-force and human-resource professionals, veterans, educators,
caregivers and many others - to thousands of trusted resources on
disability-related issues, programs and services.
Formerly DisabilityInfo.gov, the site has been completely redesigned
and updated with new social media tools, including a blog and a Twitter
feed, to encourage feedback and interaction among visitors.
We ask that you please let your constituents know about
Disability.gov. You can do this by linking to Disability.gov; sending an
e-mail to your networks; placing a news item about the site on your Web
site, blog or Twitter feed; or in the next issue of your newsletter.
If you are currently linking to www.disabilityinfo.gov from your Web
site, please take a moment to update the link to www.disability.gov.
Thank you for your support and helping us spread the word about this
valuable Web site.
Kathleen Brannigan
Disability.gov
Shaft notes
Rep. John Hall, New York Democrat, recently applauded the
announcement by Secretary of Veterans Affairs Eric Shinseki that the
Department of Veterans Affairs (VA) is proposing a new rule to make it
easier for veterans suffering from post-traumatic stress disorder (PTSD)
to receive the benefits they have earned. This new rule is another step
toward full adoption of Mr. Hall's COMBAT PTSD Act (H.R. 952, Compensation Owed for Mental Health
Based on Activities in Theater Post-traumatic Stress Disorder Act),
legislation Mr. Hall wrote and that passed through the full House
Veterans' Affairs Committee, to remove evidentiary hurdles currently
faced by veterans seeking service connection for PTSD.
"I am optimistic that this new rule is going to be a giant step
forward in getting veterans the benefits they have earned faster and
easier," Mr. Hall said. "This rule should make major progress in
clearing the VA's claims backlog. I will work with the VA and veterans
during the comment period to ensure that the rule in application is as
comprehensive and inclusive as my COMBAT PTSD Act."
Mr. Hall serves as chairman of the House Veterans' Affairs
subcommittee on disability assistance and memorial affairs, which has
jurisdiction over the VA's compensation system. Mr. Hall has been
working for two years to change regulations at the VA that he says make
it far too difficult for veterans seeking disability benefits.
"Veterans currently face an adversarial process when they seek
treatment and compensation from the VA," Mr. Hall said. "Our servicemen
and women have been forced to 'prove' a specific stressor that triggered
their PTSD, even if they have already been diagnosed. They need to track
down incident reports [and] buddy statements, present medals, and leap
other hurdles to meet the threshold that VA mandates in order to receive
desperately needed compensation. Just as our military adapts and reforms
its strategies in every war it fights, the VA is now adapting to assist
the surviving heroes of those wars."
Mr. Hall's COMBAT PTSD Act would expand the definition of "combat
with the enemy" in Title 38, USC to include active service in a theater
of combat. Existing rules state that women are not allowed to serve in
combat roles, so women often have a more difficult burden of proof when
seeking service-connected benefits for PTSD. The COMBAT PTSD Act
essentially would establish service in combat as the presumptive
stressor for the occurrence of PTSD. The veteran still would need to be
diagnosed clinically with PTSD; however, he or she would no longer need
to "prove" the events that caused this diagnosis.
Under the new rule, VA would not require corroboration of a stressor
related to fear of hostile military or terrorist activity if a VA
psychiatrist or psychologist confirmed that the stressful experience
recalled by a veteran adequately supports a diagnosis of PTSD and the
veteran's symptoms are related to the claimed stressor.
Previously, claims adjudicators were required to corroborate that a
noncombat veteran actually experienced a stressor related to hostile
military activity. This rule would simplify the documentation required
for these cases.
The COMBAT PTSD Act, written by Rep. John Hall, New York Democrat,
would expand the definition of "combat with the enemy" to include active
service in a theater of combat.
Send letters to Sgt. Shaft, c/o John Fales, P.O. Box 65900,
Washington, DC 20035-5900; fax 301/622-3330, call 202/257-5446 or e-mail
sgtshaft@bavf.org
