How Veterans Can Establish Service Connection for the VA Disability Condition Claims

When applying for service-connected compensation, you must provide a nexus between your military service and your current, diagnosed condition. There are several ways to establish service connection for your condition. In some cases, the U.S. Department of Veterans Affairs (VA) presumes service connection for veterans who develop specific medical conditions during active duty service.

TYPES OF SERVICE CONNECTION

Service connection can be established in one of the following ways:

  • Direct service connection
  • Presumptive service connection
  • Aggravation
  • Secondary service connection
  • 1151 service connection

DIRECT SERVICE CONNECTION

Direct service connection involves a connection between a veteran’s military service and a veteran’s current, diagnosed condition.

To establish direct service connection, we can draw upon medical records, military service history, physicians’ statements, and opinions from experts.

PRESUMPTIVE SERVICE CONNECTION

The VA presumes certain conditions to be service-connected if a veteran meets certain criteria.

Presumptive service connection includes exposure to herbicide agents. This presumption applies to veterans who were exposed to herbicides during their time in service, such as those stationed in Vietnam, and have a certain medical condition as a result.

A veterans disability lawyer from Chisholm Chisholm & Kilpatrick LTD will review your service and medical records to determine if you are entitled to presumptive service connection.

AGGRAVATION

You can also establish service connection if your military service aggravated a preexisting condition.

For example, you may have injured your knee prior to service, but certain training exercises worsened the condition. You may be entitled to service connection based on aggravation if you can prove that your military service caused your knee condition to get worse. Additionally, if you have a service-connected back condition that aggravates a non-service-connected neck condition, you may be able to get service connection for your neck based on aggravation.

SECONDARY SERVICE CONNECTION

Secondary service connection can be established when a veteran’s condition is the result of another service-connected condition.

For example, a veteran might develop peripheral neuropathy as a result of their service-connected Type II diabetes. Then, peripheral neuropathy would warrant secondary service connection.

1151 SERVICE CONNECTION

If you received treatment for a medical condition in a VA hospital, and your treatment led you to develop a disabling medical condition, you may be entitled to service connection by filing an “1151 claim”.

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

For Cases & Decisions that Could Save Your VA Service-Connected Claims! Visit: VAClaims.org ~ A Non-Profit Non Governmental Agency

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What Veterans Should Know About the Difference Between the Higher-Level Review Lane and the Supplemental Claim Lane

The difference between the Higher-Level Review lane and the Supplemental Claim lane is who reviews your appeal and whether you can submit new evidence.

THE HIGHER-LEVEL REVIEW LANE

In RAMP’s (the Rapid Appeals Modernization Program) Higher-Level Review Lane, you send your appeal for review by a more senior VA official than the person who initially reviewed your claim. The senior reviewer can overturn a decision, return a decision for a correction, or confirm the previous decision. This review is done based on the evidence of record.

THE SUPPLEMENTAL CLAIM LANE

In the Supplemental Claim lane, a rating specialist will review your appeal and any additional evidence you submit and determine whether to grant or deny your claim. Veterans who choose this lane will be able to include additional information with their appeal.

In this lane, VA has a “duty to assist” veterans in obtaining the evidence they need to support their claim.

ARE THERE ANY OTHER OPTIONS IN RAMP?

Not at this time. Once the new Appeals Reform system is fully implemented, there will be a third appeal lane- the Notice of Disagreement Lane (Board Lane).  This lane allows you to appeal your case directly to the Board. However, this lane is not available to RAMP participants until October 2018 at the earliest.

CAN I CHANGE LANES IF I CHOOSE THE WRONG ONE?

Yes, but not immediately. If you file your appeal in one lane but realize you chose the incorrect one, you must wait until you receive a decision in that lane before you can opt in to a different lane. For example, say you chose the Higher-Level Review lane but realize that the issue stemmed from a lack of evidence establishing service connection. You would need to wait until a decision is made on your appeal in the Higher-Level Review Lane before moving your appeal to the Supplemental Claim lane.

AM I ELIGIBLE TO JOIN RAMP?

When VA first rolled out RAMP at the end of 2017, it limited access to the program by only inviting a set number of veterans to participate in the program each month. Those who wanted to switch from the “Legacy” (current) system to RAMP had to wait to receive a letter inviting them to participate.

However, due to a low number of veterans actually opting in to the program, in April 2018, VA opened RAMP to all veterans with pending appeals (i.e., you submitted a VA Form 9, you filed a Notice of Disagreement, the Board remanded your appeal, or the Board certified your appeal but it has not yet been activated for a decision). That means you can join even if you did not receive a letter inviting you to opt in.

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

For Cases & Decisions that Could Save Your VA Service-Connected Claims! Visit: VAClaims.org ~ A Non-Profit Non Governmental Agency

What Disabled Veterans Should Know About 30% PTSD RATING

Post-traumatic stress disorder (PTSD) is a mental health condition that can occur in people who have experienced or witnessed a distressing, shocking, or otherwise traumatic event. Unfortunately, many veterans experience PTSD stemming from their military service. The symptoms of PTSD can often be very debilitating and have a negative impact on an individual’s daily life.

HOW DOES VA RATE PTSD?

Once you are service-connected for PTSD, VA will assign a disability rating. In doing so, VA will consider the frequency, duration, and severity of your symptoms along with the resulting level of social and occupational impairment. In other words, your disability rating reflects how you are affected in both your personal life and your work life. Generally, the more severe your symptoms are, the higher your disability rating will be. To determine your disability rating for PTSD, VA uses the General Rating Formula for Mental Disorders. This rating scale ranges from 0 percent to 100 percent with in-between ratings of 10, 30, 50, and 70 percent.

HOW DO I RECEIVE A 30% RATING?

Each rating under the General Rating Formula for Mental Disorders has specific criteria that a veteran must meet in order to receive that evaluation. Here, the criteria are based on a number of symptoms as well as the varying severity of those symptoms. The criterion for a 30% PTSD rating under 38 C.F.R. 4.130, Diagnostic Code 9411, is as follows:

  • 30% – “Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events)”.

WHAT DOES THE 30% RATING CRITERIA MEAN?

The criteria for a 30% PTSD rating outlined above are meant to represent mild PTSD symptomology. In this case, “occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks” might mean that you are starting to periodically miss work due to your lack of motivation associated with PTSD. However, your PTSD does not fully prevent you from performing and succeeding in a work environment. Furthermore, you may experience symptoms such as depressed mood, anxiety, and panic attacks. This may cause you to occasionally isolate yourself. Nonetheless, you are still able to maintain your relationships with others. Overall, a 30% PTSD rating is assigned when a veteran demonstrates these symptoms presented in a mild manner, intermittently over time. However, it is important to note that a veteran does not need to endorse all of these symptoms to qualify for this rating. Even if a veteran only has a few of the specific PTSD symptoms listed, he or she can still receive a 30% rating.

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

For Cases & Decisions that Could Save Your VA Service-Connected Claims! Visit: VAClaims.org ~ A Non-Profit Non Governmental Agency

What Veterans Must Know About VA Life Insurance Programs

Over the years the VA has offered a number of different life insurance plans.  Some of these plans are still open for enrollment while others are closed to new enrollees.

For details of the VA Life Insurance Program refer to VetsFirst Knowledge Book VA Life Insurance,.

As a general rule if you have questions regarding VA life insurance you should visit the VA’s insurance website at www.insurance.va.gov or call VA’s Insurance Center toll-free at 1-800-669-8477.  Specialists are usually available between the hours of 8:30 a.m. and 6 p.m., Eastern Time, to discuss premium payments, insurance dividends, address changes, policy loans, naming beneficiaries and reporting the death of the insured.

When contacting the VA regarding an insurance matter if the insurance policy number is not known, use whatever information is available, such as the veteran’s VA file number, date of birth, Social Security number, military serial number or military service branch and dates of service to:

Department of Veterans Affairs Regional Office and Insurance Center

Box 42954

Philadelphia, PA 19101

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

For Cases & Decisions that Could Save Your VA Service-Connected Claims! Visit: VAClaims.org ~ A Non-Profit Non Governmental Agency

Specially Adapted Housing and Special Home Adaptation Grants: Special VA Benefits for the Disabled Service Connected Vets

The VA offers 4 different grants for qualifying Veterans and Servicemembers to assist them with the building, remodeling, or purchasing an adapted home.   The four grants are:

  1. Specially adapted housing (SAH) grants, 
  2. Special housing adaptation (SHA) grants,
  3. Temporary Residence Adaptation (TRA) grants, and
  4. Home Improvements and Structural Alterations (HISA) grants.

1. Specially adapted housing (SAH) grants help veterans with certain service-connected disabilities live independently in a barrier-free environment.  SAH grants can be used to:

  • Construct a specially adapted home on land to be acquired
  • Build a home on land already owned if it is suitable for specially adapted housing
  • Remodel an existing home if it can be made suitable for specially adapted housing
  • Apply the grant against the unpaid principal mortgage balance of an adapted home already acquired without the assistance of a VA grant.

A SAH grant, which allows up to $81,080 (2018), can be used a maximum of three times up to the allowable dollar amount.  Veterans with certain permanent service-connected conditions qualify for an SAH grant if their service-connected conditions:

  • Are permanently and totally disabling,
  • Preclude locomotion without the aid of braces, canes, or a wheelchair due to the loss, or loss of use of
    • both lower extremities,
    • one lower extremity together with residuals of organic disease or injury, which so affects the functions of balance or propulsion, or
    • one lower extremity, together with one upper extremity, which so affects the functions of balance or propulsion
  • Result in the loss, or loss of use, of both upper extremities at or above the elbow, or
  • Cause blindness in both eyes, having light perception only, combined with the loss or loss of use of one lower extremity.
  • Include certain severe burn injuries

Veterans who served on or after September 11, 2001, and become permanently disabled on or after that date may also be eligible for SAH benefits if they have the loss or loss of use of one or more lower extremities which so affects the functions of balance or propulsion as to preclude ambulating without the aid of braces, crutches, canes, or a wheelchair.

To apply for a SAH grant, fill out and submit VA Form 26-4555 Application in Acquiring Specially Adapted Housing or Special Home Adaptation Grant.

2. Special housing adaptation (SHA) grants help veterans with certain service-connected disabilities adapt or purchase a home to accommodate their disability.  SHA grants can be used in the following ways:

  • Adapt an existing home the veteran or a family member already owns in which the veteran resides
  • Adapt a home the veteran or family member intends to purchase in which the veteran will live
  • Help a veteran purchase a home already adapted in which the veteran will live

SHA provides for a grant amount up to $116,217 (2018).  A SHA grant may also be used a maximum of up to three times until the maximum grant amount has been utilized.  A SHA grant will be awarded where the veteran has a service-connected disability for one of the following:

  • Blindness in both eyes with 5/200 visual acuity or less
  • Anatomical loss or loss of use of both hands
  • Certain severe burn injuries
  • Certain severe respiratory injuries

To apply for a SHA grant, fill out and submit VA Form 26-4555 Application in Acquiring Specially Adapted Housing or Special Home Adaptation Grant.

3. Temporary Residence Adaptation grants

May be available to SAH/SHA eligible veterans and Servicemembers who are or will be temporarily residing in a home owned by a family member.  This assistance, up to $35,593 (2018) for veterans eligible for a SAH grant or $6,355 (2018) for veterans eligible for the SHA grant, may be used to adapt the family member’s home to meet the veteran’s or Servicemember’s special needs at that time.

4. Home Improvements and Structural Alterations (HISA) grants

The VA Home Improvement and Structural Alteration (HISA) grant program helps veterans who are enrolled in the VA health care system and requires home improvements for the continuation of medical treatment or for basic access to the home and essential bathroom and sanitary facilities for veterans with certain disabilities.  Unlike most other benefits shown on this page, HISA grants are available for both service-connected and nonservice-connected veterans (with different maximum amounts).

  • Veterans with service-connected disabilities the home improvement benefit is $6,800 (2018)
  • Veterans with non-service-connected disabilities the home home improvement benefit is $2,000 (2018)

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

For Cases & Decisions that Could Save Your VA Service-Connected Claims! Visit: VAClaims.org ~ A Non-Profit Non Governmental Agency

Clothing Allowance: Special VA Benefits for the Disabled Service Connected Vets

Clothing allowance is an annual lump-sum payment made when a Veteran’s service-connected disability causes the use of certain prosthetic or orthopedic appliances (including a wheelchair) that tend to wear or tear clothing, or when the Veteran’s service-connected skin condition requires the use of medication that stains the clothing. Eligible Veterans can receive a one-time or yearly allowance for reimbursement.

You may receive a clothing allowance as a Veteran who uses either of the following:

  • Prosthetic or orthopedic appliance, such as a wheelchair or crutches, because of a service-connected disability (Note: soft and flexible devices, such as an elastic stocking, are not included)
  • Medication prescribed by a physician for a service-connected skin condition that causes permanent stains or otherwise damages outer garments

Additional clothing allowances may be provided if more than one prosthetic or orthopedic appliance, or medication described above, is used and/or affects more than one type of clothing garment.

Note: An ancillary benefit is an additional benefit that is related to, or derived from entitlement to certain service-connected benefits.

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

For Cases & Decisions that Could Save Your VA Service-Connected Claims! Visit: VAClaims.org ~ A Non-Profit Non Governmental Agency

What is Special VA Benefits for the Disabled Service Connected Vets: Automobiles, Conveyances, and Adaptive Equipment

Special VA Benefits for the Disabled Service Connected Vets: Automobiles, Conveyances, and Adaptive Equipment

Automobile Allowance

Servicemembers and Veterans may be eligible for a one-time payment of not more than $21,058.69 (10/1/2018) toward the purchase of an automobile or other conveyance if you have certain service-connected disabilities. The grant is paid directly to the seller of the automobile and the Servicemember or Veteran may only receive the automobile grant once in his/her lifetime.

Certain Servicemembers and Veterans may also be eligible for adaptive equipment. Adaptive equipment includes, but is not limited to, power steering, power brakes, power windows, power seats, and special equipment necessary to assist the eligible person into and out of the vehicle.

VA may provide financial assistance in purchasing adaptive equipment more than once. This benefit is payable to either the seller or the Veteran or Servicemember.

Important: You must have prior VA approval before purchasing an automobile or adaptive equipment.

Eligibility Requirements (Automobile Grant)

  • You must be either a Servicemember who is still on active duty or a Veteran, AND
  • You must have one of the following disabilities that are either rated as service-connected or treated as if service-connected under 38 U.S.C 1151 or, for a Servicemember, the result of disease incurred or injury contracted in or aggravated by active duty:
    • Loss, or permanent loss of use, of one or both feet, OR
    • Loss, or permanent loss of use, of one or both hands, OR
    • Permanent impairment of vision in both eyes to a certain degree, OR
    • Severe burn injury, OR
    • Amyotrophic Lateral Sclerosis (ALS).

Evidence Requirements (Automobile Grant)

To support a claim for automobile allowance, the evidence must show that you are service-connected or are treated as if service-connected under 38 U.S.C 1151 or, for a Servicemember, the result of disease incurred or injury contracted in or aggravated by active duty, for a disability resulting in:

  • The loss, or permanent loss of use, of one or both feet, OR
  • The loss, or permanent loss of use, of one or both hands,OR
  • Permanent impairment of vision in both eyes, resulting in
    1. Central Visual acuity of 20/200 or less in the better eye with glasses, OR
    2. Central Visual acuity that is greater than 20/200, if there is a visual field defect in which your peripheral field has contracted to such an extent that the widest diameter of visual fields subtends an angular distance no greater than 20 degrees in the better eye, OR
  • Severe burn injury: Deep partial thickness or full thickness burns resulting in scar formation that cause contractures and limit motion of one or more extremities or the trunk and preclude the effective operation of an automobile, OR
  • Amyotrophic Lateral Sclerosis (ALS).

To support a claim for adaptive equipment, the evidence must show that you have a disability as shown above, OR you have ankylosis of at least one knee or one hip due to service-connected disability.

How to Apply (Automobile Grant)

  • Complete, VA Form 21-4502, “Application for Automobile or Other Conveyance and Adaptive Equipment” and mail to your regional office OR
  • Work with an accredited representative or agent OR
  • Go to a VA regional office and have a VA employee assist you. You can find your regional office on our Facility Locator page
  • If you are entitled to adaptive equipment only (i.e., service connected for ankylosis of knees or hips) you should complete VA Form 10-1394, “Application for Adaptive Equipment – Motor Vehicle” and submit it to your local VA medical center. You can find your local VA medical center on the health Facility Locator page.

Conveyances

You may purchase a new or used automobile, truck, station wagon, or certain other types of conveyance if approved by VA.

Adaptive Equipment

A veteran or servicemember who qualifies for the vehicle allowance also qualifies for adaptive equipment unless he or she is blind, requires a driver, or doesn’t have a valid State driver’s license or learner’s permit. See the attached list for more information about adaptive equipment. Important: VA will not pay for the purchase of add-on adaptive equipment (equipment furnished by someone other than the automobile manufacturer) that is not approved by VA. Contact the nearest VA health care facility for more information on add-on equipment. The adaptive equipment benefit may be paid more than once, and it may be paid to either the seller or the veteran or servicemember.

Special drivers training for disabled veterans should contact the nearest VA health care facility to request this training.

To Apply use VA form 21-4502, http://www.vba.va.gov/pubs/forms/VBA-21-4502-ARE.pdf.  There is no time limit for filing a claim; however, the claim must be authorized by VA before you purchase the automobile or conveyance.

Special Instructions to Veteran or Servicemember,

1. Complete all items of Section I in duplicate and submit both copies to VA. If you have previously applied for disability compensation, send the form to the VA regional office where your claims folder is located. If you have not applied for disability compensation or have not separated from military service, send the form to the nearest VA regional office.

2. VA will determine your eligibility and, if eligibility exists, VA will complete Section II and return the form to you.

3. Purchase a vehicle. When you receive the vehicle and the adaptive equipment from the seller, complete Section III.

4. Give the original VA Form 21-4502 to the seller.

5. Submit any invoices for adaptive equipment and/or installation not included on the seller’s invoice to the nearest VA health care facility. These invoices, identified with your full name and VA file number, must show the itemized net cost of any adaptive equipment and installation charges, any unpaid balance, and the make, year and model of the vehicle to which the equipment is added.

Special Instructions to Seller:

1. Make sure that Section II of VA Form 21-4502 is completed and signed by VA.

2. Deliver the vehicle, including VA-approved adaptive equipment provided and/or installed by the seller.

3. Obtain the original copy of VA Form 21-4502 from the veteran or servicemember after he or she has completed Section III.

4. Submit the original copy of VA Form 21-4502 and itemized invoice to the VA regional office shown in Section II, Attention: Financial Division, for payment.

The itemized invoice must include the following:

  • The net cost of any approved adaptive equipment and installation charges. If certain items of approved adaptive equipment (automatic transmission, power seats,     etc.) are included in the purchase price, also submit a copy of the window sticker.
  • A list of which adaptive equipment is standard on the vehicle or combined with other items.
  • The unpaid balance due on the vehicle which is to be paid by VA.
  • A certification that the amounts billed do not exceed the usual and customary cost for the purchase and installation of the adaptive equipment.

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

For Cases & Decisions that Could Save Your VA Service-Connected Claims! Visit: VAClaims.org ~ A Non-Profit Non Governmental Agency

What is the Eligibility Verification Report for Non-Service Connected Pension

Pension recipients are required to file annual reports detailing their income status. The reports are called Eligibility Verification Reports (EVRs).

If the VA has requested an “EVR report” it must be completed, returned, and received by the VA within 60 days. Failure to return the EVR within the 60 days will result in the VA will suspending the pension benefit and denying the claim for the upcoming year.

It is important not to leave any blanks on the report. Instead of leaving a blank, enter either zero “0” or, the word “none” or, “N/A” on all answers that do not apply. If you leave a blank on the EVR report the VA will reject the report and suspend all benefits.

Another issue with the “EVR report” is with Social Security benefit reporting.   The SSI, (Supplemental Security Income), benefit is not considered “countable income”.   SSDI, (Social Security Disability Income), and Social Security Old Age Pension must be reported accurately to the VA. Any discrepancy in reporting SSDI or SS Old Age Pension can cause VA pension over payments and negative adjustments to the your pension benefit.

The Veteran’s EVR documented Social Security or Social Disability income amount must match the amount documented by Social Security. It is easy for Veterans to have a reporting error. Veterans mistakenly report the actual amount of their Social Security check instead of reporting their full Social Security benefit which includes the Medicare monthly deductibles for Part B Premium at $104.90 and other premiums, if the Veteran selected Premiums for Parts C and D.   Premium amounts for Part C and D vary by the plan. To avoid reporting errors, the Veteran and Spouse should refer to their annual report from the Social Security Administration and document the information correctly onto the EVR report.

If the Social Security Administration report is not available, the Veteran and/or Spouse can call and request the report from Social Security.   Social Security can be contacted at 1-800-772-1213. Social Security representatives are available between 7 a.m. and 7 p.m., Monday through Friday. If you have hearing problems you can call 1-800-325-0778, between 7 a.m. and 7 p.m., Monday through Friday.

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

For Cases & Decisions that Could Save Your VA Service-Connected Claims! Visit: VAClaims.org ~ A Non-Profit Non Governmental Agency

How VA Evaluates Income for Non-Service Connected Pension

Countable Income for Non-Service Connected Pension

To determine the income limit requirement for eligibility, the VA will require the Veteran to report all “countable income” for the Veteran’s household.

Countable income” refers to all household income:

  • the Veteran’s,
  • Veteran’s spouse (if living with the Veteran), and
  • Dependents.

The Veteran’s “countable income” must be below the maximum annual pension rate, MAPR, and the Veteran’s “net worth” must not provide adequate maintenance of the Veteran.

The need for pension is determined by “countable income” minus allowable deductions. The calculated reduced income is then subtracted from MAPR limit and the result is the annualized pension divided by 12 months.

As an example:

  • The MAPR for a Veteran who needs aid and attendance with no dependents is $21,531 income per year.
  • The Veteran’s countable income is $32,000 per year.
  • After subtracting the allowable deductions, the countable income of the Veteran is reduced to $15,000/year.
  • The MAPR of $21,531 minus $15,000 of countable income equals $6,531 per year of VA Pension.
  • The $6,531 yearly VA Pension is divided by 12 months to determine the monthly amount.
  • The Veteran receives a VA pension for $544.25 monthly for this example.

Allowable Deductions from Countable Income for VA Pension

The Veterans “countable income” is reduced by specific expenses. However, often Veterans believe that they are not eligible for pension because they make too much or are denied because they do not know the complete list of income exclusions and deductible expenses that would reduce their “countable income”.

The complete list of income exclusions is provided in 3.272 of title 38, Code of Federal Regulations. This knowledge is important because most Veterans mistakenly think that the only income deduction is unreimbursed medical expenses over 5% of the Veteran’s household income. When in fact there are many deductions and when the Veteran uses all of the deductions that apply to their situation, the outcome is greater.

Another mistake that Veterans make is reporting income that is excluded from income reporting on the pension application.       Not knowing the rules or what information to supply can cause a VA denial!

All income received from the following exclusions are not considered countable income by the VA. Veterans should make sure that when applying for pension, all deductions are applied and only income not excluded is counted. The list includes 22 income sources that are excluded from reporting and are found in Title 38 CFR 3.272:

  1. Welfare,
  2. Maintenance in an institution or facility due to age or impaired health,
  3. VA pension benefits ( Payments under Chapter 15 of Title 38 and including accrued pension benefits payable under 38 U.S.C. 5121),
  4. Reimbursement for casualty loss,
  5. Profit from the sale of property,
  6. Joint accounts,
  7. Unreimbursed medical expenses that are 5% of the MARP,
  8. Veteran’s final expenses,
  9. Educational expenses for Veteran or Spouse,
  10. Domestic Volunteer Service Act Programs,
  11. Distribution of funds under 38. U.S.C 1718,
  12. DOD survivor benefit annuity,
  13. Agent Orange settlement payments,
  14. Restitution to individuals of Japanese ancestry,
  15. Cash surrender value of life insurance,
  16. Income received by American Indian beneficiaries from trust or restricted lands,
  17. Payments from the Radiation Exposure Compensation Act,
  18. Alaska Native Claims Settlement Act,
  19. Monetary allowance under 38 U.S.C. chapter 18, Victims of Crime Act,
  20. Healthcare premiums to include Medicare, (make sure to include all insurance premiums paid for all 4 Parts of Medicare-A,B,C,D and Supplemental plans),
  21. Medicare prescription drug discount card and transitional assistance program, and
  22. Lump-sum life insurance proceeds on a veteran.

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

For Cases & Decisions that Could Save Your VA Service-Connected Claims! Visit: VAClaims.org ~ A Non-Profit Non Governmental Agency

How Military Sexual Trauma is Handled During VA Disbailities Claims

Military Sexual Trauma

Military sexual trauma, or MST, is the term used by the Department of Veterans Affairs (VA) to refer to experiences of sexual assault or repeated, threatening sexual harassment that a Veteran experienced during his or her military service.

The definition used by the VA comes from Federal law (Title 38 U.S. Code 1720D) and is “psychological trauma, which in the judgment of a VA mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the Veteran was serving on active duty, active duty for training, or inactive duty training.” Sexual harassment is further defined as “repeated, unsolicited verbal or physical contact of a sexual nature which is threatening in character.”

Fortunately, people can recover from experiences of trauma, and VA has effective services to help Veterans do this. VA is strongly committed to ensuring that Veterans have access to the help they need in order to recover from MST:

  • Every VA health care facility has a designated MST Coordinator who serves as a contact person for MST-related issues. This person can help Veterans find and access VA services and programs. He or she may also be aware of state and federal benefits and community resources that may be helpful.
  • Recognizing that many survivors of sexual trauma do not disclose their experiences unless asked directly, VA health care providers ask every Veteran whether he or she experienced MST. This is an important way of making sure Veterans know about the services available to them.
  • All treatment for physical and mental health conditions related to experiences of MST is provided free of charge. To receive free treatment for mental and physical health conditions related to MST, Veterans do not need to be service connected (or have a VA disability rating). Veterans may be able to receive this benefit even if they are not eligible for other VA care.
  • Veterans do not need to have reported the incident(s) when they happened or have other documentation that they occurred. MST-related services are available at every VA medical center and every facility has providers knowledgeable about treatment for the aftereffects of MST. MST-related counseling is also available through community-based Vet Centers.
  • Services are designed to meet Veterans where they are at in their recovery, whether that is focusing on strategies for coping with challenging emotions and memories or, for Veterans who are ready, actually talking about their MST experiences in depth.
  • Nationwide, there are programs that offer specialized sexual trauma treatment in residential or inpatient settings. These are programs for Veterans who need more intense treatment and support. To accommodate Veterans who do not feel comfortable in mixed-gender treatment settings, some facilities have separate programs for men and women. All residential and inpatient MST programs have separate sleeping areas for men and women.
  • In addition to its treatment programming, VA also provides training to staff on issues related to MST, including a mandatory training on MST for all mental health and primary care providers. VA also engages in a range of outreach activities to Veterans and conducts monitoring of MST-related screening and treatment, in order to ensure that adequate services are available.

Military Sexual Trauma Details

MST includes any sexual activity where a Service member is involved against his or her will – he or she may have been pressured into sexual activities (for example, with threats of negative consequences for refusing to be sexually cooperative or with implied better treatment in exchange for sex), may have been unable to consent to sexual activities (for example, when intoxicated), or may have been physically forced into sexual activities. Other experiences that fall into the category of MST include:

Unwanted sexual touching or grabbing

Threatening, offensive remarks about a person’s body or sexual activities

Threatening and unwelcome sexual advances

The identity or characteristics of the perpetrator, whether the Service member was on or off duty at the time, and whether he or she was on or off base at the time do not matter. If these experiences occurred while an individual was on active duty or active duty for training, they are considered by VA to be MST.

MST is an experience, not a diagnosis or a mental health condition, and as with other forms of trauma, there are a variety of reactions that Veterans can have in response to MST. The type, severity, and duration of a Veteran’s difficulties will all vary based on factors like:

Whether he/she has a prior history of trauma

The types of responses from others he/she received at the time of the MST

Whether the MST happened once or was repeated over time

Although trauma can be a life-changing event, people are often remarkably resilient after experiencing trauma. Many individuals recover without professional help; others may generally function well in their life, but continue to experience some level of difficulties or have strong reactions in certain situations. For some Veterans, the experience of MST may continue to affect their mental and physical health in significant ways, even many years later.

Strong emotions: feeling depressed; having intense, sudden emotional responses to things; feeling angry or irritable all the time

Feelings of numbness: feeling emotionally “flat”; difficulty experiencing emotions like love or happiness

Trouble sleeping: trouble falling or staying asleep; disturbing nightmares

Difficulties with attention, concentration, and memory: trouble staying focused; frequently finding their mind wandering; having a hard time remembering things

Problems with alcohol or other drugs: drinking to excess or using drugs daily; getting intoxicated or “high” to cope with memories or emotional reactions; drinking to fall asleep

Difficulty with things that remind them of their experiences of sexual trauma: feeling on edge or “jumpy” all the time; difficulty feeling safe; going out of their way to avoid reminders of their experiences

Difficulties with relationships: feeling isolated or disconnected from others; abusive relationships; trouble with employers or authority figures; difficulty trusting others

Physical health problems: sexual difficulties; chronic pain; weight or eating problems; gastrointestinal problems

Although posttraumatic stress disorder (PTSD) is commonly associated with MST, it is not the only diagnosis that can result from MST. For example, VA medical record data indicate that in addition to PTSD, the diagnoses most frequently associated with MST among users of VA health care are depression and other mood disorders, and substance use disorders.

For more information, Veterans can:

Speak with their existing VA health care provider.

Contact the MST Coordinator at their nearest VA Medical Center.

Call Safe Helpline at 1-877-995-5247 to get confidential one-on-one help. Safe Helpline provides 24 hour a day, 7 day a week sexual assault support for the Department of Defense community.

Contact their local Vet Center.

Veterans should feel free to ask to meet with a provider of a particular gender if it would make them feel more comfortable.

DOWNLOAD MST BROCHURE: military-sexual-trauma-mst-brochure-for-veterans

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