WELCOMETo the

Department of Illinois

Veterans of Foreign Wars

2009 Service Officer’s Seminar

Service Officer’s SeminarService Officer’s SeminarAgenda

Duties & Responsibilities of Post Service OfficerPrinciples of VA BenefitsPrinciples of Service Connected BenefitsPrinciples of Non Service Connected BenefitsMedical BenefitsDeath Benefits

Duties & Responsibilities of Post Service Officer

Confidentiality

Recognition

Referral

Department Service Officer

County Veterans Assistance Commission

Illinois Department of Veterans Affairs

Principles of VA Benefits (SC vs NSC)

Veteran Disability Compensation / Pension

Survivor (DIC / Death Pension / other)

Veteran Medical Benefits (Categories)

Death BenefitsEducation (GI Bill / Voc Rehab)

Insurance (Conversion / RH)Loan Guarantee

Principles of Service Connected Benefits

Methods of Service Connection

Direct PresumptionSecondaryAggravation

Other

Pre-existing condition

Non SC condition

Result of VA Treatment Result of Voc Rehab

Direct Service Connection

38 CFR 3.304(b)

Presumption of soundness

EXAMPLE

Flat feet

Knee Condition

Hypertension

Direct Service Connection

38 CFR 3.303(a) The facts establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces. Each disabling condition shown by a veteran’s service records or for which seeks service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, official history of each unit in which he served, his medical records, and all pertinent medical and lay evidence.

Direct Service Connection

EXAMPLE

Combat Wound

Injury - Ortho

Disease – Psoriasis

Direct Service Connection

38CFR 3.303(b)

Chronicity and Continuity

EXAMPLE

Bronchitis

Hypertension

Direct Service Connection

38 CFR 3.304(d)

Combat: acceptance of lay evidence

EXAMPLE

Shell Fragment Wound

Residual of Concussion - Tinnitus

Direct Service Connection

Former Prisoner of War

38CFR 3.304 (e)

Circumstances of the veteran’s confinement together with medical principles will be used in determining whether disability manifest subsequent to service is etiologically related to POW experience.

Direct Service Connection

Post Traumatic Disorder (PTSD)

38CFR 3.304 (f) (three legs)

1. Verification of in-service Stressor

2. Diagnosis by Competent Medical Authority

3. Medical evidence of a link between symptoms and verified stressor

Presumptive Service Connection

Chronic Disease

38CFR 3.307 (a), 3.309, 3.311, 3.317, 3.318

Tropical Disease

Former Prisoner of War

Herbicide Exposure

Radiation Exposure

Persian Gulf War – Undiagnosed illness

ALS

Presumptive Service Connection

38CFR 3.307 (a)(3), (c)

Chronic Disease

38CFR 3.309 (a)

EXAMPLE

Tumors, malignant

Hypertension

Organic diseases of nervous system

Psychoses

Presumptive Service Connection

Tropical Disease

38CFR 3.307 (a)(4)

38CFR 3.309 (b)

EXAMPLE

Malaria

Leishmaniasis

Resultant Disorders

Presumptive Service Connection

Former Prisoner of War

38CFR 3.307 (a)(5)

38CFR 3.309 (c)

EXAMPLE

Psychosis or Anxiety State

AHD, HHD, MI, CHF, CVA

Post-traumatic osteoarthritis

Presumptive Service Connection

Herbicide Exposure

38CFR 3.309 (e)

Service in Vietnam or other specific locations or proof of exposure

Type II DiabetesNHLCLLProstrate Cancer

Respiratory Cancer

Presumptive Service Connection

Radiation Exposure

38CFR 3.309 (d), 3.311

Verified participation in an event or verification of exposure (occupational)

Leukemia (other than CLL)

Lymphomas (other than Hodgkin’s)

Multiple Myeloma

List of Cancers

Presumptive Service Connection

Persian Gulf War – Undiagnosed illness

38CFR 3.317

Signs or symptoms which may be manifestations of undiagnosed illness or medically unexplained chronic multi-symptom illness during the Persian Gulf War or to a degree of 10% or more not later than December 31, 2011.

Presumptive Service Connection

ALS

38CFR 3.318

Service connection at any time after service.

Secondary Service Connection

38CFR 3.310 (a), (c)

Disability which is proximately due to or the result of a service connected disease or injury shall be service connected.

Ortho conditions or other conditions deemed the consequence of treatment for a service connected disability.

Cardiovascular disease in a veteran with a AK amputation or with bilateral BK amputations.

Service Connection by Aggravation

Pre-existing Condition

38CFR 3.306(a)

A preexisting injury or disease will be considered to have been aggravated by active service where there is an increase in disability during such service unless there is a specific finding that the increase in disability is due to the natural progress of the disease.

Service Connection by Aggravation

Non SC condition

38CFR 3.306, 3.310 (b), 3.222

Any increase in severity of a non service connected disease or injury that is proximately due to or the result of a service connected disease or injury and not due to natural progress will be service connected.

Service Connection – Other Methods

Result of VA Medical Treatment

Result of VA Voc Rehab

38CFR 3.358, 3.800

Disability caused by hospital care or medical / surgical treatment.

Disability caused by carelessness, negligence, lack of proper skill, error in judgment.

Event not foreseeable.

Evaluations - Ratings

38CFR 4.1

The rating schedule is a guide in the evaluation of disability resulting from disease or injury as a result of military service. The percentage ratings represent the average impairment in earning capacity in civil occupations.

Combined Ratings

38CFR 4.25 – whole man concept

Below knee amputation 40%PTSD 30%Bilateral hearing loss 20%Tinnitus 10%Headaches 10%Hypertension 10%Disc syndrome 10%SFW, forearm 10%

Total disability 80%

Whole Man 100%

100-40= 60 30% of 60 = 18 18+40=58

100-58 = 42 20% of 42 = 8 58+8=66

100-66 = 34 10% of 34 = 3 66+3=69

100-69 = 31 10% of 31 = 3 69+3=72

100-72 = 28 10% of 28 = 3 72+3=75

100-75 = 25 10% of 25 = 3 75+3=78

100-78 = 22 10% of 22 = 2 78+2=80

Individual Unemployability

38CFR 4.16

Total disability rating may be assigned when there is a single disability rated 60% or more or a combined rating of 70% with a major 40% disability.

Compensation will be paid as if the veteran was rated 100% disabled if it is shown that the service connected disabilities prevent substantially gainful employment.

Compensation Rates

10% $12320% $24330% $376 $42140% $541 $60150% $770 $84560% $974 $1,06470% $1,228 $1,33380% $1,427 $1,54790% $1,604 $1,739100% $2,673 $2,823

Special Monthly Compensation - SMC

Dependants

Spouse

Child (minor, disabled, school)

Natural Child

Step Child

Illegitimate Child

Adopted Child

Parent - Dependant

Dependency & Indemnity Compensation - DIC

38CFR 3.5, 3.312

Cause of Death

Direct

Presumptive

Contributory

Dependency & Indemnity Compensation - DIC

38CFR 3.22Veteran rated totally disabled continuously for 10 years preceding death

Veteran rated totally disabled continuously since the veteran’s release from active duty and for at least 5 years preceding death

Veteran was a former POW rated totally disabled continuously for not less than one year preceding death

Dependency & Indemnity Compensation - DIC

Rates when veteran died after Jan 1, 1993

Spouse $1,154

Each Child $ 286

If Housebound $ 135

Need Aid & Attendance $ 286

If Veteran was rated totally disabled for 8 years preceding death $ 233

THANK YOU!