2013 specialty court conference

U.S. Department of Veterans Affairs

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2013 Specialty

CourtConference

VA Regional OfficeMuskogee, OK

U.S. Department of Veterans Affairs

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Content

• Compensation• Pension• Education• Oklahoma State Benefits• Death Benefits

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Compensation

A service-connected disability is a disease or injury incurred or aggravated while on active duty. The disability does not have to be combat or wartime related.

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Compensation• Tax free benefit• Disabilities are rated from 0% to 100%• VA rating is independent of any military

rating• Priority medical care at VA Medical

Centers for service connected disabilities• Additional allowances for dependants when

rating is 30% or higher

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Compensation How to Apply

• Complete VA Form 21-526– Part I through VI, & Part XII

• Send certified copy of all DD-214s• Send supporting medical evidence or

submit VA Form 21-4142, Authorization to Release Information to the VA

• VA will obtain a copy of your service treatment records

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Compensation How to Apply

• eBenefits – Use the VONAPP feature• VA Regional Office – Muskogee, OK• VA Outbase Office – Oklahoma City• Veterans Service Officer – DAV, VFW,

NABVETS, American Legion, etc.

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Reopening Your Claim• Request an increase on a service-

connected disability• Add new disability• Add a disability secondary to an

existing service connected disability• Reopen of previously denied disability

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Reopening Your Claim• VA Form 21-526b

– Veteran’s Supplemental Claim• Send supporting medical evidence or

submit VA Form 21-4142, Authorization to Release Information to the VA

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Pension• Non-Service Connected Disability• At least 90 days of active military

service (generally, 24 months for enlistments after September 7, 1980)

• At least one day of wartime service• Totally & permanently disabled, or

attained age 65

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Pension• Eligibility subject to combine family

income and net worth limitations• If there is countable family income, the

monthly rate is reduced, dollar-for-dollar, by the amount of the countable family income

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PensionHow to Apply

• Complete VA Form 21-526– Part I, III, V through XII

• Send certified copy of all DD-214s

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Compensation & PensionTime Limit

• No time limit to apply for Compensation or Pension

• For Compensation, benefits will be paid retroactive to the date of separation if VA receives the application within one year of separation. Otherwise, benefits are effective no earlier than the date VA receives the application

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Education

Montgomery GI Bill – Ch. 30Post 9/11 GI Bill – Ch. 33

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MGIB – Chapter 30• Up to 36 months of benefits• Benefit must be used within 10 years of

release from active duty• Fulltime Benefit $1,546.00 a month• School & training course must be VA

approved programs

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Post 9/11 – Chapter 33Individuals who served on active duty after

09/10/01 will be eligible for the Post-9/11 GI Bill if the individual—

Served at least 30 continuous days and as discharged due to a service-connected disability, or

Served for an aggregate period ranging from 90 days to 36 months.

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Post 9/11 – Chapter 33• Individuals will generally receive 36 months of

benefits. However, individuals are limited to 48 months of combine benefits under education assistance programs provided by VA. Note: Individuals transferring to the Post 9/11 GI Bill from the Montgomery GI Bill (Ch. 30) will be limited to the amount of remaining Ch. 30 entitlement.

• In general, individuals have 15 years from the date of last discharge from active duty.

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Post 9/11 – Chapter 33• Individuals are entitle to a percentage of the

following:– Cost of tuition and fees, not to exceed the most

expensive in-state undergraduate tuition at a public institution of higher learning

– Monthly Housing Allowance equal to the basic allowance for housing for an E-5 with dependents

– Yearly books and supplies stipend of up to $1000 per year paid directly to veteran

– One-time payment of $500 paid to certain individuals relocating from highly rural areas.

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Post 9/11 – Chapter 33• Monthly Housing Allowance prorated

based on the percentage of the maximum benefit payable

• Must be attending school ¾ time or full time to receive Monthly Housing Allowance

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Veterans Retraining Assistance Program – VRAP

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Oklahoma State Benefit

• Reduced Auto Tags for legal residents with service connected disabilities rated 50% or more– No Future Exam – 2 cars tags per year– Future Exam – 1 car tag per year

• Free Hunting & Fishing Licenses for legal residents with 60% or more service connected disability

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Oklahoma State Benefit100% Permanent & Total

• Sales Tax exemption• Ad Valorem Tax exemption (Property tax)• Excise Tax exemption (one vehicle in a

consecutive 3 year period)• Surviving Spouse receiving DIC is eligible

for Ad Valorem Tax exemption

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Death Benefit

• Burial Flag & Headstone/Flat Marker• Burial in National Cemetery• Burial/Plot Allowance

– Service connected death $2,000– Not a service connected death and veteran was

entitled to receive pension or compensation or the death occurs in a VA facility - $300 Burial Allowance and $300 Plot Allowance

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Questions?