 VETERAN'S BENEFITS July
2001 By: Clark R McCray, II County Veteran Service Officer Obtaining Assistance The Highlands County Veteran's Services Office is a
County agency. The County Veteran Service Officer, Clark McCray and Assistant
County Veteran Service Officer, Denise Williams, have bi-annual mandatory
re-certification training by the Florida Department
of Veterans' Affairs (FDVA). The office was devised over 30 years ago to assist
all former, present, and future members of the Armed Forces of the United
States and their dependents in preparing claims for and securing such compensation,
hospitalization, vocational training and other benefits or privileges to which
they may be entitled under any federal or state regulation by reason of their
service in the Armed Forces of the United States. WE ARE NOT THE DEPARTMENT OF VETERANS' AFFAIR (VA) - We Represent
You! ALL SERVICES PROVIDED BY THE HIGHLANDS COUNTY
VETERAN'S SERVICES OFFICE ARE AT NO COST. To obtain assistance and
information in regard to claims and
benefits, you can contact us at: Sebring 863-402-6623, Lake Placid 863-465-2464
or Avon' Park 863-453-7538. You may also contact the VA directly at
1-800-827-1000 Definitions Veteran - "Veteran" means, a person who served in the active military, naval, or
air service and who was discharged or released
under conditions other than dishonorable. Compensation - A monthly payment made to the veteran
because of a service-connected disability or to a spouse, child, or dependent
parent of a veteran because of a service connected death occurring before
January 1, 1957, or the veteran died on or after May 1, 1957, and before
January 1, 1972. Service-Connected - With respect to disability or death,
that such disability was incurred or aggravated during service, or death
resulted from a disability incurred or aggravated in line of duty in active
military, naval or air service.
*For
Florida Benefits-ONLY: Laws of Florida amended the period of war for
Vietnam conflict back to February 28, 1961 to not require IN COUNTRY assignment
to qualify. One of
the most important responsibilities of a service officer is to ensure that the
claimant receives due process under the laws and regulations of the VA and
other Federal agencies. Once an individual selects a service organization to
represent him or her, there exists a legal obligation to ensure that all claims
and evidence are properly and timely filed with the appropriate agency. NOTE: Every claim for benefit
provided by the VA requires specific actions by the claimant, representative,
and the VA. The claimant is: responsible for "asking" for a benefit
and providing the required forms and
documents to support the benefit sought. The claimant must assume ownership of
his or her claim. The claimant must participate at all stages and provide the
assistance the representative and the VA requires. The representative is
responsible for informing the claimant what forms and documents
are required and assist in properly preparing and submitting the claim to the
VA in a timely manner. The VA is responsible for processing the claim in a
timely manner and informing the claimant and the representative of the results
of his or her request. If anyone fails to fulfill their responsibility, the
claim may die and benefits may not be received. Effective Dates In most cases, the effective date of an
evaluation and award of pension, compensation or Dependency & Indemnity
Compensation based on an original claim, a claim reopened after final disallowance, or a
claim for increase will be the date of
receipt of the claim or the date entitlement
arose, whichever is the LATER. Checklist of documents needed
to file claim 1. Other
Than Dishonorable Discharge Document (DD-214) 2. Marriage
Certificate 3. Social Security number for ALL
dependents 4. Medical Evidence of a
CURRENT condition a. Evidence must be of
an injury or incident cause/aggravated by service. 5. Linkage between the current condition
and the injury or incident
in service. 6. "Buddy" letters This evidence will further the
chances of the Service Officer submitting a well-developed claim to the VA. Improved Disability Pension Congress establishes the maximum annual improved disability pension rates. Payments are reduced by the amount of countable income of the veteran, spouse and dependent children. When a veteran without a spouse or a child is furnished nursing home or domiciliary care by VA, the pension is reduced to an amount not to exceed $90 per month after three calendar months of care. The reduction may be delayed if nursing-home care is being continued to provide the veteran with rehabilitation services.
* Additional information can be found in the Compensation and Pension
Benefits section of VA’s Internet pages at www.vba.va.gov/bln/21/index.htm. Burial
Benefits Headstones/Grave Marker A headstone or grave marker will
be furnished by the VA for the
unmarked grave of any veteran buried in a national cemetery, post cemetery, or
private cemetery. They will also be furnished
to commemorate any person who died while on active duty and whose remains have not been recovered,
identified or were buried at sea. There is no time limit on requesting a headstone or grave marker for a
veteran's grave. The next-of-kin, or any interested individual, may request a
headstone or grave marker for a
veteran's death. Spouses or other interested parties should be prepared to
furnish proof of military service in conjunction with a claim. Application process: 1. Headstones
are automatically placed at the grave of a person buried in a national
cemetery. Headstones or grave markers are in most
cases automatically placed at the grave of a person buried in a state-owned
veteran's cemetery. 2. VA Form
40-1330 is the application for Headstone or Marker. 3. The
Headstone or Marker that is placed on a veteran's grave. The markers are prepared and shipped free of charge. It IS the
responsibility of the next-of-kin or other interested part to bear the cost of having the headstone or grave
marker erected or placed. In many instances,
it is necessary to prepare the gravesite with a base upon many instances, it is
necessary to prepare
the gravesite with a base upon which to mount
the grave marker and a charge for this may
be charged. 4. ERRORS ON HEADSTONES OR GRAVE
MARKERS. Inscription errors that were made by the government contractor will be
replaced. Other errors made on application, and signed by the next-of-kin
or other interested party, may be corrected. Additions may be
placed on marker but should be identified on the
application, but there is a charge. 5. Spouses
or other interested parties who do not desire to
utilize the government-furnished headstone or grave marker maybe reimbursed
for privately procured graves if the veteran was buried
between October 18, 1978 and October 31, 1990. The monetary
allowance in lieu of Government furnished headstone or marker is not
payable if death occurred on or after November 1, 1990. Such reimbursement shall
not exceed the average cost of a VA furnished headstone or
grave marker. Reimbursements requests are made on VA Form 21-8834. 6. To check
on the status of a Headstone
or monument, the Veteran's Services Office may call Monument Services in
Washington, DC. Burial
Allowance VA will pay a $300
burial and funeral allowance for Veterans who, at time of death, were entitled
to receive pension or compensation or would have been entitled if they were not
receiving military retirement pay. Eligibility also may be established when death
occurs in a VA facility, a VA-contracted nursing home or a State Veterans
nursing home. In cases in which the Veteran’s death was not service-connected,
claims must be filed within two years after burial or cremation. Plot Allowance VA will pay a $300
plot allowance when a Veteran is buried in a cemetery not under U.S. government
jurisdiction if: the Veteran was discharged from active duty because of
disability incurred or aggravated in the line of duty; the Veteran was
receiving compensation or pension or would have been if the Veteran was not
receiving military retired pay; or the Veteran died in a VA facility. The $300 plot
allowance may be paid to the state for the cost of a plot or interment in a
state-owned cemetery reserved solely for Veteran burials if the Veteran is
buried without charge. Burial expenses paid by the deceased’s employer or a
state agency will not be reimbursed. National Cemeteries Eligibility: Burial in a national cemetery
is authorized for any person whose death occurred in the line of duty, active
duty for training, or while hospitalized or receiving
treatment at the expense of the U.S. Government for any injury or disease contracted in the line of duty.
Interment in a national cemetery is also authorized for any veteran whose
active duty service was terminated by a discharge under conditions other than
dishonorable. Dependents, un-remarried surviving spouses and minor children are
also eligible for burial. How to apply: The burial of a veteran or
eligible dependent in a national cemetery should normally be handled through
the funeral director who will make necessary arrangements with the cemetery. To
make arrangements for veteran's burial during holidays and weekends (8:00 am. -
4:30 p.m.), seven days a week, call 1800-535-1117. The National Cemetery
System normally does not conduct burials on weekends. A weekend caller,
however, will be directed to one of three strategically located VA cemetery
offices that remain open during weekends to schedule burials at the cemetery of
the caller's choice during the following week. State of Florida Benefits l . Identification
cards for 100% permanent and total service-connected veterans.
This card may be used by the FDVA to
the veteran as a proof of eligibility for any state benefit, except Exemption of Homestead. 2. Exemption
of Homestead. Any real estate that is owned and used as a
homestead by a veteran who was
honorably discharged with a service connected total & permanent disability
and for whom a letter from the United States Government or VA or its
predecessor has been issued certifying total disability is exempt from
taxation, if the veteran is a permanent resident of this state on January 1 of the tax
year for which exemption is being claimed. 3. Hunting & Fishing License. A permanent state hunting and fishing
license shall be
issued, upon request, to
any resident of the state, who is permanently & totally disabled and currently certified
by a licensed physician of this state or the VA, or has been issued a valid
identification card by the FDVA. No license shall be required for military service personnel who are Florida residents while
they are home on leave for periods of 30 days
or less. 4. Certification of Discharge
or Separation. The Clerk of the Circuit Court shall record, without
cost to the veteran, certificates of discharge or separation from the Armed
Forces of the U.S. 5. Disabled
Veteran Motor Vehicle License Plate. A motor vehicle license place will be issued
for use on any motor vehicle owned' or
leased by a disabled veteran who has been a
continuous resident of Florida for the last 5 years
or has established a domicile. This is for 100% service-connected
veterans. "DV" License Plates with "wheelchair emblems" are
available for those veterans permanently confined to a wheelchair and who
qualify for the . basic
"DV" License Plate. 6. Ex-POW
Motor Vehicle License Plate. A motor vehicle license plate will be
issued upon application and proof of eligibility, for use on any motor vehicle
not used for hire or commercial use, owned by a veteran who is a resident of
Florida and was a Prisoner of War. Other plates include: Non-Citizen POW,
National Guard or Reserve Member, Survivors of Pearl Harbor, Purple-Heart Medal
Recipients and Medal
of Honor Recipients. 7. Driver's License. Any veteran discharged under
conditions other than dishonorable from the Armed Forces who has been
issued a valid identification card by the FDVA or has been
determined by the VA or DoD to have a 100% total & permanent
service connected disability and is qualified to
obtain a Drivers License is exempt from fees. Some fees may apply. 8. Handicapped
Toll Permit. Any handicap by a person who has a valid driver's
license, who operates a vehicle specially equipped for use by the handicapped, and who is certified by a
licensed physician or be the VA Adjudication Officer as being physically
disabled and having permanent impairments which impair the person's ability to deposit coins in toll baskets shall be allowed to pass free
through all toll' gates. A vehicle
window sticker will be issued. 9. Education
for Children of Deceased or Disabled Florida Veterans. The
State of Florida provides scholarships for dependent children of a veteran of
the State of Florida, who died from a disease, or
disability resulting from service during a period of war; or has a 100%
service-connected disability as determined by the VA or DoD. 10. Preference in Appointment and
Retention. The state and its political subdivisions shall give preference
in appointment and retention in positions
of employment to veterans who served during a wartime period and have been
separated under honorable conditions, or are disabled veterans who have
service-connected disabilities which are compensable. Contact Angel Lerma, Veteran's Out-Reach Representative, State Job & Benefits Office (located at South
Florida Community College) for more information. 11. Occupations License Taxes. 12. Disabled Veterans Exemption from
Certain License or Permit Fees. 13. County Veteran Service
Officers. Veteran assistance is available
through a statewide network of County Veteran Service Officers
employed by local Boards of
County Commissioners. All services are provided free of charge. Give us a call. 14. "Florida Salutes Veterans"
License Plates. Can be purchased by any Florida resident in order to
pay tribute to Florida veterans and provide funds for
construction, operation, and maintenance of domiciliary and nursing homes for
veterans in Florida. 15. Veterans' Domiciliary Home of Florida. 16. Veterans'
Nursing Homes of Florida Other Benefits Available 1. VA Domiciliary Care 2.
Respite Nursing Home Care 3. Fee Basis 4. Education
Benefits (please contact Maria at South Florida Community College a call in the
Finance Office for additional information. Maria is a VA School Certifying
Official here in Highlands County). 5. Life
Insurance Programs (for service-connected veterans and those wishing to extend
their SGLI into VGLI or change beneficiaries) 6. VA Home Loan Guaranty
(Certificate of Eligibility Application) 7. Discharge Review (for
upgrades), Board of Corrections & request for records. the plot
allowance may be assigned to the state. Usually the funeral director will
automatically apply for a plot allowance unless a state-owned veterans'
cemetery is involved. Cremation and Scientific
Research 1. Cremation is considered a burial.
Regardless of-the disposition of the ashes, payment of a plot allowance is
warranted as explained above. 2. Donation of a body to a medical school for scientific
research is considered a burial and the plot allowance is available. Burial Allowance An allowance of $300.00 may be
paid to defray the cost of funeral and burial expenses for certain eligible
veterans. When -a veteran dies of a service-connected disability, a burial benefit not to exceed $1500.00 is authorized in
lieu of other burial benefits. Transportation of Remains 1. If the death occurs while traveling
under authorization or while hospitalized by the VA, and
in certain other circumstances, the cost of transporting the veteran's remains
to the place of burial may be paid in addition to any other burial benefits. 2. The VA may pay the cost of transporting
(to the nearest national cemetery having available space) the remains of a
deceased veteran who at the time of death had compensable service-connected disability or who died while
admitted to a VA medical facility. Burial Flags 1. A U.S. flag will be furnished by the VA
to drape the casket of a deceased veteran who was discharged under other than
dishonorable conditions and who: a. Served during wartime b. Served during Mexican Border Period
(January 1, 1911- May 8, 1917) c. Served at least one enlistment during
peacetime d. Served
after January 31, 1955 APPLICATIONS CAN BE OBTAINED
THROUGH OUR OFFICE AND MANY FUNERAL DIRECTORS KEEP FORMS AND MAKE APPLICATION ON BEHALF OF THE VETERAN'S FAMILY.
FLAGS ARE OBTAINED FROM THE POST OFFICE. Presidential
Memorial Certificates 1. A Presidential Memorial Certificate may
be issued to the next-of-kin for any deceased wartime or peacetime veteran
whose discharge was under conditions other than dishonorable or to the
next-of-kin of members who at the time of death were members of the armed
forces. 2. When no Presidential Memorial Certificates
is issued to next-of-kin, a request from a close friend or associate will be
honored. 3. A simple statement, or phone call , the VA Regional Office in St.
Petersburg is sufficient to receive the certificate. Ensure your request clearly states the veteran's
name, VA claim number, and the next-of-kin address of the next-of-kin where the
certificate will be mailed. I always send a copy the death certificate and
of the discharge document (DD-214). Claim Confidentiality No
unauthorized disclosures of information will be made, as custody of veteran's
records are privileged and private. a. Any
organization or member thereof or other person who, knowingly uses any name or
address released from the U. S. Department of Veterans' Affairs for any purpose
other than that for the purpose for which it was released shall be guilty of a
misdemeanor and may be fined not more than $5000.00 in the case of a first
offense and not more than $20,000 in the case of any subsequent offenses.
U.S.C. 38, 5701 b. The records of the identity, diagnosis,
prognosis, or treatment of any patient or subject, which
is maintained (by the VA) in connection with the performance of
any program or activity, which shall be CONFIDENTIAL and such records, may not
be disclosed, unless expressly authorized. c. Contested
claims - Representatives may only represent one of the parties in the prosecution of a contested claim, or on which
may reasonably become contested. d. Dual
Representation - No organization may represent a Claimant who has retained an attorney (or other
accredited organization) as his/her designated representative. e. Civil
Power of Attorney's and assigned Guardianships are NOT acceptable for VA matters.
The VA works under the higher court of Federal jurisdiction. The VA can assign
a fiduciary for someone in receipt of VA benefits that is incompetent (a letter
from the recipients physician and possible visit from a VA Field Investigator
is required). Service Connected Disability Claims 1. Five ways to establish
that a disability is service-connected: a. DIRECT - Condition
was diagnosed during military service, and the condition continues to affect
the individual's industrial capacity. b. AGGRAVATION - Condition existed prior to military
service and was aggravated
beyond normal progression
during military service. c. PRESUMPTIVE - Radiation claims, Agent Orange claims, Persian
Gulf Claims, certain disabilities, tropical diseases, and certain POW
conditions. The veteran must have served 90 continuous days or more during a war period or after December 31,
1946. d. SECONDARY- The demonstration of a condition that is a result of, or linked to, an existing
service-connected condition. f. INJURY AS A RESULT OF TREATMENT - A disease,
injury, death or the aggravation of an existing
disease or injury occurs as a result of having submitted to an examination,
medical or surgical treatment, or hospitalization under VA care. As
a veteran service officer acting on behalf of accredited organizations
chartered by Congress and recognized by the VA for claims representation,
Denise and I have assumed the responsibility for providing direct assistance to
veterans, their dependents and survivors in claims for any veteran Federal or
State benefits or services to which they may be entitled. NSC (Improved) Pension - Death
Pension The Widow/er's (Improved)
Pension is a benefit that can be applied for by the widow/er
if the veteran had the military qualifications as with the above NSC Pension
and the widow/er meets financial
qualifications. The maximum pension amounts are listed below: Surviving spouse
with no dependents
$6,237 Surviving spouse
with one child
$8,168 (Veterans with additional children: add $1,586
to the limit for EACH
child) Housebound surviving spouse with no dependents $7,625 Housebound surviving spouse with one dependent $9,551 Surviving spouse who needs aid and attendance and no dependents $9,973 Surviving spouse
who needs aid and attendance and has one dep. $11,900
* Additional information can be found in the Compensation and Pension
Benefits section of VA’s Internet pages at www.vba.va.gov/bln/21/index.htm.
*Please note the above rates may have changed. Checklist of documents needed to file claim The following
information is needed in order for Veteran's Services to file a claim for NSC
Pension benefits on behalf of the veteran or his surviving dependent. 1. Proof of military
service (discharge or DD-214) 2. Good
copies of dependency documents, ALL marriages, divorces and birth certificates of dependent children. 3. Social security numbers
for applicant and all dependents. 4. Private
and/or other medical records that provide a diagnosis and prognosis of
all claimed disabilities that affect the veterans' ability to earn a living. 5. A
printout of all medical expenses the applicant has paid for one year proceeding
the date of application. Include continuing medical expenses such as health
insurance and nursing home/ALF costs. 6. Proof
of ALL income including social security benefits, annuity, interest, sale of
property. Proof of assets (not including primary residence). NOTE:
Single veteran's receiving NSC pension's AND are eligible for Medicaid AND
admitted to a Medicaid approved nursing home/ALF (excluding State nursing
homes) will have their pension reduced to a $90.00 per month effective the date
Medicaid began. This $90.00 is to be placed in the veteran's personal account
and used for personal needs. Back
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