CVSO Current Issues

Current Issues

CVSO INSIGHTS

WISCONSIN G.I. BILL

The Wisconsin G.I. Bill is a State of Wisconsin education program that is separate from and not to be confused with the Federal Montgomery G.I. Bill program.

The Wisconsin G.I Bill provides a full waiver (remission) of tuition and fees for eligible veterans and their dependents for up to eight full-time semesters or 128 credits at any University of Wisconsin system (UW) or Wisconsin Technical College System (WTCS) School.

There are no income limits or ending periods following military service during which the benefit must be used. In addition, there are currently no limits on the level of study. The benefit may be used for under graduate as well as graduate level studies.

WHO IS ELIGIBLE?

Veterans: Wisconsin veterans who entered active military duty as a Wisconsin resident and reside in Wisconsin at the time of enrollment.

Dependents: Spouses, surviving spouses (who have not remarried) of deceased veterans and children of Wisconsin veterans who have a 30% or higher service connected disability rating with the VA. Dependents must also be Wisconsin residents to qualify.

Spouses/surviving spouses eligibility is limited to 10 years after the youngest child attains the age of 18.

The spouse or surviving spouse may attend school full-time or part-time.

Children of the eligible veteran must be between the ages of 17 and 26 years old. The child may attend part-time or full-time.

All eligibility determinations are made by the Wisconsin Department of Veterans Affairs (WDVA).

In addition to the Wisconsin G.I. Bill, you may be eligible for other benefits.

The best way to find out what benefits you are eligible for is to contact your County Veterans Service Officer (CVSO).

For information on any veteran benefit, contact your County Veterans Service Officer whose phone number is in the blue or white pages of your phone directory or available on the website: www.wicvso.org.

CVSO INSIGHTS

Individual Unemployability Benefit (IU)

There is a benefit administered by the U.S. Department of Veterans Affairs (VA) that is payable under certain conditions when a veteran has one or more service connected disabilities rated less than 100% that interfere with his or her ability to secure or retain employment. This benefit is known as Individual Unemployability (I.U.), also referred to as Total Disability Based on Individual Unemployability (T.D.I.U.). I.U. or T.D.I.U. must be established on a factual basis.

I.U. establishes entitlement to compensation at the 100% disability rate even though a veteran’s combined disabilities are less than a scheduler 100% rating.

To apply for I.U. benefits VA form 21-8940, Application for Increased Compensation Based on Unemployability, must be submitted to the VA with current medical evidence on the extent of the service connected disabilities. Veterans who may qualify, should contact their local County

Veterans Service Officer (CVSO) to begin the process.

When an application for I.U. benefits is received by the VA, VA must first decide whether the veteran meets the requirements for a scheduler 100% rating before considering I.U.

The scheduler requirements for I.U. benefits are provided in the Code of Federal Regulations (38 CFR 4.16), which states in essence, that total disability ratings for compensation may be assigned when there is one disability rated at 60% or more, or two or more disabilities combined at 70% or more, with at least one of the combined disabilities rated at least 40%.

In addition, for the purpose of one 60% disability, or one 40% disability in the case of combined disabilities, the following will be considered one disability:

1) Disabilities of one or both upper or lower extremities, including the bilateral factor if applicable.

2) Disabilities resulting from common etiology or a single accident

3) Disabilities affecting a single body system, such as, orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric

4) Multiple injuries incurred in action

5) Multiple disabilities incurred as a Prisoner of War (POW)

When considering I.U., the VA looks at the following evidence:

1) Current degree of service connected disability

2) Employment status

3) Results of VA examination(s)

4) Hospital reports and/or outpatient treatment records

5) Current physical and mental status

6) Nature of employment

7) Reason employment was terminated

8) Whether disabilities meet scheduler consideration (38 CFR 4.16)

9) Whether Extra Scheduler consideration is warranted (38 CFR 3.321(b)(1)

In addition, VA will take in to consideration the veteran’s previous type of occupation (such as physical or non physical) and his or her level of formal education.

Factors that may not be taken in to account when considering I.U. are:

1) Age

2) Non service connected (NSC) disabilities

3) Injuries occurring after military service

4) Availability of work

5) Voluntary withdrawal from the labor market

In certain situations where a veteran does not meet the percentage standards under 38 CFR 4.16 for scheduler consideration of I.U but the evidence supports that the veteran is unemployable due to his or her service connected conditions, VA rating boards may submit to the Director of Compensation and Pension Service for an Extra Scheduler consideration.

When deciding Extra Scheduler consideration, the following evidence is taken into account:

1) A clear statement of the facts including medical and lay evidence of symptoms

2) Relevant laws and regulations

3) A statement of the issues to be resolved and recommended evaluation

Once an I.U. rating is granted, VA will pay service connected compensation at the 100% rate.

Receipt of I.U. benefits does not mean that a veteran is never allowed to work again; however, if a veteran receiving I.U. benefits obtains substantially gainful employment, I.U. benefits can be terminated.

VA’s definition of substantial gainful employment is basically any amount earned above the annual poverty limit for one person set by the U.S. Census Bureau. In 2007 the poverty limit for one person was $10,210.

Amounts earned below the Census Bureau annual poverty limit are considered marginal employment and do not affect receipt of I.U. benefits.

Each year after the U.S. Census Bureau sets the new poverty limit, VA publishes notice in the Federal Register.

For information on the U.S. Census Bureau poverty limit go to the following website: http://www.census.gov.

Veterans receiving I.U. benefits are required to complete a VA form 21-4140, Employment Questionnaire, each year to maintain entitlement to the benefit. VA also does an Income Verification Match (IVM) with the Internal Revenue Service (IRS).

VA does not monitor changes in employability when the following conditions exist:

1) Age 69 or older

2) Has been rated I.U. for 20 years

3) Is assigned a scheduler 100% rating

After twenty continuous years, the I.U. evaluation is protected from future reduction under 38 CFR 3.91(b).

CVSO ADVOCACY AWARD PRESENTED

The County Veterans Service Officers Association of Wisconsin has presented its’ 2007 Veterans Advocacy Award to Dallas Kobriger of Pewaukee and Thomas Diets of Madison.

Kobriger, a WW II Coast Guard veteran was recognized for his volunteer work in his community and at the Zablocki VA Medical Center. His award was presented at the 2007 Wisconsin American Legion convention in Green Bay.

Diets, who served with the 1^st Infantry Division in Vietnam was recognized for his many years of personal involvement with Madison based “ Vets House” and his current commitment to veterans at the Madison Vet Center. His award was presented at the CVSO Association fall conference in Madison.

In making the official announcement, Dane County Veterans Service Officer ( and State CVSO Association President) Michael Jackson said “ I think these two gentlemen have demonstrated a personal commitment to improve the lives of their fellow man, and as a small token of appreciation, will consider this a “ Thank You” from those who may have forgotten to say it. They represent the best of their generation, and we are honored to be able to recognize them and their commitment”.

UPDATE - WI GI BILL VICTORY

Thank you for contacting your representatives and signing the petitions. Between the written petitions and on-line petitions, the CVSO Assoc. submitted 2,660 names to our representatives.

The following is a quick review of the changes to Wisconsin veteran benefits.

WIGIBILL

Victory - WIGIBILL remains unchanged.
Added - Eligible dependents age is lowered to 17.
Added - Part-time study with 100% waiver for Tuition for dependents.
Added - Spouses eligibility ends 10 yrs after youngest child turns 18.

ANV

Victory - Aid to Needy Veterans Grant increased from $5,000-$7,000 lifetime. Limits on eye, dental and hearing aids were removed.

SAG

Victory - Subsistence Aid Grant increased from $2,000 to $3,000 maximum.

PROPERTY TAX WAIVER

Victory - Property tax credit gets extended to those under 65, and those on Individual Unemployability (IU).

Changed - Reduced residency requirement to 5 years continuous years. These changes will be effective in January 1, 2009.

Please take the time to thank your representatives for supporting veteran issues.

CVSO ADVOCACY AWARD RECIPIENTS

The County Veterans Service Officers Association of Wisconsin has presented its’ 2007 Veterans Advocacy Award to Dallas Kobriger of Pewaukee and Thomas Diets of Madison.

CVSO INSIGHTS

Federal VA Contracting for Long Term Care

The U.S. Department of Veterans Affairs has been providing nursing home care to veterans for over 41 years. The Veterans Millennium Health Care and Benefits Act, Public Law 106-117, made important changes to the VA’s nursing home program in an effort to address the growing need for long-term care among our most severely service connected disabled veterans. The Act had required that the VA provide nursing home care to veterans with a service connected disability rating of 70 percent or greater, when the need for care was related to a condition of their service and for those that were receiving nursing home care in a VA nursing home. It also includes those that are 60 percent service-connected disabled and are classified as unemployable or permanently and totally disabled.

The Veterans Administration, to keep pace with the demand for long-term care services for its veterans, enters into long-term care contracts with private nursing homes. The private nursing home must meet compliance issues to qualify. The VA contracted facility is paid in full at the contracted rate eliminating patient liability. The Veteran keeps all of their income to include Service Connected Compensation. State Veterans Homes have been excluded from entering into these contracts with the Federal VA, which meant the veteran would be liable for care charges otherwise covered through a private nursing home VA contract.

The Federal VA has partnered with State Veterans Homes to provide services to veterans in need of long-term care services. The Federal VA provides grants to States for a portion of construction, renovation and operating costs. It is this Federal Assistance that has enabled the State of Wisconsin to expand services from its first State Veterans Home at King to the new State Veterans Home in Union Grove and likely in a few years to the Chippewa Falls area. The Federal VA also pays a small daily per diem to the State for each Veteran it cares for.

In May 2007, Public Law 109-461, Section 211, provided VA authority to pay State Veterans Homes the prevailing rate or the home’s daily cost of care, whichever is less, for veterans in need of long-term care services and who are 70 percent service connected, need long-term care as a result of their service connected condition or are 60 percent service connected disabled and unemployable or permanently and totally disabled. A July 23, 2007 response to U.S. Senator Russell D. Feingold from VA Secretary R. James Nicholson conveys that “VA is developing the regulations that are necessary to implement the provisions of section 211.” “…once regulations and rates are finalized, retroactive payments will be made to State Veterans Homes.” Stakeholders continue to wait for the Federal VA to promulgate rules.

For information on any veteran benefit, contact your County Veterans Service Officer whose phone number is in the blue or white pages of your phone directory or available on the website: www.wicvso.org.

A Motion by Board of Veteans Affairs and Department of Veternas Affairs

It shall be he policy of the Board of Veterans Affairs and the Department of Veterans Affairs, pursuant to Section 45.08(5)(e), Wis. Stats, that the Wisconsin County Veterans Service Officers perform their duties separately and distinctly from the county Aging and Disability Resource Center (ADRC) for reasons including, but not limited to, those state in the CVSO Association of Wisconsin's (CVSO Association) April 2007 "Position Paper Regarding ADRC Concept and CVSO Involvement", a copy of which is attached (SEE BELOW), incorporated by reference and endorsed in principle by the Board of Veterans Affairs. It shall also be the position of the Board of Veterans Affairs and the Department of Veterans Affairs, that the duties of the CVSO staff must be performed separately and distinctly from those of ADRCs. The board of Veterans Affairs also concurs with the CVSO Association's position that, where necessary, individual county CVSO offices and the counties' ADRCs should formalize terms of their cooperative relationships in written Memoranda of Understanding.

CVSO INSIGHTS

ADRC Concept and CVSO Involvement

The State of Wisconsin has shown interest in the consolidation of services, functions and processes associated with the provision of benefits to those aged and those with disabilities. This desire for a “one stop shopping” facility has evolved into the Aging and Disability Resource Center (ADRC) concept, a concept being put into practice by a growing number of individual counties and consortiums of counties throughout Wisconsin. This has resulted in a growing number of counties questioning the role that County Veteran Service Officers (CVSO’s) can or should play within an ADRC. It is our position that the CVSO should remain separate and distinct from the ADRC, for the following reasons:

CVSO’s are first and foremost veteran advocates. They function as the liaison between veterans, the dependents and survivors of veterans, and the benefits to which they are entitled. These benefits are federal, state, and local benefits. Veterans are a recognizable and distinct population, with some needs common to the general population, and most needs specific to just veterans. Likewise, most of the benefits to which veterans are entitled, and the means of claiming or accessing those benefits, are specific to veterans only, and found nowhere else in government. Veterans are old, young, male, female, disabled and non-disabled. The fastest growing veteran demographic is in fact within the “under 30” age group coming back from Iraq and Afghanistan, and it is a minority of all veterans who are disabled. Veterans as a population do not fit neatly into the ADRC target demographic.

Wisconsin Statutes (Chapter 45.80(5) (e) specify that CVSO’s shall perform their duties “separately and distinctly from any other county department.” The State has recognized that the functions performed by CVSO’s for veterans are in fact specific and narrowly focused. The idea that CVSO offices could “maximize efficiency” through “cross training of staff” within an ADRC, an idea often noted in arguments supporting absorption of CVSO’s into ADRC’s, is simply wrong. Sharing of staff would serve to reduce office effectiveness and efficiency due to the extensive level of knowledge required to deal with veteran benefits, and the inability of a part-timer, regardless of desire or motivation, to have that required level of training and experience.

Finally, CVSO offices already work closely with all the entities that would fall under the ADRC concept. CVSO’s routinely refer veterans to other County functions (Aging, HSS, Public Health, Economic Support, etc.) on a regular basis, when appropriate. CVSO’s, as advocates, are charged with helping veterans get what they need from whatever source available. CVSO’s are already part of the ADRC “team,” and should remain so, but outside the umbrella of the ADRC concept. There is no need to share a roof in order to share customers.

The CVSO Association of Wisconsin would suggest that CVSO offices remain separate and distinct from the ADRC as required under state statute, but that the relationship between CVSO and ADRC be formalized (if necessary) via written Memorandum of Understanding.

CVSO INSIGHTS

Gulf War Wages On...Abroad and At Home

Gulf War veterans are waiting, much like those veterans exposed to Agent Orange in Vietnam and Korea, for recognition and treatment of illnesses they suffer from service to this country. Many studies have been done and are yet underway looking into the interrelationships of a myriad of both environmental and chemical precipitators affecting those that served in the Gulf. To the credit of the Veterans Administration, Persian Gulf exams are offered free to those that apply. Information from these exams will provide crucial baseline data that, when used cumulatively, may help establish correlations between certain exposures and subsequent health problems and provide important information useful in claims for “service connected” conditions.

Conditions commonly experienced by Gulf War Veterans include fatigue; skin conditions; headache; muscle and joint pain; memory loss with difficulty concentrating; shortness of breath; sleep disturbances; gastrointestinal problems; dizziness/loss of balance; and chest pain. In 1994, Public Law 103-446 allowed the VA to pay compensation to Gulf War Veterans with certain chronic disabilities. It was not until 2001 that Public Law 107-103 established three “presumptive” conditions for purposes of VA service connected compensation. These three conditions are fibromylgia, chronic fatigue syndrome, and irritable bowel syndrome. The VA has also concluded that the exceedingly high mortality rates from brain cancer deaths and Amyotrophic Lateral Sclerosis (ALS) may be connected to service in the Gulf War. Gulf War Veterans with any of these conditions, including those denied prior to the 2001 law, should apply for VA disability by seeing their County Veteran Service Officer.

Gulf War Veterans had a complex set of exposure variables that may have affected their health. During Operation Desert Storm, 41% of U.S. combat soldiers were vaccinated against Anthrax. Tablets were taken by some in various doses for protection against nerve agents. Insecticides were commonly used against sand fleas and other insects which may have contributed to Gulf War illnesses, but also conditions from these infected organisms. There still remain unanswered questions regarding exposure to chemical weapons/neurotoxins and to what degree. Depleted Uranium exposure occurred from direct fire and from clean-up that followed. Airborne particulates were especially problematic due to the amount of exposure and how fine the particles actually were.

In addition to all of the above, there is the issue of extreme temperatures and burning oil wells that sent billowing clouds of filmy smoke near and far. Now combine all or some of these factors together in varying levels of exposure and you have a glimpse of what the VA and the Gulf War Veterans are up against.

The VA acknowledges a condition referred to as “Undiagnosed Illness”, but the moment that a physician gives a diagnosis to any of these otherwise undiagnosed symptoms, the claim has no merit. See these links for additional information:

www.va.gov/gulfwar.

www.dva.state.wi.us/gulfwar.

www.gulflink.osd.mil.

CVSO INSIGHTS

Housebound (HB) and Aid & Attendance (A&A)

Veterans or dependents in receipt of compensation or pension, or their spouses (in the case of compensation) or surviving spouses qualifying for, or receiving a death pension, may meet the qualifications for HB or A&A benefit. This means that they may be entitled to additional disability compensation or pension benefits. A claimant is considered housebound when they are unable to leave their residence. For example, they may only be ambulatory with the use of a wheelchair or Rascal. In order for them to leave the house to shop or keep medical appointments, someone else must take them. Another aspect of this entitlement is when the VA determines that the veteran requires the regular aid and attendance of another person. More specifically, claimants who are unable to bathe, clothe, or feed themselves usually meet the A&A requirement. Certainly, those that live in a nursing home or community assisted living facility fit this category

We have found that it is usually not commonly known that the spouses of service connected disabled veterans rated 30% or higher may also be considered for A&A. If A&A is approved for the spouse of a service connected (SC) disabled veteran, the monthly compensation amount will be increased. The circumstances described above require an application that includes a statement from the doctor and the institution (nursing home or community assisted living facility).

When certain scheduler requirements are met (the veteran has a single service-connected disability rated at 100% and has additional SC disability or disabilities independently ratable at 60%, separate and distinct from the 100% disability, and involving different anatomical segments or bodily systems OR the veteran is substantially confined to the home or institution as a direct result of SC disabilities, and it is reasonably certain that the confinement is permanent), the claimant should be awarded special monthly compensation at the housebound rate. This is referred to as Special Monthly Compensation (SMC) Housebound Rate Award.

CVSO INSIGHTS

Veterans Health Administration (VHA) Accessing VA Health Care

The VHA is the health care component of the United States Department of Veteran Affairs (VA). In Wisconsin, there are three VA Hospitals: one each in Madison, Milwaukee and Tomah. Veterans living in Northern and Northwest Wisconsin may receive care at VA hospitals in Iron Mountain, Michigan or St. Cloud or Minneapolis, Minnesota. In addition to the hospitals, there are several community based outpatient clinics (CBOCs). These clinics have been strategically placed around the state: Fox Valley, Appleton; Baraboo Clinic, Baraboo; Beaver Dam Clinic, Beaver Dam; Chippewa Falls Clinic, Chippewa Falls; Cleveland Clinic, Cleveland; Green Bay CBOC, Green Bay; Sterling Clinic, Janesville; LaCrosse Clinic, LaCrosse; Loyal Clinic, Loyal; Menominee Clinic, Menominee; Rhinelander Clinic, Rhinelander; Rockford Outpatient Clinic, Rockford, IL; Twin Ports Outpatient Clinic, Superior; Union Grove Clinic, Union Grove; Wausau Clinic, Wausau; WI Rapids CBOC, Wisconsin Rapids; Maplewood Clinic, Maplewood, Minnesota; and Ironwood Clinic, Ironwood, Michigan.

To receive VA health care benefits, most veterans must enroll. Veterans can apply for enrollment by submitting a completed VA Form 10-10EZ and providing a copy of a military separation document (DD-214). The form is available in the admissions area of each VA Hospital or CBOC, on-line http://www.va.gov/healtheligibility/HECHome.htm, by mail, or through a County Veteran Service Office (CVSO). There are eight enrollment priorities of veterans, with Priority 1 being the highest. Priority 8 veterans are those who have no service-connected disabilities and whose income and assets are above the established thresholds. Priority 7 & 8 veterans must agree to make co- payments for most medical care and medicines.

NOTE: Effective January 17, 2003, VA suspended NEW enrollment of veterans assigned to Priority Group 8 (VA’s lowest priority group consisting of higher income veterans). The VA prioritizes care for Veterans Benefits Administration adjudicated service connected conditions, Purple Heart recipients, former prisoners of war (POW), and veterans whose medical conditions resulted from herbicidal exposures, and ionizing radiation, and environmental hazards. For veterans that do not fall into any of these categories, the enrollment will be based on the annual income of the veteran and spouse, if applicable, and their net worth. Your primary residence is not considered when calculating net worth. The income level is determined by the Housing and Urban Development (HUD) geographic index by county and family size. Unreimbursed medical, vocational/education, and funeral expenses are also allowed to offset income. By law the VA bills insurance carriers for care to veterans for NSC conditions.

Outpatient treatment Depending on income level and Priority Group assignment a fee may be assessed for treatment of non-service connected (NSC) conditions. Outpatient treatments may have no co-payment (i.e., preventative screenings, flat film radiology). Inpatient treatment Hospitalizations for NSC conditions may require a co-payment based on the veteran’s income level and Priority Group assignment.

CVSO INSIGHTS

Radiation Disability Claims/Atomic Veterans

Approximately 200,000 U.S. military personnel occupied Hiroshima and Nagasaki after WWII. An additional 200,000 personnel were participants in over 235 nuclear weapons tests between 1945 and 1962, conducted in the American West and the Pacific Ocean. The U.S. government has determined that these veterans are entitled to VA health care and, in certain cases, VA compensation.

Disabilities directly related to radiation exposure consist primarily of cancers. Cancers that are considered “presumptive,” those that VA presumes are due to radiation exposure and therefore not challenged, include cancers of the: bile ducts, bone, brain, breast, colon, esophagus, gall bladder, liver (primary), lung, ovary, pancreas, pharynx, salivary gland, small intestine, stomach, thyroid, urinary tract (kidneys, renal pelvis, ureter, urinary bladder, urethra), bronchio-alveolar carcinoma, leukemia (except CLL), lymphomas (less Hodgkin’s disease) and multiple myloma.

Any veteran who has one of the above cancers, and who participated in occupation duty, atomic testing, or who was a POW in the vicinity of Hiroshima or Nagasaki at the time of the bombings, should file a VA claim for service-connected disability. Contact your local County Veterans Service Officer (CVSO) and he or she will be happy to assist. Your CVSO will walk you through the process and take care of the paperwork for you. Radiation claims involve proving exposure, verifying a current disability, and obtaining a medical opinion as to the likelihood of the current disability being related to or caused by the exposure.

Veterans should be prepared to discuss the circumstances surrounding their exposures with their CVSO, specifically the dates, places, operation names (if possible) and which units they were assigned to at the time of their exposure. Any old military records, cruise books, letters, photos, etc. would also be very helpful. This will assist in the verification of exposure process by VA. Also be prepared to obtain medical records related to your current disability (treatment, diagnosis, etc.) or have the name and address of the facilities that have treated you. This will aid in the current disability verification.

Finally, atomic veterans need to know that the list of presumptive disabilities changes from time to time, with new cancers being added. If an atomic veteran develops a disability of any kind that could be related to radiation exposure, it is advisable to submit a claim. You can locate your CVSO under the “county government” listings in your local phonebook or via the CVSO Association of Wisconsin website at www.wicvso.org.

CVSO INSIGHTS

Veterans Monuments

Anyone who has visited the Wisconsin Veterans Museum in Madison or their website (museum.dva.state.wi.us) knows they have a wealth of information available concerning Wisconsin veterans. You will find information such as Wisconsin’s contributions to military conflicts back to the Civil War and information regarding veterans’ organizations. You will also find a very interesting date base dealing with veterans’ memorial and monuments.

The Wisconsin Department of Veterans Affairs is charged with keeping an index of memorials and monuments honoring Wisconsin military units and veterans. The museum initiated a project back in 1990 to update its index and obtain as much information as possible about these monuments and memorials. Many CVSOs provided information on memorials within Wisconsin counties. In the past few years many photos and written descriptions have been placed on the website.

There are a couple things veterans can do to make this project more complete and successful. First of all, if your post or community has an existing monument, you can file a report with the museum. If the post is planning a memorial you can look at a wide variety of styles and displays on the website. Once your memorial is in place you can provide photos, descriptions, invitations and programs to the museum for inclusion in their files.

A second way of helping this project would be to look for memorials while you are on vacation or traveling. Many of you visit National Parks and Battlefields as well as military installations outside of Wisconsin. Take a little time to look around and see if Wisconsin or its veterans are mentioned on any plaque, statue or building.

Reporting forms may be obtained from the Wisconsin Veterans Museum in Madison or your County Veterans Service Officer.

For more information regarding loan programs contact your local County Veterans Service Officer. You can locate your CVSO under the county government listings of your phone directory or on line at www.wicvso.org.

CVSO INSIGHTS

Medical Home Improvement

As we get older many of us have difficulty getting around in our own homes. Veterans who have difficulty because of a severe service-connected disability may receive a grant from the US Department of Veterans Affairs (VA) to make life a little easier. For these veterans the VA offers the Specially Adapted Housing Benefit for home construction or remodeling.

The VA Medical Centers (VAMCs) can assist both service connected and non-service connected veterans who have difficulty getting out of or around their own home. The VAMC may provide up to $1,200 to non-service connected veterans and $4,100 to those who are service connected. Each VAMC has a fund called the Home Improvement and Structural Alterations Program (HISA) to provide this assistance. The improvements or structural alterations must be medically necessary for effective and economical treatment of the veteran.

Allowable projects include construction of a permanent wheelchair ramp or lift; widening doorways for wheelchair access; installation of a wheelchair accessible shower; lowering of kitchen or bathroom counters to permit wheelchair access. Improvements to driveways and entrance paths may also be considered.

Although the VAMC does not do the actual improvement or alteration, they will visit the home to determine feasibility, assist in developing drawings and specifications, review proposals and bids, and do a final inspection once the work is done. The VAMC assumes no responsibility for maintenance, repair or replacement of any improvement or alteration.

The veteran’s primary VAMC staff physician must initiate all requests for HISA funds. Authorization for approved work will be issued only after the veteran specifically requeststhe HISA work. Reimbursement for cost of home improvements or alterations will not be made for work done prior to VAMC authorizing a HISA grant.

For more information regarding medical care contact your local County Veterans Service Officer.

CVSO INSIGHTS

Disability Compensaton Evaluations

Many disabled veterans may be due increased V.A. compensation benefits for service-related disabilities and not be aware of it. Disability ratings are based on the limitations and symptoms the veteran had at the time the V.A. last evaluated the veteran. The V.A. generally does not call a veteran back in for re-evaluation more than once in a lifetime. If that condition has worsened, it is up to the veteran to initiate the request for another review.

A typical case might be someone with a service-related orthopedic disability, such as a back condition. This type of injury generally does get worse over the course of time, and a rating given in 1983 may no longer be appropriate.

Perhaps a veteran’s service-related condition has created a “secondary” disability. An example of this would be that of a veteran who injured his knee on active duty. He has been receiving compensation for that disability for many years. However, he has had to walk with an altered gait for due to the instability of that knee. This may have caused injury to the back, hips or opposite knee. These secondary conditions could warrant compensation IF the doctor attributes them to the service-related disability.

A rating percentage is “protected” once it is in place for twenty years. There would be no danger of a decreased rating after that point. Veterans whose ratings have been in place for less than 20 years should be confident that there has been no improvement in the disability before requesting a new evaluation.

Your County Veterans Service Officer (CVSO) can discuss with you the medical criteria necessary for an increased rating, and what evidence would help you support your claim. You will be assisted throughout the process if a decision is made to re-open the claim. Look under the county government listings to locate your CVSO, or see the website www.wicvso.org.

CVSO INSIGHTS

POST TRAUMATIC STRESS DISORDER

Post Traumatic Stress Disorder (PTSD) is an anxiety condition which can develop for those who experience combat or go through almost any other traumatic event, such as physical or sexual assault, or witnessing the injury or death of another person. The symptoms of PTSD can include depression, panic, irritability, nightmares, exaggerated startle response, isolation, guilt and emotional emptiness.

The U.S. Department of Veterans Affairs (V.A.) does officially recognize PTSD as a disability that can cause impairment in both social and occupational functioning. Veterans diagnosed with PTSD may be eligible for the following benefits/services.

- DISABILITY COMPENSATION: Disability compensation benefits are payable when the veteran is diagnosed with the disorder, and it can be linked through appropriate documentation to military service. There must be evidence of the “stressor” that caused the PTSD. A stressor can be assumed for veterans who received the Combat Infantryman Badge or the Combat Medic Badge. The stressor is also assumed for those who received the Purple Heart or any award for valor. Veterans who do not have proof of combat service must document their stressor(s) in other ways. PTSD can be rated from 10% to 100% disabling, and disability payments would be made accordingly.

- VA COUNSELING AND MEDICAL CARE: The VA offers individual or group counseling for PTSD at Vet Centers. Wisconsin Vet Centers are located in Milwaukee or Madison. They specialize in a community-based approach in a relaxed, comfortable manner that includes veterans’ families. Some outlying areas have contract providers who provide counseling through Vet Center funding. Other veterans may receive PTSD care through VA Medical Centers or clinics. Intensive inpatient therapy is available when necessary.

Veterans who are experiencing symptoms which may be PTSD are encouraged to contact their County Veterans Service Officer (CVSO) for further information regarding treatment and/or filing a claim. Do not procrastinate. Every month that goes by is a month of benefits that may be lost! You can locate your CVSO under the county government phone listings or through the website of the CVSO Association of Wisconsin at www.wicvso.org.

CVSO INSIGHTS

LONG TERM CARE BENEFITS FOR VETERANS

Many veterans and their spouses are faced with the challenge of meeting long term care needs either in a nursing home, assisted living facility or care at home. There are some federal and state programs which MAY provide assistance. Each of these programs have unique eligibility requirements which are described in brief below.

VA MEDICAL CENTERS: The US Department of Veterans Affairs (VA) is only required to provide nursing home care when the veteran is rated 70% or more service-connected. Care will be provided at either VA Medical Centers or at contracted nursing homes in certain communities. In very limited other circumstances, VA will provide temporary nursing home care for non-service connected veterans. Co-payments for this care could be charged.

VA PENSION PROGRAM: Pension benefits can be paid to some veterans/surviving spouses to assist them with the cost of their care either at home or in a facility. The first requirement is that the veteran must have served at least 90 days of active duty, one day of which is in a wartime period. VA then looks at the level of disability of the claimant, income, assets and cost of the long-term care. In certain situations, it is possible for a single veteran to receive up to $1,347/month IF the cost of their care exceeds their income, and they do not have excessive assets. The maximum monthly amount for a married veteran is currently $1,597. The maximum for a surviving spouse is $865 per month.

Single wartime veterans and their surviving spouses who are in a skilled nursing facility, and are receiving Medicaid benefits, can receive a pension of $90/month. This will allow them to have additional spending money for their personal needs.

WISCONSIN VETERANS HOMES: The Wisconsin Department of Veterans Affairs (WDVA) operates two long-term care facilities. The Wisconsin Veterans Home at King has been in operation for over 100 years. It provides all levels of care to disabled veterans and their spouses. They must apply income and assets to the cost of their care to the extent required for Medicaid eligibility.

WDVA has also established a new facility in Union Grove. This is categorized as a community based residential facility, and it is limited to those who need no more than three hours of skilled nursing care per week. However, construction is underway for a third building which will be able to accept people who need more care. Also, a skilled nursing facility will be built on the site in the future. Care is provided at below-market rates. Federal VA pension benefits may be available to assist with the cost of care at these facilities.

Contact your County Veterans Service Officer (CVSO) for more information regarding the above programs. You can locate your CVSO under the county government listing of your local phone directory or the website of the CVSO Association of Wisconsin at www.wicvso.org.

CVSO INSIGHTS

UNIQUE BENEFITS FOR VIETNAM VETERANS

Veterans who served in Vietnam between 1/9/1962 and 5/7/1975 have unique benefits available to them. This is due to the fact that the V.A. considers each one of these veterans as having been exposed to Agent Orange to some extent. Agent Orange is the name of the dioxin compound used as a defoliant during the war.

There have been numerous studies through the years about the residual effects of dioxin exposure. The V.A. has found a “significant statistical association” between exposure and several illnesses. This means that these illnesses are being developed to a greater extent in Vietnam veterans than their counterparts of the same age demographic. Based on these studies, the V.A. grants “presumptive” service connection for eleven conditions when diagnosed for a Vietnam veteran.

Presumptive service connection means that compensation is automatically granted without having to prove exposure, the extent of the exposure or that the illness is absolutely caused by that exposure. V.A. payments are also made to the surviving spouse and dependent children of the veteran if one of these illnesses contributed to the cause of death.

Current law dictates that three conditions must manifest within one year of leaving Vietnam in order to be considered as related to Agent Orange exposure: chloracne,
porphyria cutanea tarda
acute or subacute peripheral neuropathy

The remaining eight conditions are considered service-connected no matter when they are diagnosed for a Vietnam veteran:

Hodgkins disease
Non-hodgkins lymphoma
Multiple myeloma
Respiratory cancers of the lung, bronchus, larynx & trachea
Soft tissue sarcoma
Prostate cancer
Type II diabetes
Chronic lymphocytic leukemia

In addition to compensation payments, the V.A. provides free medical care for Vietnam veterans who have illnesses presumed to be related to Agent Orange. They also offer a special protocol physical exam on a one-time basis to those who served in Vietnam whether or not they have any current health concerns.

Children of any Vietnam veteran born with spina bifida (other than spina bifids occulta) are eligible for monthly allowances, health care and education benefits. Children of female Vietnam veterans both with certain other birth defects are also eligible for these benefits.

A newsletter called the AGENT ORANGE REVIEW is mailed to all Vietnam veterans upon request. Call 1-800-749-8387 to subscribe. All issues and additional information is also available at a V.A. website: http://www.va.gov/agentorange/

Many of you reading this article may not have served in Vietnam, but you know someone who did. Please make this information available to them so that as many Vietnam veterans as possible receive this vital information. County Veterans Service Officers (CVSO) are able to assist all veterans with their disability claims, requests for medical care, etc. You can locate your CVSO under the county government listings in your local phone directory or the website of the County Veterans Service Officers Association of Wisconsin at www.wicvso.org

GET TO KNOW YOUR CVSO!

County Veterans Service Officers (CVSO’s) have been employed in each of Wisconsin’s 72 counties since World War II to serve you! CVSO’s are your local resource for dedicated and professional assistance in obtaining federal and state veterans’ benefits. They provide the expertise and advocacy that veterans need to optimize their access to benefit programs.

CVSO’s may intereact with a veteran many times through the years. A newly- discharged veteran is given an overview of their benefits and perhaps assisted in obtaining educational benefits and filing a disability claim for service-related disabilities. Possibly a few years later that veteran may be seeking assistance with a veterans’ home loan program or a personal loan. At another point, the CVSO may be assisting this veteran file for increased disability benefits because their service-related disability has worsened or assisting with a home improvement loan.

CVSO’s handle inquiries and applications regarding veterans’ health care benefits for veterans of all ages, but these become of special importance as they get older. Long-term care benefits can become of issue to a veteran later in life as well. Burial benefit assistance is provided to the survivors of veterans. The widows of veterans are eligible for many state benefits, and in limited cases, federal benefits. CVSO’s are there to assist them as well.

Most of the programs veterans utilize are offered through the US Department of Veterans Affairs or the Wisconsin Department of Veterans Affairs. Therefore, CVSO’s are generally in contact with these agencies on a daily basis. They also work with the Service Officers of the various veterans’ organizations when filing VA benefit claims. CVSO’s interact with various other county government offices, such as Human Services, the Register of Deeds and the Clerk of Courts. Many federal and state agencies, such as Workforce Development, the local Housing Authority and the Social Security Administration are also resources of assistance to veterans, and CVSO’s are knowledgeable of their programs as well.

The County Veterans Service Officer and staff are employees of their respective counties. It is generally the smallest department in county government. However, they assist their veterans obtain benefits that in the aggregate total in the millions of dollars that are spent in their local communities, and do have an economic impact.

If you haven’t already done so, make an appointment to meet your CVSO and learn the most current information regarding your veterans’ benefits. Look under the county government listings of your local telephone directory or see the website www.wicvso.org. All veterans are encouraged to at least have their discharge document on file with their county office so that assistance can be rendered in a timely manner when needed for themselves or their survivors.

IS YOUR DISCHARGE SAFE? IN WISCONSIN IT IS!!

For many years, veterans have been told to register their military discharges with the County Register of Deeds for safekeeping and easy retrieval. In the past, there have been reports that unauthorized individuals have obtained personal information from veteran's DD 214s under public record laws.

In Wisconsin, state law protects the privacy and confidentiality of veteran's DD 214s filed with the county. According to Wisconsin Statues 45.05, "The certificate shall be accessible only to the discharged person or that person's dependents or duly authorized representative, as defined in s. 45.04 (1) (a), the county veterans service officer, the department, or any person with written authorization from the discharged person or that discharged person's dependents". Any DD 214s that the Wisconsin Department of Veterans Affairs (WDVA) or the County Veterans Service Offices has in their possession are also confidential documents under state law.

The County Veterans Service Officer Association (CVSO) and the Wisconsin Register of Deeds Association (WRDA) encourage all veterans who have not done so to register their DD 214s with the county, free-of-charge, to ensure safekeeping of this important document which is used to obtain veteran's benefits from the state and federal government. The confidentiality and privacy of the document are well protected under state law.

Veterans who have filed their DD 214s outside the State of Wisconsin should check with your respective state's custodian of records as to the confidentiality of your record.