Veterans

Part 2:    Proving Injury in Service

Once you’ve proven you are a veteran, how do you prove that your current disability was caused by something that happened to you in the service?

The VA can pay compensation for a condition that was incurred in service, for a condition that existed before entry into service that was aggravated during service, or for a disability related to a disease that is statutorily presumed to be related to service.

If you were injured or contracted a disease while in the service, and you are currently suffering from a disability, you have to prove that the injury or disease occurred while you were in the service, that there was medical evidence of your injury or disease while you were in service, and you must provide medical evidence that you are currently disabled.  There should be some evidence in your military records that an incident occurred, or that you contracted a disease while you were in the service.  If there is no evidence of the incident in your record, you can use your own statement and or statements of those who were with you when the incident happened to prove that you were injured.  Then, the VA may be required to get your military healthcare records from military hospitals and doctors that show that you were treated for an injury while you were in service.

Part 1:  How Do I Prove I Am A Veteran?

When a member of the armed services leaves the military and then later develops a disability, what do they have to do to prove the disability was caused by their services?

There are three things that the veteran must prove in order to receive a decision that the disability is service-connected, which could entitle them to “compensation” from the VA.

1^st, they have to prove that they are a veteran.  2^nd they have to show that they have a disability and 3^rd they have to show that the disability is most likely related to something that happened while they were in the service.

A 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.” 38 C.

Although it may seem that defining a military veteran should be easy, the term “veteran” may be defined differently depending on the calendar years the person served in the military, whether the person was in the Reserves or National Guard, and it may be defined differently based upon the programs or benefits the person is seeking.

The basic definition of a veteran is “a person who served in the active military, naval or air service, and was discharged or released under conditions other than dishonorable. 

The first prong in the definition, then, requires “active service.”  So, what is “active service”?

According to the VA’s manual, active service includes “active duty” defined as full-time duty in the Armed Forces, other than active duty for training.  In addition, active duty includes any period of active duty for training in which the individual became disabled or died from an injury incurred or aggravated in the line of duty; or from an acute myocardial infarction, cardiac arrest, or cerebrovascular accident occurring during such training.

Survivor’s Benefit – DIC

Mary’s husband was rated 100% service-connected for a cancer related to Agent Orange exposure.  After receiving Compensation for a number of years, Mary’s husband dies of the cancer.  Mary is 76, and is no longer able to care for herself in her home. She can no longer bathe or dress herself, and she needs someone to manage her medications.

What benefits are available to Mary?  What about other surviving spouses or dependent children of veterans?

There are two monetary benefits available to the surviving spouses or dependent children of veterans.

Is there any connection between diseases or disabilities that show up after a veteran has been released from service?

If a veteran is discharged from service, and then develops a chronic, tropical, prisoner-of-war related disease, or a disease associated with exposure to an herbal agent, which manifests itself to a compensable degree (generally 10%) within a specified period after discharge from service, it is possible that he/she may receive a service-connected disability rating and compensation for that disability.   There is a whole laundry list of chronic diseases that, even if there is no evidence the veteran had symptoms while in service, are presumed to have been caused by their service.  If those diseases cause the veteran to be disabled – to lose some ability to earn money- the VA will award a monetary amount based on that disability.

The presumption means that the veteran does not have to provide proof that the disease was incurred in the service, as long as the disease shows up within a certain period of time, which may be different for different diseases.  That period of time is called the presumptive period.

The death of a veteran is always a difficult time for the family, but there are some benefits available to the veteran’s family that might make his or her death a little less financially difficult.  Veterans who were discharged under other than dishonorable conditions are eligible for burial in a VA cemetery, a burial flag, and may be eligible for a one-time burial allowance, a funeral expense and a plot interment allowance.

Although the veteran cannot reserve a space, a veteran can be buried in one of the 131 national cemeteries located in 39 of the states the U.S.  and in Puerto Rico if there is space in the cemetery.

Featured Article by Thom Corrigan, MSW, CMC

Each March we are asked to celebrate Social Work month. For some, this means sending a note or an e-mail to a social worker we may know. For others, it may be treating a social work colleague to lunch or bringing them a plant or some flowers to show our appreciation for them.

But this year, I invite you all to celebrate what social workers do, in addition to who they are. Social workers possess many traits and skills. These include being trained to serve as advocates and brokers for our clients. Social workers have developed skills in the areas of empowerment, resourcefulness, problem solving and helping people with transition. They help people to learn new skills while at the same time, helping them to regain confidence, self-esteem, self-determination and resilience. Social workers do this in part by modeling, teaching, empowering, counseling and developing in a person the traits and characteristics that will lead to better outcomes and create a heightened sense of accomplishment and independence.

Each year, the National Association of Social Workers (NASW) creates a theme as part of its celebration for social work. This year's theme is "Weaving Threads of Resilience and Advocacy: The Power of Social Work."   Lastly, did you know that Social Work is the only profession that has the word "WORK" in its name? I find that interesting-

Happy Social Work Month to all my professional peers and colleagues and thanks for all that you do to help people with their everyday needs and challenges!

Thom Corrigan, MSW, CMC
Certified Care Manager

Expressing appreciation for the assistance received from caregivers is something that not many think about, but is certainly needed. Now some may say, “Why should I be grateful for help from someone I am paying?” Or in the case of family caregivers, “Aren’t family members supposed to take care of each other?” Research shows, however, that not only does expressing appreciation make the caregiver feel better about what they do, but also that the people expressing gratitude have a greater sense of well-being.

Expressing appreciation for something your caregiver has done for you does not require the eloquence of a public speaker, only a few words are all that it takes. Examples of some things to say thank you for are : “Your gentleness when helping me change positions really minimizes my pain. Thank you.

Patti will be speaking at the Benton House of Johns Creek about the new changes for 2013.

Learn about valuable information that can help you plan for this year!

Patti will be there from 6:30pm-7:30pm and will be availiable for questions after.

Refreshments provided

It is that time of season again! While we fret over  getting gifts for our children or doing more cleaning than we have done all year because the in-laws are coming, we are forgetting one important thing this holiday: our health. I am sure you have seen the advertisements Pharmacies and Drug Stores put out about getting the flu vaccine, but how important is it?

The CDC says that, 'Influenza is a serious disease that can lead to hospitalization and sometimes even death.'  Even I have to admit, I did not think that the Flu was serious enough to cause death, but in reality it does. In fact, over a period of 31 seasons between 1976 and 2007, estimates of flu-associated deaths in the United States range from a low of about 3,000 to a high of about 49,000 people. That is not a small number.

The Internal Revenue Service (IRS) is increasing the amount taxpayers can deduct from their 2013 taxes as a result of buying long-term care insurance.

Premiums for “qualified” long-term care insurance policies (see explanation below) are tax deductible to the extent that they, along with other unreimbursed medical expenses (including Medicare premiums), exceed 7.5 percent of the insured’s adjusted gross income. This threshold is rising to 10 percent on January 1, 2013, although it will remain at 7.5 percent for taxpayers 65 and older through 2016.