December 2004
VETERANS BENEFITS UPDATE |
|
|
The Next Generation
|
|
BY LEONARD SELFON, DIRECTOR,
VETERANS BENEFITS PROGRAM |
In the spirit of our motto, “Never
Again Will One Generation of Veterans Abandon Another,” VVA has
focused its attention on the men and women who have returned
from Operation Enduring Freedom (OEF) and Operation Iraqi
Freedom (OIF). With large numbers of OEF and OIF returnees
facing separation from military service due to injuries, thought
must be given to insuring that they are prepared to make the
transition from active-duty personnel to veterans.
Injured
service personnel with residual disabilities often are placed on
medical hold prior to discharge. During this time, they may be
evaluated for their continued fitness for duty by a
medical/physical evaluation board (MEB/PEB). There are several
scenarios for disabled servicemember’s separation: permanent or
temporary disability retirement (accompanied by a disability
percentage rating that is not binding on future VA claims
adjudicators); disability discharge with severance pay; or
disability discharge without everance pay. Disabled individuals
facing these procedures have the right to a full and fair
hearing prior to the military’s decision, unless they
specifically waive that right. If the servicemember has received
private medical treatment for the conditions in question,
clinical records corresponding to such treatment should be
obtained and presented to the MEB/PEB.
The service
may offer a disability retirement package that could result in
higher payments than corresponding VA disability compensation
payments. Careful thought must be given before the servicemember
accepts the military’s proposal. For purposes of this
discussion, we will concentrate on the situation in which the
servicemember is discharged without a medical retirement.
Prior to
separation from service, the servicemember should attempt to
obtain a complete copy of his or her service medical records.
These records should include the service entrance and separation
examinations (including self-reports of medical history),
inpatient and outpatient treatment records, any interim
examination records, and copies of the MEB/PEB reports. The
records should be kept in a safe place. One of the first things
that happens when a veteran files a VA claim is that the VA
requests copies of the service edical records from the National
Personnel Records Center in St. Louis. After the claim is filed,
the veteran or his or her authorized service representative can
compare the records that the VA received with the records that
the veteran obtained from the military.
It is also a
good idea to collect letters and audio or video tapes that the
servicemember might have sent home while deployed. They can be
used later to help corroborate physical or emotional trauma that
occurred during the deployment.
Servicemembers
who experienced traumatic events that could have engendered
Post-traumatic Stress Disorder
(PTSD) should write down the details of the event (time,
location, and nature of the event, who was there, and who they
spoke to about it), as well as their thoughts and feelings at
the time and at present. Capturing the details while they are
still fresh in the mind is an important safeguard in the event
that PTSD does not manifest for a long time. It also can serve
to refresh the veteran’s recollection and lead to securing more
evidence when needed. Similarly, if the servicemember is
suffering from a chronic condition or is experiencing an
increase in the severity of symptoms, a daily journal describing
the symptoms will help the VA assign a disability rating to the
condition once it has been service-connected.
Finally, a
claim for VA disability benefits should be filed as soon as
possible. Under current VA law, the effective date of an award
of service connection is the day after a veteran separated from
military service, if the claim is filed within one year from the
date of discharge. The VA now will accept a claim for service
connection prior to the servicemember’s separation from service.
Some military bases allow veterans service representatives and
VA personnel on base to help claimants file VA claims. In
addition, military separation examinations, if conducted under
VA protocols, also can serve as compensation and pension
examinations for VA benefits purposes.
Military
personnel who have returned from serving in OEF and OIF should
contact an accredited veterans service representative before
discharge from the service. A state-by- tate list of available
VVA service representatives is located on our web site. Go to
www.vva.org and click on
“Veterans Benefits.”
|
