If a veteran contracted COVID while on active duty or were Guard Reserves and was active or called up for at least 48 hours from 1 March, 2020 and 5 January, 2024 (currently) and contracted COVID within 14 days or less, then it is a presumptive service connection. Complications including long haul complications can then also be rated.
COVID itself is considered an acute illness and is not itself ratable.
Respiratory, mental health/fatigue, Chronic Fatigue Syndrome (CFS if actually diagnosed), headaches, joint or muscle pain, Rash, fibromyalgia, complete loss of smell or taste lasting 6 months or more can be rated.
If you contracted COVID past the 14 day limit, each claim will be handled on a case by case basis.
If you were discharged due to COVID and complications; if those complications are 20% or less you can be medically discharged. If 30% or more, then you can be medically retired.
Contact your accredited VSO, clai9ms agent or attorney for more information.
https://www.cdc.gov/coronavirus/2019-ncov/long-term-effects/index.html
I decided to post this but before you get excited, this has yet to pass the Senate and it may not be in the current form. The Senate is expected to address this after Memorial Day 2022.
I am posting because if it does pass, this will require specific forms. If previously denied, it will require a VBA Form 20-0995.
If you never filed this will be a claim either online or by filing a VBA Form 21-526EZ.
You can file now but effective dates will be the date it is signed into law.
Get your claims ready. Get personal, spouse, family, friends and co-worker statements ready describing the impact of each condition on daily life, work and quality of life.
It is also likely there will be conditions placed on some including a diagnosis within a certain amount of time after discharge.
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Expand VA health care eligibility to Post-9/11 combat veterans, which includes more than 3.5 million toxic-exposed veterans;
Create a framework for the establishment of future presumptions of service connection related to toxic exposure;
Add 23 burn pit and toxic exposure-related conditions to VA’s list of service presumptions, including hypertension;
Expand presumptions related to Agent Orange exposure; Includes Thailand, Cambodia, Laos, Guam, American Samoa, and Johnston Atoll as locations for Agent Orange exposure;
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Diseases Specified for GW exposure (Some include Afghanistan).—The diseases specified in this subsection are the following:
The following types of cancer:
Head cancer of any type.
Neck cancer of any type.
Respiratory cancer of any type.
Gastrointestinal cancer of any type.
Reproductive cancer of any type.
Lymphoma cancer of any type.
Lymphomatic cancer of any type.
Kidney cancer.
Brain cancer.
Melanoma.
Pancreatic cancer.
Glioblastoma.
Respiratory conditions:
Chronic bronchitis.
Chronic obstructive pulmonary disease.
Constrictive bronchiolitis or obliterative bronchiolitis.
Emphysema.
Granulomatous disease.
Interstitial lung disease.
Pleuritis.
Pulmonary fibrosis.
Sarcoidosis.
Chronic sinusitis.
Chronic rhinitis.
Asthma
I do not agree that filing for VA disability compensation is all about money. It is also about benefits. For instance, in 2003 (just before the war) Congress in a 'cost saving' effort cut eligibility for all Veterans to VA healthcare and added an income test. So, if you get service connected, you now do not need the income check.
Also, if you are thinking 100%...wow, that is about money. In one way it is. However, the difference between 90% and 100% is disproportionally large at $1,243 more versus a change of $205 between 80% and 90%. In an ideal world, the VA and Congress would increase the pay between 10% and 90% to be more proportional. But, you are talking trillions to do that.
In addition, in my ideal world, the benefits would be the same across the board. As an example, why should a person with 10% service connection not get travel pay for their healthcare like a Veteran with 30% or more? Or, dependent pay? Or, why should copays be such a big deal? Make VA healthcare available at no cost or at least with no income check and you would see disability claim numbers drop. I know a lot of people that are told to file a disability claim just so they get VA healthcare.
So, back to 100%. First, it used to be a big deal to get a base ID. Now, not so much. However, dependent healthcare is a big deal. So, if you get 100% or 100% IU you can also get P&T status. That now makes your dependents eligible for Chapter 35 education assistance as well as CHAMPVA healthcare. I do not agree about the VA's definition of Permanent (Or SSA's or state definitions). Permanent, as in P&T should be any 100% or IU rating that is not temporary. So, the correct definition of temporary is hospitalization or convalescence or cancer that may go into remission. I even hear Veterans call any disability 'temporary'. If you are rated for degenerative disc disease, is that really temporary? No. You can improve, but the condition is still there.
So, I celebrate any approved claim from 0% to 100% and above. Many times, dealing with extremely busy VSOs or filing claims can be stressful. Is it all about money? Not in my opinion. It is about compensation for injuries incurred or aggravated by your time on active duty. It is about how your ability to work has been impaired, even slightly. It is about providing for your family in the best way you can.
Unfortunately, in the real world, we have to deal with what we have. Do not put others down for filing claims or continuing to file claims. That is their right. We do not support 'fishing for claims' but legitimate questions are welcome.
Not every Veteran will get to 100% or deserves 100%. Not every disability is the same. Your neighbor or that guy at the end of the bar may be MUCH worse that you and you may not see it.
If you ask 'What do I say to get 100% for my PTSD'...nope. Ask your VSO or advocate. They may coach you as to what to say and what not to say. I personally will tell you to tell the truth and not hold back.
If you ask what does the CFR require for 100% for PTSD...legit question.
Stay safe, everyone.
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Consider: If you were injured in a car accident last year and it was not your fault. Would you want the 'at fault' insurance to pay for your healthcare? Would you turn down a settlement from the insurance company for your injuries? VA disability compensation is the same thing.
Before everyone gets too excited … you have a few weeks to learn how it works… or hopefully you took the time during the pandemic. Open immediately but looks like mid May until they are in full swing.
This is important for those who have a DoD ID card such as military retirees and 100% or TDIU (P&T status not required). Must have a DoD ID card and is for veterans and dependents.
Category 6 (Cat VI) is leisure travel INCONUS, Hawaii, Alaska, and US Territories.
This is a good Facebook group if you have questions.
https://www.facebook.com/groups/325711150854371
The American Legion is warning veterans about a North Carolina-based company it says preys on service members.
Veterans Guardian is based in Southern Pines but advertises itself to veterans across the country. The company says it can help veterans increase their disability benefits. In exchange, Veterans Guardian charges five times the amount of a veteran’s monthly benefit increase.
Many veterans choose to hire the company to help them apply for benefits despite the fact that other groups—including the American Legion, VFW and, in North Carolina, local government veterans service officers—provide similar services for free.
Navy veteran Scott Patterson told WBTV in 2020 the company used his login credentials to submit his benefit claim and then sent him an email confirming his claim had been submitted.
Marty Callaghan, Deputy Director of Benefits and Claims for the American Legion, issued a warning to his organization’s members last month.
“These companies are getting rich off of our veterans,” Callaghan said. “They’re basically, well, what can I call them? A pack of vultures.”
Callaghan called Veterans Guardian “a predatory claims company” in the message sent to American Legion members.
https://www.wbtv.com/2022/04/01/pack-vultures-american-legion-warns-veterans-about-nc-company/
Many of you have received this letter, or will soon. The VA just wants to let you know that because of mail delays last year due to COVID, deadlines to respond to the VBA (or to submit supporting evidence) were extended by 90 days. So if you would benefit by submitting anything in response to any deadlines of which you were notified by VA mail dated between July 13 and December 31, 2021, you should go through it and see if you still have time left to do so. But don't wait, because even the 90 day extension will have lapsed for most claimants by now.
As tax time approaches, I'd like to re-post this since this is once again going around.
You see some post going around Facebook saying your retirement pay should be tax free if you are 100%.
That IRS PUB 525 clearly is only if you are receiving Combat Related Special Compensation (CRSC) based on a 100% rating or you are TDIU (Individual Unemployability) based on a combat related injury or condition.
And, if that is the case, it is automatic!
Please, do not spread false info. Do not be led down the rosy path!
What retirees can do is drop withholding to $0 by sending in a new W-4 but you WILL STILL BE OBLIGATED to pay taxes on retirement pay that is not CRSC. That will result in a much larger tax bill at the end of the year and very likely no refund.
From IRS PUB 525:
Military retirement pay. If your retirement pay is based on age or length of service, it’s taxable and must be included in your income as a pension on lines 5a and 5b of Form 1040 or 1040-SR.
Conditions for exclusion. Don’t include the disability payments in your income if any of the following conditions apply.
1. You were entitled to receive a disability payment before September 25, 1975.
2. You were a member of a listed government service or its reserve component or were under a binding written commitment to become a member, on September 24, 1975.
3. You receive the disability payments for a combat-related injury. This is a personal injury or sickness that:
a. Results directly from armed conflict;
b. Takes place while you're engaged in extra-hazardous service;
c. Takes place under conditions simulating war, including training exercises such as maneuvers; or
d. Is caused by an instrumentality of war.
4. You would be entitled to receive disability compensation from the VA if you filed an application for it. Your exclusion under this condition is equal to the amount you would be entitled to receive from the VA.
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Please note that #3 is CRSC!!!
Military Times - Veterans Affairs’ caregiver support programs need a significant overhaul to correct deep-seated flaws within current operations, veterans advocates told lawmakers Wednesday.
VA caregiver program needs total overhaul as problems mount, advocates say (militarytimes.com)
16 Feb 2022
Military.com | By Patricia Kime
All Navy/Marine Corps discharge upgrade requests from March 2, 2012 to February 15, 2022, will be reviewed and reconsidered due to a settlement that has been approved through a class-action lawsuit which alleged that the Navy and Marine Corps wrongly discharged members for behavior that may have been related to trauma or an injury they endured while serving.
The Navy must review thousands of general and other-than-honorable discharges awarded to sailors and Marines over the past decade for behavioral problems that may have stemmed from a military-related mental health condition or sexual assault.
'Bad Paper' Discharges of Some Marines and Sailors to Get Second Look | Military.com
4 Mar 2022
Military.com | By Patricia Kime
The Department of Veterans Affairs hospital in Spokane, Washington, suspended patient admissions and most outpatient appointments Thursday after the facility's electronic health records system was found to be corrupted.
Mann-Grandstaff VA Medical Center Director Robert Fischer sent an email Thursday morning to staff ordering them to stop using the digital records system "until further notice" and assume that "all electronic patient data is corrupted/inaccurate."
VA Hospital Suspends Patient Admissions After New Medical Records System Crashes | Military.com
Local health conditions in the St. Louis area have improved and the NPRC will resume normal operations beginning March 7, 2022.
The VA Proposes Closing a Dozen Hospitals, and Using Pay to Attract Workers to New Locations
Department also recommends closing 172 outpatient clinics, though it would build new nursing homes, hospitals and other health care facilities as well.
MARCH 14, 2022 05:59 PM ET
Eric Katz
Senior Correspondent
The Veterans Affairs Department on Monday recommended closing a dozen of its hospitals without building direct replacements, though it would also build nine new facilities as part of a sweeping plan to overhaul its health care network.