Bill Smith
VA expects 700,000 more retires to seek disability ratings
Fri Dec 13 04:01:51 2002
208.152.73.166

From: Todd Homman (Original Message) Sent: 12/8/2002 7:56 AM
Article from Tom Philpott of Military Updates. If you are going to file a VA claim for upgrade, do it now. As Tom explains, once concurrent receipt is less for 60% of higher (unless Sen. Reid's amendment is adopted), there will be a slew of claims to get to 60%

VA expects 700,000 more retires to seek disability ratings by Tom Philpott

The Dept. of Veteran Affairs expects disability compensation claims from military retirees to soar when Congress, later this year, passes a law to restore full retired pay to career retirees with VA disability ratings of 60% or higher.

Roughly 700,000 retired military members -- about one of every three -- receive VA disability compensation for injuries of illness tied to their service, said Brad Flord , a senior official with the VA compensation & pension service. That number could double in five years, Florth said, so that 70% of 2,000,000 military retires could be drawing tax-free disability pay from the VA. Many of the new claimants now qualify only for Defense Dept. disability retirement but will shift to VA disability rolls.

Another 118,000 retires now drawing VA compensation will seek a new review of disabilities in the hope that their ratings will be raised to what will be the lucrative threshold of 60% or higher.

Driving the anticipated flood of VA claims is congressional action to restore full retired pay to the most severely disabled career retirees. Under current law, retirees who accept VA Compensation see their retired pay fall an equal amount, the result of 110 year old law that bans concurrent receipt of VA payments & service retirement. So the only reward for VA disability rating is a tax break. For many retirees, that will soon change.

The House last month passed a 2003 defense authorization bill with a provision to phase out, by 2007, the retired offset for VA disability ratings of 60% or higher. The Senate will pass similar provision soon.

The Senate is also expected to pass an amendment to lift the ban on concurrent receipt immediately, & for all disabled career retirees. That idea is not funded, however, & likely will not survive during a House_senate conference committee. conferees also must decide on a House-Senate conference committee. Conferees also must decide on a start date of phase of limited concurrent receipt. The House wants to begin Oct.1,; Senators propose Jan. 1.

VA is quite sure how many retirees stand to benefit from the 60% rule. One recent estimate is 80,000. whatever the right number, these retires are in line for a substantial pay boost -- a minimum of $790 a month for 60% disabled, on up to a minimum of $2163 a month for a 100% disabled. That will open a floodgate of new claims.

The VA last year paid $22 billion in disability pay. The figure is climbing. Indeed, the percentage of all veterans receiving disability compensation -- more that 9% -- is higher today than at any time in history, Flohr said.

From 1980 through 1999, the veteran population dropped by 13% yet the number of disabilities rose by 21%. Today's veterans are much more likely to file claims & win awards than pas generations. The Vietnam War lasted a decade; the Gulf War less than 4 months. Yet 391,000 Gulf War veteran draw disability pay, which is more than half of the 768,000 Vietnam, vets receiving the pay. Those who apply for VA. disability pay enter a "non-adversarial process" where staff are "required to assist veterans in any way we can" Said Floth. "The VA system is fairly unique in that regard."

Until a decade ago, claims went before a 3 member boards, which included a VA physician. Now they are processed by one of 1800 disability rating specialist at 57 VA regional offices. By, law the raters must serve as veteran advocates. Though they lack formal medical training, they read medical records & physician opinions to determine whether a disease or injury had its outset in service & how disabling it is now. They really rely only on service medical records but private physician statements, personnel records, & statements of veterans, friends, employers or anyone who can shed light on the source & severity of injury or illness. If the information still is insufficient, the rating specialist can order a VA medical exam, & often does. But it is left to the rating specialist to rule on service connection.

IF dissatisfied with the decision - & only 8% of applicants are -- the veteran has a year to appeal to a decision officer (DRO) in the VA regional office. The DRO discuss the case with the veteran, determined why he or she is dissatisfied & helps find new evidence toward a more favorable outcome. 20 to 25% of original decisions that are appealed get reversed, often because the DRO gathered more information.

Veterans still dissatisfied are given statement of the case & have at least 60 days to appeal to the Board
of Veterans Appeals in Washington, D.C. Other features of the process that favor veterans include:

Presumptive Diseases - Heart ailments, cancers, psychoses, diabetes, osteoarthritis & many other illnesses are presumed to be service connected if there is evidence of onset while in service of evidence of the disease or injury appears within a year of leaving service.

Combat testimonials - combat veterans are taken at their word if they claim an injury first occurred during combat, even if years later there is no written record support the claim & some negative evidence to dispute it.

We are required by statute to accept the combat veterans testimony regarding onset of a condition, "said Florh".

Reasonable doubt -- If some evidence is favorable to a veterans case & other evidence unfavorable, the veteran will get the award. Only when there is a preponderance of evidence against the claim is it denied.

Comments & suggestions are welcomed. Write Military Update, P.O. Box 231111, Centerville, VA. 20120-1111, or send e-mail to: milupdate@aol.com


Todd Homman
Walton, KY 41094
100% SC Disabled Veteran
Advocate for VA Reform
For GOD, Family, Country, Duty, Honor
DAV - Am Legion - Am Vets
GOD Bless All Those Who Served
Saepe Expertus, Semper Fidelis, Frates Aeterni,
"Often Tested; Always Faithful; Brothers Forever"
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likely to serve in any war, no matter how justified,
shall be directly proportional as to how they
perceive the veterans of earlier wars were Treated
and Appreciated by their Nation."
--George Washington
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Luke

BillS

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