about the va welcome kit

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WHAT IS A VETERAN? MAKE THIS DISTINCTION FIRST!

"The term "veteran" means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable." Link for details.

CONSIDER THE VA AGENT ORANGE REGISTRY SERVICE-

This is a physical exam and laboratory testing that is based on recollections of service that will then put the Vietnam Veteran in a registry that will alert the veteran of any possible long term effects of Agent Orange. It is best to get into the VA System before you develop health issues related to Agent Orange. This costs nothing to do this. Then, if God forbid, you develop health issues related to Agent Orange, you will already be in the system, which will save precious time!  

SURVIVORS OF VIETNAM VETERANS MAY ALSO BE ELIGIBLE FOR ADDITIONAL BENEFITS. Please look for information and links below on this page. 

IF YOU THINK YOU ARE ALREADY IN THE SYSTEM AND YOU WANT TO UPDATE YOUR CLAIM.   VA Regional Office Link or call 1-800-827-1000

• Apply for consideration with your local VA Regional Office-(NOT a VA Hospital) Link to VA Regional Office

• In case you need a list of every VA Facility,  Here’s a link for all VA Facilities by state

• Become a member of  your local American Legion. It may be just down your street or located in your VA Facility.  Here’s a link to help you find your local American Legion.

A LIST OF WHAT DOCUMENTS YOU NEED TO CONNECT WITH THE VA FOR HEALTHCARE & BENEFITS -

• Your Social Security Number

• Your Discharge Information Document - DD214

• Your Current Health Insurance Card

• Last Year's Gross Household Income (Use your Tax Return)

• Your Deductible Medical Expenses from Last Year (Use your Tax Return)

• Apply for VA Healthcare

• This is the Link to Apply for VA Health Care 

• After you make your application, the VA will contact you for further appointments.

• If you need help with your application, your local American Legion can help you.

• If you choose someone to help you make your claim, make sure they can truly help you! Make sure you know your representative is qualified before you sign a power of attorney appointing him or her as your representative.

• You will then go through an eligibility process,. This will involve a physical and an intake interview.

• The physical and intake interview will determine your service connected conditions and percentage of that.

• You may receive health care, benefits, VA access to drugs either free or a reduced cost, and survivor benefits.

When you send your claim, make a copy for your records and send it to your VA Regional Office, Registered Mail, Return Receipt Requested. If you don't hear from the VA within 30 days, call 800-827-1000.

In case you can’t find your military records, you can get one free copy of your military personnel and medical records by clicking this link to submit a form SF-180 via mail or fax. 

You may also send a letter requesting your records to:

National Personnel Records Center

1 Archives Drive

St. Louis, Missouri 63138

Here’s a link for additional information about records 

(This method can take time and can increase your frustration.)

The VA Welcome Kit is a good resource. LINK: VA WELCOME KIT  (All the links are live within this document.)

Quick Link Page to Important VA Welcome Guide PDFs! Link: Quick Link Welcome Guide PDFs 

If the VA Regional Office determines that your disability is not service-connected, or if the evaluation of your disability is lower than you think is fair, you have the right to appeal to the Board of Veterans’ Appeals in Washington, D.C.

STEPS TO APPEAL -

• File a written Notice of Disagreement with the VA Regional Office within one year (365 days) of being notified of the denial.

• Request a written copy of the rating decision.

Notice of Disagreement Letter Should Have: 

1- Date of the VA’s letter of denial. 

2- Claim number. 

3- List of benefits you are still seeking.

• Make a copy for your records. 

• If you miss the one-year deadline for sending your Notice of Disagreement letter and have not requested an extension, the decision of the VA Regional Office may become final. 

HOW TO RE-OPEN YOUR CLAIM-

• You can re-open your claim at the VA Regional Office if you provide new and material evidence supporting your claim.

• The effective date of your claim will change.

APPEALING YOUR VA DECISION-

You have 3 Choices:

• Supplemental Claim – When you want to add new evidence for your claim.  Attach your new evidence to a VA Form 20-0995

• Higher Level Review – When you have no new evidence but you want VA to review your case again. Submit a VA Form 20-0996

• Appeal to the Board of Veterans’ Appeals – If you want a judge to review your case. You will be able to select whether you want to add evidence or have a hearing with a judge. Submit a VA Form 10182

Check pages 41-42 of the VA Welcome Kit for additional information about the Appeals Process. Here’s the Link: VA Health Care Quick Start Guide  (All the links are live within this guide.)

Quick Link Page to Important VA Welcome Guide PDFs! Link: Quick Link Welcome Guide PDFs 

Surviving family members may be eligible for monthly VA Compensation Payments through the VA’s Dependency and Indemnity Compensation (DIC) Program.

STEP #1- 

WHO IS ELIGIBLE? 

You Must Meet One of the Following Criteria:

• You were married to the veteran at the time of death, and you had lived with the veteran from the date you were married until the veteran’s death, unless separation occurred because of the veteran’s misconduct without fault on your part; you are not currently married, remarried after age 57; or you are not currently living with another person and claiming to be the spouse of that person. There may be different rules that apply if you either were married to the veteran for less than one year or were in a common-law relationship with the veteran.

• You are a son or daughter of the veteran under the age of 18, are unmarried, and there is no eligible surviving spouse.

• You are a son or daughter of the veteran, 18 years old or older, and before you reached the age of 18, you became disabled and permanently unable to support yourself.

• You are a son or daughter of the veteran, unmarried, between the ages of 18 and 23, and are currently attending a VA-approved school.

• You are the surviving parent or parents of the deceased veteran. The term “parent” includes a biological, adoptive, or foster parent. A foster parent is a person who legally stood in the relationship of a parent to the veteran for at least one year before the veteran’s last entry into active duty. Eligibility for dependent parents’ DIC is need-based. When countable income exceeds the limit set by law, no benefit is payable. Income limits are adjusted annually.

STEP #2- 

PROOF  OF EXPOSURE-

You must show that the veteran was exposed to Agent Orange in one of the places where VA presumes herbicides were used and the veteran developed one of the illnesses/diseases considered by the VA to be presumptively related to exposure to Agent Orange, and that the illness/disease was the principal or a contributory cause of the veteran’s death.

NOTE: These eligibility requirements can be met, even if the deceased veteran never applied to the VA for disability compensation before death; or if the veteran had applied for compensation before death, but the claim was denied; or if the claim/appeal was pending at the time of death. 

BEFORE YOU FILE A DIC CLAIM:

• Use VA Form 21P-534EZ or call 1-800-698-2411.

STEP 1- INTENT TO FILE -

• It’s important to establish an Intent to File with VA to get the earliest possible effective date. 

• Submit Intent to File -VA Form 21-0966 by mail or fax or call 800-827-1000 and let the representative know that you would like to file a claim for survivors’ benefits.

STEP 2 - APPLY -

• Submit a VA Form 21P-534EZ. Submit within one year of the veteran’s death, but you can apply anytime.

STEP 3 - ADD EVIDENCE -

• Use Steps 1-2 Above For Lists of Evidence

ADDITIONAL EVIDENCE FOR DIC PROGRAM-

• Social Security Records– Include any application for Social Security Survivors’ Benefits that you filed after the veteran died. This could impact your effective date for DIC benefits.

• Death Certificate – Include a copy of the veteran’s death certificate.

Step 4: Appeals – If VA denies your claim, follow the appeals procedures Steps #3-4 above. 

Check pages 45-46 of the VA Welcome Kit for additional information about Survivor Benefits. LINK: VA WELCOME KIT  (All the links are live within this document.)

Quick Link Page to Important VA Welcome Guide PDFs! Link: Quick Link Welcome Guide PDFs 

SOME THINGS TO CONSIDER-

• Compensation may be less during incarceration, especially if you committed a felony.

YOU NEED TO FILE A CLAIM-

• The claim is the same. (Refer to Steps 1-2  at the top of this page).

• May not be able to access VA for medical exam.

• May have to have facility doctor conduct exam.

• Have your facility doctor get and use the VA Physician’s Guide to Disability Evaluation Examinations and Rating Schedule by contacting your nearest VA Regional Office.

• You may have to invoke the federal Freedom of Information Act.

ANOTHER WAY TO ACCESS THE VA MEDICAL EXAM-

• Another way to access the VA Medical Exam is to submit a petition to your facility administrator asking that they request that a VA doctor visit your facility.

WHAT TO INCLUDE WITH YOUR PETITION-

• I am a Vietnam Veteran and I think I was exposed to Agent Orange during my tour of duty. In order to make my case to access the health care and benefits connected to Agent Orange and the Presumptive Conditions associated with this, I need a VA Medical Exam. 

• Because of restrictions, I may not be able to travel to the VA for the proper exam. Could you request that a VA doctor visit this facility to make the proper VA Medical Exam to begin my Agent Orange Claim?

• Make sure you include accurate information and evidence of your Vietnam record. (Look at the information at the top of this page.)

• Be sure to thank anyone involved with your case!

LINKS FOR FORMS-

• MOST CLAIMS FORMS AND RECENT RULES

• eBENEFITS ONLINE APPLICATION FOR COMPENSATION

NOTE-Veterans should consider filing claims with the assistance of a representative of a Veterans Service Organization (VSO). 

• Also, notifying the VA of your Intent to File may entitle you to an earlier effective date.

SOME ADDITIONAL STANDARDIZED FORM LINKS –

1- VETERAN OR SURVIVOR APPLICATIONS FOR DISABILITY COMPENSATION OR PENSION - 

• Veterans Disability -  VA Form 21-526EZ-Application for Disability Compensation and Related Compensation Benefits.

• Wartime Veterans Pension - VA Form 21-257EZ – Application for Pension.

• Survivors Dependency and Indemnity Compensation (DIC) - VA Form 21-534EZ- Application for DIC, Death Pension, and/or Accrued Benefits.

2- NOTICES OF DISAGREEMENT WITH ANY ASPECT OF THE VA'S DECISION ON A DISABILITY CLAIM -

• Veterans Disagreeing with a VA Compensation Decision - should use VA Form 21-0958- Notice of Disagreement

• Currently, veterans and survivors are not required to use a standardized notice of disagreement form to initiate appeals of pension or survivors benefit decisions. The VA has replaced informal claims with an Intent to File a Claim.

AN INTENT TO FILE A CLAIM MAY BE SUBMITTED IN 1 OF 3 WAYS - 

1- Electronically via eBenefits or with the support of a Veterans Service Organization (VSO) through the Stakeholder Enterprise Portal

2- Completing and mailing a paper VA Form 21-0966 - Intent to File a Claim for Compensation and/or Pension, or Survivors Pension and/or DIC

3- Over the phone with a VA call center or in person with a public contact representative.

A list of VA Phone Numbers

Veterans can appoint a duly authorized representative, such as a VSO, who can notify the VA of your intent to file using the list above.

Don’t forget you have one year (365 days) after you’ve submitted your Intent to File a Claim to complete the required Application Form that will be sent to you. Use the one-year period to gather evidence to support your claim to submit with your Application Form.