Maura Clancy: Good afternoon everyone, therefore welcomed our Facebook Live Discussion for today. My name is Maura Clancy, I’m here at Chisholm Chisholm and Kilpatrick with MikeLostrittoand Kayla D’Onofrio. Today we’re gonna be talking about VA benefits for the spouses of disabled ex-servicemen. So before we get into our substances for today, as ever please feel free to leave any comments or questions that you have in the comments feed next to this video. We will do our best to go through the comments and questions that you announced there, and either make responses right in the comments feed instantly to you, or perhaps discuss some of the issues that we get during our discussion today if go lets. We have a lot of resources on our website at cck-law.com that go into more depth about the topics that we’re going to be talking about today, and any other things that we’re not able to get to. So also please feel free to reference any information that we have on our website which include blog positions and previous videos etcetera.And I think that takes care of the administrative nonsense so without further ado, we’re going to get started. One thing that we want to reference at the outset is that ex-servicemen who receives monthly compensation are sometimes receiving dependency benefits. Today we’re going to be talking about benefits that are specifically for spouses of incapacitated ex-servicemen. But Kayla, can you tell us what those addiction benefits are for generally when ex-servicemen are receiving those as one of the purposes of their monthly compensation? Kayla D’Onofrio: Yes. So when a ex-serviceman is combined at a 30% rating or more for their service connected disabilities, they are entitled to receive a little bit of additional compensation every month for each eligible relative. So that include spouses and eligible children as well. Maura: So the dependence benefits are built in to the veteran’s check. Kayla: Correct. Maura: Essentially every month. Kayla: Correct. Maura: So we– sometimes if you sounds reliance benefits or benefits that are being paid to a veteran to reflect that they have sure-fire relatives, those are still benefits that do go to the veteran as Kayla said. But now we’re going to start talking about benefits that are specific for spouses.These are separate and apart from the monthly compensation benefits that veterans themselves receive. So, one of the biggest benefits that we deal with on a fairly regular basis here are announced Dependence Educational Assistance benefits. So Mike, can you tell us about those types of benefits? We’ll call them DEA for today’s purposes, Dependence Educational Assistance. Can you tell us what DEA is and what it can be used for? Mike Lostritto: Yes, utterly. So DEA, as Maura just said, otherwise known as chapter thirty-five benefits so you may hear that term as well. It’s all referencing the same exact benefit.And this chapter thirty-five remarks the specific provision of the US code, that’s where that comes from. But these are basically benefits that are afforded to a veteran’s relative that recognize the fact that due to a veteran’s death and disability benefits, in this case, the marriage may be left in a position where they’re unable to have the resources to seek out educational assistance and other things that they might have otherwise had but for the fact that the ex-serviceman either passed away due to a service connected case, or severely disabled. And so these benefits come into form of tuition assistance for college, university, career train, repayments for licensing, certification analysis, on the job training, things like that, that’s the intent of these particular types of benefits. Maura: Okay that utters ability. And it’s good to know that these apply to different types of schooling. That’s not something that consequently you can glean from what DEA is but it does apply to different educational programs, which is helpful.And Mike, can you tell us how a marriage of a incapacitated veteran would be able to qualify for these benefits? What are some of the instances in which a veteran’s service or a veteran’s connected status would get the spouse eligible for DEA benefits? Mike: Yes, there are really a number of different ways, but some of the more common ways include if the ex-serviceman is deemed or granted what’s called permanent and total status for a service connected case, then the veteran’s spouse will be entitled to these DEA benefits. Only taking a step back for a few moments, what permanent and total status actually entails is that a veteran’s service connected position is rated a hundred percent, so total, and it’s deemed to be permanent in mood. And that exactly means that there’s really no reasonable likelihood that the condition is going to improve. And so if a veteran is granted what’s called permanent total status due to a service connected mode, then like I said, that’s one space for a spouse to receive these DEA benefits. There are other styles though. So if a veteran delivers away and the veteran oversteps apart due to a service connected malady, then the veteran’s spouse will also qualify for DEA benefits.And lastly, if a ex-serviceman again oversteps away but maybe it’s not certainly related to a service-connected condition but they otherwise have a service-connected condition that has been deemed to be permanent and total, as we were just referring to, and in so in that circumstance, a veteran’s spouse would also qualify for DEA benefits. There are some other kind of in the weeds type of requirements and things that a marriage can meet in order to get these benefits, but I would say, in at least in my practice, those are the three commonly used things that we encounter all the time.Maura: I foresee Mike is right. The biggest one that we generally see is the permanent and total status. And that in itself can be a confusing concept. So to be permanent and total, the ex-serviceman ought to have rated at a hundred percent. As Mike said, there has to be some awareness by VA that the disability is not going to improve hence the permanent requirement and the total disability rating pertains to the one hundred percent rating.You can have the P& T status, or permanent and total status, if you receive entitlement to TDIU or total disability benefits based on individual unemployability. That’s another thing to know. It doesn’t have to be a schedular one hundred percent benefit. But sometimes VA will grant you a one hundred percent rating and/ or TDIU, and not allocate permanent and total status. We do recognize questions on that a lot. Why does VA do it in some cases and not others? It’s kind of confusing to us even. So merely be aware that having a one hundred percent isn’t necessarily the end of the story. There “re going to have to” that P& T status as well. Mike: Yes. That’s a great point. As you said, TDIU does not necessarily mean that it’s permanent. So precisely be on the lookout for that. And often occasions, veterans will see if they received a grant for TDIU, the benefit, the DEA benefit will likewise be included in that grant so that’s something to be on the look out for.Maura: And how long are DEA benefits good for? I would imagine that it’s not just an unlimited extent of educational assistance that the spouse can receive. So can you tell us about how long a marriage might have to use those benefits or how long they’re entitled to those benefits? Mike: Yes. So the DEA benefits last for– well I should say a spouse is entitled to, up to thirty-five MONTHS* of DEA benefits. And so those benefits truly went into effect, if you will, in most instances ten years from the appointment either of the veteran’s death or from the time that these DEA benefits were granted.There are certain circumstances where a spouse will have twenty years in order to use those benefits. But that really is only in a situation where the ex-serviceman, unfortunately, passed out while on active office. Maura: Okay. Mike: So by far the most common scenario we is i, the death– the ten year period from either the year of demise or from the appointment the benefit is granted. Maura: And then the thirty-five months of benefits can be used throughout that ten year period? Mike: Yes. So–. Maura: Okay. Mike: That’s like the max, mostly the maximum which are beneficial that will be granted. Maura: And how do you apply for DEA benefits? So we view sometimes VA will concede DEA in decisions where they’re concede a veteran one hundred percent rating, based on their P& T status.But is there a specific application that a spouse needs to fill out to start getting those benefits coming to them? Mike: Yes. So like as you confounded to– like most things in the VA, it requires a veteran to– or the veteran’s spouse to fill out a sort and submit that to the Regional office. That constitute is VA form 22 -5 490. And so that’s a form that you can find on the VA’s website.If you’d like, take a look at it, engrave it out, and submit it. But as you also said that oftentimes these benefits are granted right off the bat. If a veteran is conceded permanent and total status or TDIU, and TDIU’s deemed to be permanent in mood, oftentimes we’ll examine V–A not always. But oftentimes we’ll interpret VA will also award DEA benefits as one of the purposes of that decision So when you open up your rating decision, you’ll see it right there. Ex-servicemen are too, you know, enduring marriages are likewise allowed to appeal those decisions that concede the potential benefits if they think they’re entitled to DEA, but it’s not awarded automatically in the decision. So that’s just another avenue in addition to, maybe filing the model to apply for the benefit.Maura: All privilege. Great, thanks. Mike: Yes. Maura: Kayla, I’m going to move on to you. We’re going to move on to a totally separate benefit for the spouses of incapacitated ex-servicemen which is the Civilian Health and Medical Program that VA presents. We refer to it as CHAMPVA really another acronym in the VA world. They’re fully completed. So Kayla, can you first tell us what CHAMPVA is? And how a veteran’s spouse might qualify for it? Kayla: Yes. So CHAMPVA is a healthcare program where VA will help to share some of the cost of certain medical expenses or services or medical paraphernalium to any eligible beneficiaries.So in order to be allowed to for a spouse to qualify for this benefit, the veteran must either currently be rated as permanently and totally disabled due to their service connected disorders or they were at the time that they passed away. They could’ve also died in the line of duty or died due to a service-connected disorder. Maura: Okay, and what kind of services are provided under CHAMPVA? So if someone is eligible for it, what might they expect to receive through this program? Kayla: So CHAMPVA will cover the costs of any medical service that’s saw medically or psychologically necessary. So some of the different sorts of services that they do offer assistance for, is ambulance services, sanatorium charge, full duration hold caution, specific inpatient-outpatient or mental health services. But there is a fairly wide variety of different services that they do offer assistance for.Maura: And this is pretty important because as we are all aware of, medical rates are through the roof for– it seems like everything. Kayla: Absolutely. Maura: So this can be– make a huge difference for the family of a incapacitated veteran, particularly for the marriage. Perfectly. Maura: If they can get entitlement to these benefits. Another platform that VA has is a Caregiver Assistance Program. This is something that they’re actually looking at currently as congress is working on the mission act and trying to implement the provisions of that. But can you tell us, first of all Mike, what the Caregiver Assistance Program is and how to be entitled to it? Mike: Sure. So this is a relatively newer program. It began in 2011. This is a program that really recognizes the fact that oftentimes, when veterans come home they require the service of a caregiver.And that’s– it can be a huge burden on the caregiver. And so these benefits were established to help alleviate that encumbrance. And so really the requirements for this particular platform are that the ex-serviceman has suffered a serious injury that impacts his or her activities of daily living. A serious injury you know, must be considered lessons such as TBI, PTSD, perhaps the loss of a leg. Those aren’t the only lessons but those are examples of a serious injury. And that would certainly impact the veteran’s aspects of daily living. And really the key to this benefit though is the time period. And so this program specific exploits, as at least currently, for ex-servicemen who helped on active tariff on or after September 11 th, 2001. And so as we’ll touch upon, precisely in a few seconds, there are efforts to expand that time period. But as of right now, the caregivers’ curriculum is certainly be concentrated on ex-servicemen from that specific period. Maura: Okay. And as Mike mentioned we might as well talk about it now. The assignment deed is an interesting wrinkle in this program because until the mission act, this is a program, as Mike said, that was extended to veterans who performed after September 11 th, 2001. And as Mike said, it entitles the veteran’s caregiver to basically assistance fees for the type of services that the ex-serviceman needs that come from more serious issues. Mike mentioned TBIs, agonizing mentality harms, PTSD, post-traumatic stress disorder, things that impede the veteran from being able to do their daily activities. The assignment ordinance has said that the benefits through this program are going to be extended to ex-servicemen who sufficed prior to September 11 th, 2001. Our understanding so far is that they are going to be extending these benefits firstly to ex-servicemen who dished prior to 1975, I belief? Mike: Yes. 1975 first. They’re basically implementing or trying to implement that in chapters. So first, prior to 1975. But– and then from 1975 to 2001 is the second phase. But there are currently, you are familiar with, this is a hot topic in the news recently and so perhaps you are familiar with it, but you know there’s been a lot of shelves and there’s been a lot of impediments with the roll out.We certainly have more information on our website if you’re interested in it. But I consider, suffice to say, it’s a programme that at least for now, veterans who acted on or after September 11 th, 2001, that’s the target of this particular program. And the benefits that are afforded for this program really involve things like refund for caregiver’s education, prepare, perhaps walk expense, lodging outlay when a caregiver has to go to a medical facility that’s far away. Perhaps a monthly stipend could be something that the caregiver would be entitled to under this particular program.So there is a whole array of different benefits that a caregiver can apply for, if they otherwise qualify under this program. Maura: And we’re employ the word “caregiver” but we really are sometimes referring to the spouse of the disabled veteran in these instances. Because we construe so often that the primary caregiver for a disabled veteran is going to naturally be family, and often terms the spouse. And as Mike mentioned before, there’s a huge burden that’s is available on spouses who have to play also the role of a caregiver and so this program can be very helpful in reimbursing those types of things that the caregiver needs to bare an expense for.Mike: Yes. And you are familiar with, this is another program that VA won’t come to you and ask if you would like to participate in. It’s really incumbent upon you as a caregiver to apply through Regional Office. There’s another form to fill in which too can be found on VA’s website. But like all things VA, this is going to require another– basically a claim or an application to be submitted. Maura: That’s a really good point, that VA is not going to be mailing you these applications.They’re not going to be doing any of the work for you really, to try to figure out if you might be entitled to these types of benefits. So definitely something to be aware of. And as Mike said, unquestionably look on VA’s website for the flesh that needs to be filled out.And another speedy push for our website likewise because we have been talking about multiple different types of benefits. For more information on anything that we’re discussing today, unquestionably feel free to cite our website at cck-law.com. So now we’re going to move on to addiction and reparation compensation. “Its probably” the first type of benefit that we think of, probably, when we think about benefits for the spouses of incapacitated veterans.So Kayla, can you tell us what dependency and indemnity compensation or DIC is? Kayla: Yes. So it is a compensation benefit which is why it’s really something that we’re very familiar with in our pattern because we do batch primarily with compensation business. It is a monthly benefit for the spouse for a ex-serviceman who died in action or died as a result of a service connected disability. Instead, if the ex-serviceman was rated at 100% or receiving that unemployability benefit for at least ten years prior to the date that they passed out, and the spouse was married to the veteran for that same ten years, they may also be eligible to receive this benefit. Maura: And are there other things that need to be shown for a spouse to be able to qualify for DIC? Kayla: Yes. So, in order for a spouse to qualify, they must have been married to the veteran within fifteen years of their removal where their disorder began or was aggravated.They must have also been married to the veteran for at least one year prior to the date that they passed out. They could have also had children with the veteran and been living with them up until they passed out. If they were separated from the veteran within that time, they just have to show that they were not at fault for that separation. Instead, if they are under the age of fifty-seven they cannot be remarried.However if they are over the age of fifty-seven and they remarry, they can still be eligible for DIC benefits. Maura: So these requirements get a little bit tricky. There’s a lot of age things that come into play. There’s the element of remarriages and other marriages, and children and things like that. So one of the things that we see is that VA asks you for a lot of information about your family history for applying for DIC. They do ask for marriage informed about previous matrimonies, information about children, etcetera. So what exhibit should people keep in mind as articles of evidence that are supportive and helpful in filing DIC claims? Kayla: So like you said, one segment of proofs that we would want to submit is probably a wedlock authorization. Merely to show VA that that wedlock was legally valid for the purpose of receiving benefits. If you’re applying for children, you would also want a birth certificate for “their childrens”. But specific for marriages, we’re looking for a marriage certificate and prior divorce orders from both the spouse and the veteran’s prior marriages.Another large-hearted bit of evidence that we’re usually looking for in our practice is the veteran’s death certificate. The extinction credential will, in most cases, roster the cause of death. And if the cause of death is one of the veteran’s service connected disabilities, it’s a very straight forward grant for VA in most cases they usually grant it right off the bat. But we can also be looking at contributory cause of death. So the primary cause of death does not have to be a service connected statu if another service connected condition did contribute to their passing. Sometimes that will likewise be listed on the death certification, but other periods it won’t be. We can still definitely make arguments to kind of work our lane around that. We might want to get medical suggestion from around the time the ex-serviceman passed away to help supplement that. Mike: That’s a great point. I’ve- you know, we’ve seen here where we’ve dealt with maybe an elderly veteran who specifically died and has listed on the fatality authorization as may be blunt force trauma to the head having dropped in a nursing home or something like that.But he was service connected for a knee ailment or a back mode which obliged him a sink probability. And he often came as a result of those assistance connected leg maladies. And so as you were saying, that could be a potential argument or an example of the type of arguing you might want to look at. Even though exclusively on the death credential it scheduled something that was apparently at least, unrelated to any service-connected condition there might be a link there. So that’s a good point and something to keep in mind.Kayla: Yes, utterly. It’s not always as straight forward as VA likes to make it seem. Mike: Right. Kayla: So you certainly want to be looking at some of those extra generates as well. Maura: And there are specific regulations that talk about the different ways that you can persuade VA that a service connected circumstance led to or contributed to the cause of death. So the things that Mike and Kayla mentioned are really helpful to keep in mind. If the fatality certification lists a service connected health as Kayla said, that’s an easier case generally speaking. There are never any guarantees in dealing here with the VA but those are definitely the easier bags. I feel safe saying that. But simply because the death certificate doesn’t list a service connected provision, isn’t the end of the story. Kayla: Correct. Maura: As Mike said, there’s plenty of samples where a service-connected condition might affect the vital organs of a veteran.And then they pass away and so there might be a link in the causal chain there that we could point too. Or that the marriage could point to in their claim for DIC. And regrettably, these contends do require medical evidence often if you’re dealing with things like that. We often need medical knowledge to help us persuade the VA that the service connected ailment played a role in causing the demise, and therefore that a grant of DIC is warranted. So definitely things to think about if that sounds like your circumstances. Because these can get a little bit tricky. Kayla: Absolutely. Maura: If the ex-serviceman dies and the cause of death is something that’s not service connected, is there still a space to maybe argue that the spouse is entitled to DIC? Kayla: Absolutely. The ex-serviceman doesn’t have to be service connected for anything when they pass away. And the spouse can still be entitled. VA will still, sort of go through that ordinary standard examine process where the marriage will file a claim and they’ll make a decision on it.It will be a little bit more complex of a decision making process. They’re going to be looking at whether that disorder is related to service. And then too whether that problem did campaign or contribute to the veteran’s death. Maura: Okay. And a common question that we get is, “What precisely is a DIC benefit in terms of an amount? ” So, we know that it’s not always the same amount that the veteran is getting when the ex-serviceman surpasses apart in terms of their monthly pay. So Kayla, can you tell us a little bit about that? Kayla: It is– the DIC rate currently is about $1,300 per month. It is distinct from what the ex-serviceman was receiving at the time they passed away. Unfortunately, when they pass away, their benefits do at that point start. So the moving frequency as of right is about $ 1,300 a month. And it does range, on a moderately yearly basis based on cost of living settings. Maura: That impels appreciation. And what about applying for DIC, how would a marriage of a disabled veteran go about doing that? Kayla: There is a form like Mike said, most things through VA do require forms.And as you said it does require a lot of information about your relationship with the ex-serviceman. So including your wedding record, their marriage biography. The shape is the 21 – -5 34 use that’s called the application for DIC accrued benefits and survivor’s pension. So it is a form that’s used for many benefits which we’ll go into a little bit later as well. But it is a moderately lengthy constitute to fill out for a spouse. Maura: Definitely a lot of information that’s needed. Kayla: Absolutely. Maura: And what will VA specified as the effective date? So if they find that you are entitled to DIC, how did they decide what the effective date is advisable to? Kayla: If the marriage data their argue within a year of the veteran’s death, the effective date is likely to be the appointment of the veteran’s death. However, if they do file outside of that one year point, it will merely be the day that VA receives the application. Maura: Okay. That draws feel. So sometimes, that gets tricky. It seems like it sees gumption be mentioned that the date of extinction would be the effective date, but that’s not always the case, unfortunately.So it’s definitely important to keep in mind when the species is filed, when the application is reached, and if it’s something that you are considering filing for, being aware of that one year deadline after the date of the veteran’s passing. Kayla: Absolutely. Maura: The next type of benefits we’re going to talk about are accrued benefits. So this trash can get a little bit complicated. Accrued benefits and DIC are sometimes in play at the same time. So Mike, tell us what accrued benefits are, how they differ from DIC, and when those might be in play. Mike: So, with DIC we were talking about a monthly continuing pay, basically going forward that the veteran’s spouse would apply for.Accrued benefits, that’s something separate. And with that, what the veteran’s surviving spouse is allowed to do virtually, is file on the same form, the 534, that you were just speaking about for accrued benefits and essentially step into the shoes of the ex-serviceman and continue its work with any pending declaration or plea that was pending at the time of the veteran’s death. So while they’re not going to be able to necessarily file a new declaration, if there is a claim or an appeal pending at the time of the veteran’s death, they’re allowed to apply to continue on with that entreaty, essentially and see that appeal to it’s conclusion.In order to do that, the veteran’s spouse would have to apply for what’s called substitute. And so that’s a separate form that the veteran’s spouse would have to fill out to allow them to, like I said, step into their shoes and continue its work with that pending appeal. Like I said, this isn’t a recurring payment, so we’re really just talking about retroactive benefits. If awarded, the veteran’s surviving spouse would be entitled to accrued benefits for the pending demand back to the date of the amount claimed. But merely up until the time that the ex-serviceman passed away. And so we’re really talking about a closed period for which the veteran’s spouse is entitled to benefits. You know, I think it’s important to note that a veteran’s spouse can receive DIC as well as accrued benefits. It’s not one or the other.They’re really two separate types of benefits despite the fact that you would apply on the same form. Maura: That meets ability. The point about the retrospective fees, or the retroactive pays, is important. Mike: And that can be a little confusing for parties. Because I believed they think that they’re going to continue on with the monthly pays as the ex-serviceman should have been receiving. Maura: Exactly. And that’s not the case. It’s just limited to the retro that the veteran would have received without the future monthly payments that the veteran would have received had they continued on with their petition themselves .. Mike: Yes. That’s right. Maura: And another thing that comes up with accrued benefits cases that I actually get the issues of jolly frequently is, spouses are confused as to how VA could continue on with the instance after the ex-serviceman has passed away.Specifically wondering how VA is going to gather relevant evidence. So say for example, the veteran legislates away while they’re engage an increased rating allegation, maybe it’s for an orthopedic condition that they’re already work connected for, or for a psychiatric condition that they’re already service connected for. Usually, prosecuting those declarations involves evidence about the seriousness of the condition. But exactly because the veteran has passed away, doesn’t mean that VA can’t continue on developing the case. In certain instances, they are still required to get evidence if it would help the spouse substantiate the claim.And there are ways to get medical sentiments, medical manifestation about things, even though the veteran has passed away. So that’s important to know. Mike: Yes. And the veteran’s surviving spouse who is applying for accrued benefits is allowed to submit evidence on their own extremely. So they don’t have to precisely rely on VA to go out and obtain that added sign. They’re allowed to submit, medical opinion for instance. And so, that’s– I think you’re right. That’s another often field of distraction. Maura: Great. And another benefit that spouses of disabled veterans may be entitled to is called survivor’s pension. We’re not going to go too much into the specifics on this one, but we do have cloths about this on our website. So, survivor’s pension is virtually pension benefits that a spouse can get that a veteran probably would have been entitled to while they were living. So welfare necessitates campaign term work. There are certain eligibility requirements around the number of epoches of service.And there’s also an income requirement. So those are things to be mindful of. DIC is separate from pension. Accrued benefits that we just talked about are separate from pension. Pension is its own separate thing, but that is something that is available. And I thoughts the last thing that we’re going to be talking about, in terms of the benefits that we have on our register for marriages are burial benefits. So Kayla, can you tell us about burial benefits for marriages? Kayla: Yes. So the national cemetery administration has a benefit that is available to the spouses of veterans to help them with the burial services. So when a veteran’s spouse surpass apart, they may be eligible to be buried in the national cemetery. They are eligible for this benefit regardless of whether or not the veteran has already passed away as well. They are also welcome to have their list and their date of birth impressed on the veteran’s headstone.And they’ll have perpetual care of their mausoleum site as well. Maura: Great. Was there anything that either of you wanted to add to what we discussed today? Mike: I would just say that, you know, when we’re talking about survivors, spouses of ex-servicemen who have passed away, oftentimes the first thing that they– or maybe the last thing they think of is registering a claim for these benefits.So I think it’s something be taken into consideration, especially in the DIC context, where yes, in terms of getting the earliest effective date, it makes a difference whether the veteran’s spouse enters a claim for DIC within that one year period after death. But exactly because they don’t isn’t consequently precluding them from registering a claim at a later date. So you know, I simply wouldn’t mis someone to think that the period has passed for them while it’s critical that they– you know, if they can file a claim within that period, it doesn’t definitely be stopped from doing so at a later date. Maura: That’s a good point. Kayla: Yes, perfectly. Maura: The only interesting thing I would have to add is that there are state specific benefits that are available for spouses of incapacitated veterans, there are state specific benefits for incapacitated ex-servicemen as well where you don’t have to go through the VA to get certain things.So clearly check with your commonwealth or district and see if there’s anything else available that we wouldn’t have touched on today. Are there any questions? Thank you so much for affiliating us today. We are hoping that this was helpful. And satisfy feel free again to visit our website at cck-law.com. And we hope to see you next time . .
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