Research - Rehabilitation - Re-Employment

Sgt. Shaft 12/02/2002

Sarge:
Just a quick question regarding the retroactive nature of VA service-connected health claims. I have a friend who fell from a truck in Vietnam in or around 1966. He has had numerous surgeries due to various medical problems related to this accident (all documented through the VA and Walter Reed or Andrews AFB Hospital ER records. However, he has never filed a claim for any kind of compensation. I am aware that he just underwent another procedure for his back within the past couple weeks, so it is still a problem for him. Lately, he has been wondering whether he cheated himself out of legitimate benefits over the past 36 years or so.

The key questions: 

1) Is there statute of limitations for filing for such service-connected claims? 

2) Would the fact that he received all his treatment over the intervening years at VA or similar facilities help him at all?

Thanks for your HELP!

Bernard T.

Dear Bernard
VA Disability compensation is a monetary benefit paid to veterans who are disabled by injury or disease incurred in or aggravated during active military service. The amount of disability compensation varies based on such factors as the degree of disability and the number of dependents. Veterans determined to be entitled to disability compensation from VA receive monthly monetary payments ranging from $103 per month to $2,100 for a veteran who is considered to be totally disabled. Veterans with a disability rating of thirty percent or more are also entitled to additional compensation for their dependents. In cases where a veteran has suffered certain severe disabilities, there may be entitlement to what the VA refers to as special monthly compensation. These veterans are paid at a monthly rate much greater than the one hundred percent rate. Claims for increase can be made if service connected conditions increase in severity. Another point to ponder is that entitlement to VA compensation can in some cases be a gateway to medical and educational benefits. As for time limits, there is good news and bad news.

There is no time limit to apply for benefits. Time is important, however, in that the longer one waits, the more difficult it may become to associate the claimed disability with an inservice incident. Also payment for claims filed more that one year after leaving active duty are paid from the first day of the month following the date the claim was made. 

I suggest that you urge your vet buddy to submit his claim now. Have him include as much military and medical documentation as possible with the original application. A veteran can always submit additional supporting evidence at a later date. Unfortunately your friend will not receive retroactive payments for the past thirty six years, as once again, claims filed more than one year after leaving active duty are paid from the first day of the month following the date the claim was initiated. 

Shaft Kudos
Attaboy and attagirls to long time friend Tom Ridge. Secretary of Labor Elaine Chao, and OPM Director Kay Coles James. Gov. Ridge, advisor to the president for Homeland Security took precious time from his very busy schedule to address the labor Departments 22nd annual “salute to veterans” in Washington DC – Secretary of Labor Elaine L. Chao recently presented awards to nine organizations and individuals for outstanding efforts in providing employment and training services to veterans.

Addressing the more than 200 guests at this year’s salute, Chao said veterans are a key component of the national strategy for building the workforce of the 21st Century.

Secretary Chao along with Assistant Secretary of Labor for Veterans Employment and Training, Frederico Juarbe Jr. presented the Strom Thurmond Founders Award to the National Association of State Workforce Agencies Veterans Affairs Committee. Other awardees were:

Disabled Veterans Outreach Program specialist Ray Pryor of Columbus, Ohio and Local Veterans Employment Representative Mary Derck of Lapeer, Mich., for providing outstanding employment and training services to veterans.

The Maryland Committee for Employer Support of the Guard and Reserve for ensuring the employment rights of America’s veterans, reservists, and Guard members.

Capital Area, Michigan Works in Detroit for providing outstanding one-stop services to veterans.

Network Services Inc., of Honolulu, Hawaii, for providing quality services to bring homeless veterans back into the community.

The Tennessee Department of Labor and Workforce Development for achieving consistently high levels of veteran job placements.

Warner Robins Air Force Base Family Support Center in Georgia for providing quality transition assistance to service members and their families.

Lear Siegler Service, Inc. of Clarksville, Tenn., for its outstanding record of hiring veterans.

Also during veterans week, Kay Coles James, Director of the U.S. Office of Personnel Management has, in a memo to the Federal team of Human Resources Directors, firmly reiterated the President’s commitment to veterans’ preference in filling Federal jobs. James praised agency efforts to recruit veterans last year (FY2001) which resulted in a significant increase of veterans in the Federal civilian service. Compared to the private sector, Federal agencies employ over twice the percentage of veterans and five times the percentage of disabled veterans. James, however, said that agencies can still do more and she strongly encouraged all agencies to ensure that veterans’ preference laws are fully upheld. Further, she announced that OPM would conduct selected audits of agencies adherence to veterans’ preference. James stated, “We need to remember that veterans’ preference is not a barrier to the Federal hiring process, it is a key component of this process. HR professionals should be clear that this Administration, working alongside with the professional HR team, will fight to protect veterans’ preference.”

James stated, “The professional HR community understands that there is an obligation to uphold and enforce veterans’ preference as an encumbrance on the Federal hiring process. Veterans’ preference is a legal right that reflects a national value; it can not, will not, and shall not be circumvented.”

Send letters to Sgt. Shaft, c/o John Fales, P.O. Box 65900, Washington, D.C. 20035-5900; fax to 301-622-3330; call 202-462-4430 or email sgtshaft@bavf.org.

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