National Association for Black Veteran, Inc.

[Pragmatic]

Since 1973 the National Association for Black Veterans, Inc. has been publishing the Eclipse. Originally a newspaper, the Eclipse has been reaching veterans and the community since inception. The Eclipse provides information on veterans’ issues, with special emphasis on the concerns of Black and other minority veterans.

In 1999, Eclipse changed from a newspaper to a slick, fully colored magazine format. It is published quarterly and has a circulation of over 20,000 throughout the United States, Puerto Rico, the Virgin Isles, and Europe. The Eclipse is complementary to all members of NABVETS. The Eclipse is also available by subscription.

The Eclipse is distributed to Veterans Administration Hospitals, Vets Centers, universities, public libraries, community centers, the offices of elected officials, county courthouses and churches. The Eclipse Magazine includes articles contributed by NABVETS Chapters, NABVETS members, its editorial staff, State Legislators, the National Coalition for Homeless Veterans, the National Veterans Legal Services Program, and many others.


About NABVETS
History of NABVETS
NABVETS National Command Council
NABVETS Claims Services



PROVISION OF MEDICAL STATEMENTS AND COMPLETION OF FORMS BY VA HEALTH CARE PROVIDERS


3. POLICY: It is VHA policy that clinicians must honor all requests by patients for completion of non-VHA medical forms (with the exception of the completion of examination forms if a third party customarily pays health care practitioners for the examination, but does not pay VA); clinicians must honor all requests for the provision of medical statements, following procedures established by the local facility Release of Information (ROI) Office.

(This letter is in support of claims)

http://www1.va.gov/vhapublications/V...sp?pub_ID=1790



Center for "Minority" Veterans: 38 USC 317.

The Center for "Minority" Veterans is part of the Office of the Secretary.

The Center assists eligible veterans in their efforts to receive benefits and services from VA. The Center acts only as a mediator and facilitator -- As such the Center does not process claims, handle equal employment complaints, or employee relation problems. The Center is dedicated to ensuring that all veterans are aware of benefits, services, and programs offered by VA. (see site for more information)

Contact Information:
Department of Veterans Affairs
Center for Minority Veterans (00M)
810 Vermont Avenue, NW
Washington, DC 20420
Phone: 202-461-6191
Fax: 202-273-7092

Sec. 1151. Benefits for persons disabled by treatment or vocational rehabilitation and SF-95 form

Text

(a) Compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded for a qualifying additional disability or a qualifying death of a veteran in the same manner as if such additional disability or death were service-connected.

For purposes of this section, a disability or death is a qualifying additional disability or qualifying death if the disability or death was not the result of the veteran's willful misconduct and -

(1) the disability or death was caused by hospital care, medical or surgical treatment, or examination furnished the veteran under any law administered by the Secretary, either by a Department employee or in a Department facility as defined in section 1701(3)(A) of this title, and the proximate cause of the disability or death was - (A) carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department in furnishing the hospital care, medical or surgical treatment, or examination; or (B) an event not reasonably foreseeable;

or (2) the disability or death was proximately caused (A) by the provision of training and rehabilitation services by the Secretary (including by a service-provider used by the Secretary for such purpose under section 3115 of this title) as part of an approved rehabilitation program under chapter 31 of this title, or (B) by participation in a program (known as a "compensated work therapy program") under section 1718 of this title. (b) Where an individual is, on or after December 1, 1962, awarded a judgment against the United States in a civil action brought pursuant to section 1346(b) of title 28 or, on or after December 1, 1962, enters into a settlement or compromise under section 2672 or 2677 of title 28 by reason of a disability or death treated pursuant to this section as if it were service-connected, then no benefits shall be paid to such individual for any month beginning after the date such judgment, settlement, or compromise on account of such disability or death becomes final until the aggregate amount of benefits which would be paid but for this subsection equals the total amount included in such judgment, settlement, or compromise.

Read more: http://vlex.com/vid/disabled-vocational-rehabilitation-19234853#ixzz0qzkapCKS




Veterans' Emergency Care Fairness Act of 2009

Per the latest issue of Veterans Report via Military.com:


President Signs Veterans Act


Week of February 08, 2010

President Barack Obama recently signed the Veterans' Emergency Care Fairness Act of 2009. The new law will enable the Department of Veterans Affairs (VA) to reimburse veterans enrolled in VA health care for the remaining cost of emergency treatment if the veteran has outside insurance that only covers part of the cost. Previously, VA could reimburse veterans or pay outside hospitals directly only if a veteran has no outside health insurance.

Peace be upon you

SF 180 Request Millitary/Medical Records
http://www.archives.gov/research/ord...d-form-180.pdf


VETERAN'S SUPPLEMENTAL CLAIM FOR COMPENSATION 21-526b
http://www.vba.va.gov/pubs/forms/VBA-21-526b-ARE.pdf


PROVISION OF MEDICAL STATEMENTS AND COMPLETION OF FORMS BY VA HEALTH CARE PROVIDERS (SSI/SSDI paperwork claims & benefits)
http://www1.va.gov/vhapublications/V...sp?pub_ID=1790

va standard form 95
va standard form 95 - Google Search

VA Forms
http://www.cdva.ca.gov/vetservice/Do...0E%2012-06.pdf

SF-95 Claim for Damage, injury, or Death form
http://veterancourtcodes.com/vccpdf/sf0095.pdf

Veteran Court Codes.com
SF-95 Form, Malpractice/Negligence : veterancourtcodes.com

Center for Minority Veterans Home

Read more: http://vlex.com/vid/sec-center-for-minority-veterans-19234483#ixzz0qzd3YBKH

Read more: http://vlex.com/vid/sec-center-for-minority-veterans-19234483#ixzz0qzccSz10


more links:

CHAMPVA and ASI
CHAMPVA and ASI - Tricare, VA, ChampVA, Fee Basis, Medicare etc. - VA Claims Discussions - Veterans Benefits Network - Message Board

ASI
ASI - Tricare, VA, ChampVA, Fee Basis, Medicare etc. - VA Claims Discussions - Veterans Benefits Network - Message Board

Flat Feet, Prescription Orthotics, and Claim
Flat Feet, Prescription Orthotics, and Claim - Tricare, VA, ChampVA, Fee Basis, Medicare etc. - VA Claims Discussions - Veterans Benefits Network - Message Board

Pes Planus rating
Pes Planus rating - Bing

re/p by Coastie
Veterans' Emergency Care Fairness Act of 2009 - Tricare, VA, ChampVA, Fee Basis, Medicare etc. - VA Claims Discussions - Veterans Benefits Network - Message Board



more links...

National Veterans Foundation
*Free Legal Service
http://nvf.org/

Vetresource
http://www.vetsresource.com/

DAV links
http://www.dav.org/Links.aspx

Paralyzed American Vets
http://www.pva.org/site/PageServer?pagename=rights_gc

Complaint Process for Millitary Service members

1. Naval Discharge Review Board \

Does NDRB review all matters pertaining to discharges and separations?

No. NDRB is not permitted to review discharges that fall into one of the following categories:

- Older than 15 years;
- Awarded as the result of a general court-martial;
- Involve physical or medical disability, or,
- Reenlistment (RE) codes.

For these requests, you must petition the Board for the Correction of Naval Records (BCNR).

If you don't fall into these categories please read because this is the first step.

Complaint Processes (NDRB)

2. The Board for Correction of Naval Records
BCNR, Board for Correction of Naval Records

review
Complaint Processes (BCNR)


dod directive 1332.18
Subject: Seperation or Retirement for Physical Disability

3.8. The assignment of disability ratings shall be based on the Veterans
Administration Schedule for Rating Disabilities (VASRD) (reference (h)) as

implemented by reference (e) and DoD Instruction 1332.39 (reference (f)).

http://www.bing.com/search?q=dod+dir...+d&sp=1&sc=8-5

Military Separation Codes
(SFJ - Permanent disability, USN - Enlisted)
Military Separation Codes - Alphabetical

DD Form 149
"Application for Correction of Military Records"
Forms.gov - DD149 :-: OS :-: Application for Correction of Military Records Under the Provisions of Title 10, U.S. Code, Section 1552

3. Request pertaining to millitary and medical records
(download adobe)
http://www.archives.gov/research/ord...d-form-180.pdf



§ 1207a TITLE 10 > Subtitle A > PART II > CHAPTER 61 > § 1207a

Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions

(a) In the case of a member described in subsection (b) who would be covered by section 1201, 1202, or 1203 of this title but for the fact that the member’s disability is determined to have been incurred before the member became entitled to basic pay in the member’s current period of active duty, the disability shall be deemed to have been incurred while the member was entitled to basic pay and shall be so considered for purposes of determining whether the disability was incurred in the line of duty.

(b) A member described in subsection (a) is a member with at least eight years of active service

http://www.law.cornell.edu/uscode/10...7---a000-.html


Disability Retirement
Disability Retirement

Disability Retirement
§ 1201. Regulars and members on active duty for more than 30 days: retirement
United States Code: Title 10,1201. Regulars and members on active duty for more than 30 days: retirement | LII / Legal Information Institute



CHAPTER 61—RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
http://www.law.cornell.edu/uscode/ht...II_30_61.html\


Members eligible for retired pay who are also eligible for veterans’ disability compensation for disabilities rated 50 percent or higher: concurrent payment of retired pay and veterans’ disability compensation
http://www.law.cornell.edu/uscode/10...4----000-.html

Disability retired pay: treatment under Internal Revenue Code of 1986
http://www.law.cornell.edu/uscode/10...3----000-.html

CHAPTER 71—COMPUTATION OF RETIRED PAY
http://www.law.cornell.edu/uscode/10..._II_30_71.html

H.R.1588

SEC. 641. PHASE-IN OF FULL CONCURRENT RECEIPT OF MILITARY RETIRED PAY AND VETERANS DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES (Permanently disabled under 20 years)
http://www.military.com/ContentFiles...nt_HR_1588.htm





VA:

Statement in support of claim

http://www.vba.va.gov/pubs/forms/VBA-21-4138-ARE.pdf


VA Form 21-8940
“Veteran’s Application for Increased Compensation Based on Unemployability"
http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

What is Individual Unemployability?
http://www.google.com/search?sourcei...nemployability

38 CFR - Book C, Schedule for Rating Disabilities
http://www.bing.com/search?q=38+CFR+...ox&Form=IE8SRC


Military Disability (Medical) Separations and Retirements
http://usmilitary.about.com/od/theor...paration_2.htm



Filling a 1151

38 USC 1151 - Sec. 1151. Benefits for persons disabled by treatment or vocational rehabilitation

http://vlex.com/vid/disabled-vocatio...ation-19234853

Read more: http://vlex.com/vid/disabled-vocatio...#ixzz0qX1EtlBw

1151 for a delay of treatment:
http://www.hadit.com/forums/index.php?showtopic=1702?
http://vets.yuku.com/reply/319682/t/...l#reply-319682


Posttraumatic Stress Disorder in Veterans with Spinal Cord Injury: Trauma-related Risk (addedum)
http://www.springerlink.com/content/x4857041257000k4

Post-traumatic stress disorder and emotional distress in persons with spinal cord lesion. (addedum)
http://www.ncbi.nlm.nih.gov/pubmed/12714993


Department of Veterans Affairs
§ 3.310 Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.
http://edocket.access.gpo.gov/cfr_20...38cfr3.310.pdf


Vets first
http://www.vetsfirst.org/va-spinal-cord-injury-centers/

Wounded Warrior Resource Center
http://www.woundedwarriorresourcecenter.com/paralysis

Paralyzed Veterans of America

Attorney Representation

In December 2006, a law was passed that allows veterans to retain counsel after they have filed a Notice of Disagreement. VA created regulations that govern attorney practice within the agency; these regulations require that attorneys be accredited by VA and attend a legal education course on VA claims and benefits. Paralyzed Veterans believes all veterans should have quality representation and has been working to create training programs both to meet the VA’s requirements and to train attorneys who want to help veterans. For example, Paralyzed Veterans has partnered with a major law firm, Howrey LLP, and in January we presented a qualified training program for Washington, DC, law firm attorneys who want to help veterans on a pro bono basis. This program is being distributed by the American Bar Association to train pro bono attorneys nationwide.


http://www.pva.org/site/PageServer?pagename=homepage


PTSD letter
http://www.ptsdsupport.net/veterans_prrp_program.html

Filing claim for *E.D (secondary to primary disability) SMC K
http://knol.google.com/k/jim-strickl...i4hm0dxfnnzs/5#



Peace be upon you

[Pragmatic]

Text

The Secretary under regulations which the Secretary shall prescribe, shall pay a clothing allowance of $588 per year to each veteran who - (1) because of a service-connected disability, wears or uses a prosthetic or orthopedic appliance (including a wheelchair) which the Secretary determines tends to wear out or tear the clothing of the veteran; or (2) uses medication which (A) a physician has prescribed for a skin condition which is due to a service-connected disability, and (B) the Secretary determines causes irreparable damage to the veteran's outergarments.





note: Cane is orhopedic


Peace be upon you


ref:

Read more: http://vlex.com/vid/sec-clothing-allowance-19234835#ixzz1HlmVQr9N

[Pragmatic]

Had to use this process 2 weeks ago. My new physician forgot to add the "real" in my electronic medical record. She also put some "irrelavant" information I kindly request to be removed.

Text

TITLE 38 - PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS

PART 1 - GENERAL PROVISIONS

1.579 - Amendment of records.

(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either: (1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or (2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official. (Authority: 5 U.S.C. 552a(d)(2)) (b) The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.

(1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to: Secretary; Deputy Secretary, as well as other appropriate individuals responsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requester of the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requests to amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review.

(2) The following field officials are designated as responsible for the amendment of records or information located in facilities under their jurisdiction, as appropriate: The Director of each Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional Counsels. These officials will function in the same manner at field facilities as that specified in the preceding subparagraph for headquarters officials in Central Office. (Authority: 5 U.S.C. 552a(f)(4)) (c) Any individual who disagrees with the Department of Veterans Affairs refusal to amend his or her record may request a review of such refusal.

The Department of Veterans Affairs will complete such review not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual request such review and make a final determination unless, for good cause shown, the Secretary extends such 30-day period. If, after review, the Secretary or designee also refuses to amend the record in accordance with the request the individual will be advised of the right to file with the Department of Veterans Affairs a concise statement setting forth the reasons for his or her disagreement with the Department of Veterans Affairs refusal and also advise of the provisions for judicial review of the reviewing official's determination. (5 U.S.C. 552a(g)(1)(A)) (d) In any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (c) of this section, the Department of Veterans Affairs will clearly note any part of the record which is disputed and provide copies of the statement (and, if the Department of Veterans Affairs deems it appropriate, copies of a concise statement of the Department of Veterans Affairs reasons for not making the amendments requested) to persons or other agencies to whom the disputed record has been disclosed. (5 U.S.C. 552a(d)(4)) (38 U.S.C. 501) [47 FR 16324, Apr. 16, 1982]

also see: Under 5 U.S.C. § 552a

(d) Access to Records



ref:

United States Code: Title 5,552a. Records maintained on individuals | LII / Legal Information Institute

PROVISION OF MEDICAL STATEMENTS AND COMPLETION OF FORMS BY VA HEALTH CARE PROVIDERS
http://www1.va.gov/vhapublications/V...sp?pub_ID=1790

Read more: http://cfr.vlex.com/vid/1-amendment-records-19776059#ixzz1I9ijhTwi

[Pragmatic]

I was told filing for Financial Hardship can expedite your claim process.

(How to File a Hardship to Expedite a VA Expense Report
Read more: How to File a Hardship to Expedite a VA Expense Report | eHow.comhttp://www.ehow.com/how_7580607_file-expedite-va-expense-report.html#ixzz1KCRmzF4O)





from: VA.gov

Are you a veteran who is suffering from financial distress or struggling with your VA copays? Have you lost your job, or currently face significant decrease in your household income?

Let Us Know - VA Has Programs That Can Help You
Veterans Who Are Not Currently Enrolled

VA’s Medical Care Hardship program could help veterans qualify for VA enrollment for health care services if they had a recent change in their income, even if they were previously denied enrollment based on their household income. Veterans who have put off applying for VA enrollment because they thought their income was too high may want to reconsider applying if their projected current year’s income is lower. Hardship may be approved if the veteran’s current year income is substantially reduced from the prior year. Personal circumstances such as loss of employment, sudden decrease in income or increases in out-of-pocket veteran or family health care expenses factor into VA’s hardship determination.
NOTE: Veteran’s income information is subject to verification through matching of IRS and SSA records.

If your projected year income is below the VA National Income Thresholds or VA National Geographic Income Thresholds, you may qualify for cost-free VA medical care. For additional information and qualifications for this assistance program, veterans should contact their local VA Medical Center Enrollment Coordinator. Find your local medical facility with the Facilities Locator. Veterans may also contact VA at 1-877-222 VETS (8387). Check our web page on Copays and Charges for further information on costs for VA health care services.
Enrolled Veterans

If you are a veteran currently enrolled and receiving VA health care services, but are now having problems with your VA health care debt, there are several programs that could provide assistance.

Hardship — VA can eliminate future health care debt and qualify veterans for health care without copays and enrollment based on their current year income even if they were previously denied enrollment based on their household income. Medical care hardship may be appropriate if the veteran’s current year income is substantially reduced from the prior year. Personal circumstances such as loss of employment, sudden decrease in income or increases in out-of-pocket veteran or family health care expenses factor into VA’s hardship determination. Veteran’s income information will be subject to verification.

If your projected year income is below the Means Test Thresholds or Geographic Means Test Thresholds, you may qualify for cost-free VA medical care.

Repayment Plan — Veterans having a problem making copays may contact their VA health care facility to request that a repayment plan be established. If approved, the plan will result in a more affordable monthly payment by spreading their payments over a 12 month period of time. To avoid administrative charges, the veterans must establish a written payment plan within 30 days of the statement date. Veterans would need to notify their VA health care facility if they cannot make one of the monthly payments. If the veteran misses a payment and does not notify VA, the veteran will not able to use the repayment plan option again.
Compromise — Veterans who are unable to pay their debt in full or clear the debt in a reasonable timeframe through monthly payments, may request a compromise. A compromise means VA can accept a lesser amount of money as full settlement of the veteran’s debt. VA will consider both the current income and anticipated future income in making this determination. Most offers in compromise that are accepted must be for a lump sum payment payable in full 30 days from the date of the acceptance of the offer.

Waiver — VA can waive a veterans existing health care debt when there has been a job loss or significant decrease in income or the veteran has experienced significant expenses for funeral arrangements, veteran’s educational expenses or for medical care for the veteran or other family members. Waivers must be requested in writing within 180 days from the date of the statement on which the charge first appears. VA can also waive the Beneficiary Travel mileage reimbursement deductible for eligible veterans.

For additional information and qualifications for these specific assistance programs, veterans should contact their local VA Medical Center Enrollment Coordinator. Find your local medical facility with the Facilities Locator. Veterans may also contact VA Health Resource Center at 1-877-222 VETS (8387). Check our web page on Copays and Charges for further information on costs for VA health care services.



ref:


Hardship Veterans Outreach (VA Health Care Eligibility & Enrollment)

[Pragmatic]

§ 1214a. Members determined fit for duty in Physical Evaluation Board evaluation: prohibition on involuntary administrative separation due to unsuitability based on medical conditions considered in evaluation

How Current is This? NDAA 2011 signed by the President of The U.S


(a) Disposition.— Except as provided in subsection (c), the Secretary of the military department concerned may not authorize the involuntary administrative separation of a member described in subsection (b) based on a determination that the member is unsuitable for deployment or worldwide assignment based on the same medical condition of the member considered by a Physical Evaluation Board during the evaluation of the member.


(b) Covered Members.— A member covered by subsection (a) is any member of the armed forces who has been determined by a Physical Evaluation Board pursuant to a physical evaluation by the board to be fit for duty.


(c) Reevaluation.—

(1) The Secretary of the military department concerned may direct the Physical Evaluation Board to reevaluate any member described in subsection (b) if the Secretary has reason to believe that a medical condition of the member considered by the Physical Evaluation Board during the evaluation of the member described in that subsection renders the member unsuitable for continued military service based on the medical condition.


(2) A member determined pursuant to reevaluation under paragraph (1) to be unfit to perform the duties of the member’s office, grade, rank, or rating may be retired or separated for physical disability under this chapter.


(3) The Secretary of Defense shall be the final approval authority for any case determined by the Secretary of a military department to warrant administrative separation based on a determination that the member is unsuitable for continued service due to the same medical condition of the member considered by a Physical Evaluation Board that found the member fit for duty.


Peace be upon you



Differences between the PDBR and the Board for Correction of Military (or Naval) Record (BCMR/BCNR)

There are significant differences between the PDBR and the Board for Correction of Military (or Naval) Record (BCMR/BCNR) review. For more details about the differences between these processes click here.



Peace be upon you

Board for Correction of Naval Records
http://www.donhq.navy.mil/bcnr/bcnr.htm

CHAPTER 61—RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
United States Code: Title 10,1214a. Members determined fit for duty in Physical Evaluation Board evaluation: prohibition on involuntary administrative separation due to unsuitability based on medical conditions considered in evaluation | LII / Legal