Editor’s note: This article is the second in a series of six.
By Larry Dandridge
This is the second article in a series of six on VA Disability Compensation (and Burn Pit Disability Conditions).” Read the first article at https://bit.ly/48GtNGp.
This article covers:
- Non-presumptive conditions, the PACT Act expansions to VA health care, and eligibility for VA health care.
- An example of the range of payments of service-connected compensation, and the definition and value of a zero percent rating.
- Other benefits that service-connected disability ratings open the door to, including VA Dependency and Indemnity Compensation (DIC).
Non-presumptive (direct or secondary) service-connected condition
To be a non-presumptive condition, the disability being claimed must not be on a VA presumptive condition list. To prove to the VA that a veteran is eligible for a non-presumptive disability compensation award, the veteran must prove:
- They are eligible for service-connected disability compensation with a DD214 and other military records showing the required time, place, and honorable character of service.
- They have a medical diagnosis of the claimed disabling condition.
- They have proof (evidence) showing a clear link (NEXUS) between their current medical condition and military service (usually a link between a wound, injury, illness, burn, physical or mental trauma, military sexual trauma, event, medical treatment error, HAZMAT exposure/injury, or scar complication).
If the condition is presumptive, the veteran is relieved of the burden of proving a clear link between their current medical condition and military service because the VA has strong evidence of such a link.
In most cases, to prove a non-presumptive condition is service-connected the veteran will need:
- Military medical (or VA or civilian medical) records documenting the original wound, injury, illness, burn, physical or mental trauma, military sexual trauma, event, medical malpractice, HAZMAT exposure/injury, or scar.
- Other military records, like an accident report, Purple Heart award, line of duty investigation, Valorous awards, Efficiency/Performance Report, insurance claims, OSHA reports, newspaper and magazine articles, unit history reports, deck logs, veteran news groups, yearbooks, pictures, or other evidence documenting the disability (condition).
- One or more Nexus Letters from medical professionals (Doctor, Physician Assistant, Nurse Practitioner, Physical Therapist, other specialist (Psychologist, Psychiatrist, Physical, Speech, Occupational, etc.) linking the current condition to military service, stating it is “at least as likely as not” connected to an in-service wound, injury, illness, burn, physical or mental trauma, military sexual trauma, event, medical malpractice, HAZMAT exposure/injury, or scar.
- The veteran’s Sworn Declaration that certifies the truthfulness of the information.
- One or more Lay Witness Statements from someone who directly witnessed the wound, injury, illness, burn, physical or mental trauma, military sexual trauma, event, medical treatment error, HAZMAT exposure/injury, or scar that supports the claim.
The PACT ACT and VA benefits
The PACT Act is a law that expands VA health care and benefits for veterans exposed to burn pits, Agent Orange, and other toxic substances. This law helps us provide generations of veterans and their survivors with the care and benefits they’ve earned and deserve. On March 5, 2024, the VA expanded health care to millions of Veterans. See https://bit.ly/48rSY0z.
The PACT Act:
- Expands and extends eligibility for VA health care for veterans with toxic exposures and Veterans of the Vietnam, Gulf War, and post-9/11 eras.
- Adds 20+ more presumptive conditions for burn pits, Agent Orange, and other toxic exposures.
- Adds more presumptive-exposure locations for Agent Orange and radiation.
- Requires the VA to provide a toxic exposure screening to every veteran enrolled in VA health care.
- Helps the VA improve research, staff education, and treatment related to toxic exposures.
PACT ACT makes the following veterans eligible to enroll in VA Health care. if you meet the basic service and discharge requirements and any of these descriptions are true for you, you are eligible to enroll in VA health care now, without needing to apply for disability benefits first:
- You served in the Vietnam War, the Gulf War, Iraq, Afghanistan, or any other combat zone after 9/11; or
- You deployed in support of the Global War on Terror; or
- You were exposed to toxins or other hazards during military service at home or abroad.
Specific toxins and hazards include burn pits, sand and dust, particulates, oil well or sulfur fires, chemicals, radiation, warfare agents, depleted uranium, herbicides, and other occupational hazards. Find more military exposure categories on the VA’s Public Health website, “Military Exposures” at https://www.publichealth.va.gov/exposures/.
Even if none of these descriptions above are true for you, you may still be eligible for VA health care based on your service. Learn more at “Eligibility for VA Health Care,” https://www.va.gov/health-care/eligibility/.
VA Service Connection compensation is generous
According to the VA webpage, “Current Veterans Disability Compensation Rates” at https://bit.ly/3MpASnq, VA disability compensation provides tax-free monthly payments. If a veteran has a service-connected condition, they may be eligible for tax-free disability compensation of more than $4,500, depending on their VA disability rating (from zero to 100 percent) and the number of their eligible dependents (spouse, children, or parents).
Also, if a veteran can’t work due to a disability related to their military service, they may qualify for Individual Unemployability. This means the veteran may be eligible for compensation or benefits at the same level as a veteran with a 100% disability rating. Learn more at https://bit.ly/4iLfbtX.
What is zero percent?
The VA webpage, “Non-compensable Disability” at https://bit.ly/3XIV4TE, states that the VA awards 0% for disabilities that are service-connected but not severe enough to warrant compensation. However, veterans with a zero percent rating may be eligible for:
1. VA health care. This includes regular checkups, appointments with specialists, and prescription refills. Learn more at “Eligibility for VA Health Care” at https://www.va.gov/health-care/eligibility/.
2. Prescriptions. Free medications related to the service-connected condition. See https://bit.ly/48Dn5Rl.
3. Priority for VA services. Higher priority for healthcare services compared to veterans without service-connected disabilities. See https://bit.ly/44R5Db1.
4. Travel pay. The Beneficiary Travel program pays veterans back for mileage and other travel expenses to and from approved health care appointments. See https://bit.ly/4oTxGxW.
5. VA dental care. If a veteran qualifies for VA dental care benefits, they may be able to get some or all of your dental care through VA. See https://bit.ly/3MOj1GD.
6. VA vision care. If a veteran qualifies for VA health care, they may be able to get some or all of their vision care through VA. See https://bit.ly/3KFiJkI.
7. Veterans Affairs Life Insurance. VALife provides low-cost coverage to eligible veterans with service-connected disabilities. See https://bit.ly/3MLKngy.
Continued next week.
Larry Dandridge is a Vietnam War wounded warrior, disabled veteran, ex-Enlisted Infantryman, ex-Warrant Officer Pilot, and retired Lt. Colonel. He is a past Veterans Service Officer, a Patient Adviser at the RHJ VA Hospital, the Fisher House Charleston Goodwill Ambassador, and the VP for Veteran Affairs for the local Army Association Chapter. Larry is also the author of the award-winning book Blades of Thunder and a contributing freelance writer with the Island News. Contact him at LDandridge@earthlink.net or 843-276-7164.
