Asbestos fibers are inhaled or ingested which causes cancer where the fibers settle, usually in the lungs, pharyngolaryngeal, bronchial, gastrointestinal, or urogenital.
Asbestos is another risk factor for lung cancer. People who work with asbestos have a higher risk of getting lung cancer. If they smoke as well, the risk is greatly increased. Although asbestos was used for many years, the government has now nearly stopped its use in the workplace and in home products. While it is still present in many buildings, it is not thought to be harmful as long as it is not released into the air.
Need lots of research, If, When, and Which ships had asbestos at the time the Veteran was on board and have the Veteran write a statement describing their (rate) specialty and how they were in proximity to the asbestos.How it was used:
Widely used in WWII.Strengthens cement and plastics.Insulation.Fireproofing.Aboard ships, boilers, steam pipes and hot water pipes.Friction products – brake linings, gaskets, clutch.
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Navy, Marine Corps and Coast Guard:
U.S. Navy Liaison Office (N314)Room 34759700 Page BoulevardSt. Louis, MO 63132-5100
Army:
U.S. Army Reserve Personnel CenterAttn: DARP-PAS-EAW9700 Page BoulevardSt. Louis, MO 63132-5100
Air Force:
Air Force Reference branch NCPMFNational Personnel Records Center(Military Personnel Records)9700 Page BoulevardSt. Louis, MO 63132-5100
A 10-10ez can be obtained at the Nye County Veteran Service Office or at the VA Healthcare facility nearest you.
More information can be found at https://www.1010ez.med.va.gov/sec/vha/1010ez/
Pahrump CBOC2100 E Calvada BlvdPahrump, NV 89048775-727-7535
Southern Nevada Veterans Memorial Cemetery1900 Buchanan BlvdBoulder City, NV 89005702-486-5920
Eligible veterans and members of their immediate family may be buried at the Northern Nevada Veterans Memorial Cemetery in Fernley, or at the Southern Nevada Veterans Memorial Cemetery in Boulder City. There is no charge for the plot, vault and opening & closing of a gravesite for a Veteran. A $450 fee (subject to change) is charged for the burial of the spouse or dependent of a veteran. For more information is the Cemeteries webpage or call:
Northern Nevada 775 575-4441
Southern Nevada 702 486-5920
Veterans may also “donate” their exempted tax directly to the Nevada Veterans’ Home Account, which will contribute the amount toward the operation of a Veterans’ Home in Nevada.
The amounts of exemption that are or will be available to disabled veterans varies from $6,250 to $20,000 of assessed valuation, depending on the percentage of disability and the year filed. To qualify, the veteran must have an honorable separation from the service and be a resident of Nevada.
The widow or widower of a disabled veteran, who was eligible for this exemption at the time of his or her death, may also be eligible to receive this exemption.
This exemption can be applied to a veteran’s vehicle tax or personal property tax. To determine the actual value of this benefit or to obtain further information, contact your local county assessor’s office.
http://www.dmvnv.com/platesdisabled.htm
Ex-Prisoner of WarDisabled VeteranPurple HeartVeteran Pearl Harbor Survivors & VeteransCongressional Medal of Honor
Applications for special plates can be obtained at your local DMV Office or by calling 775 684-4750 in Carson City.
Attached is a copy of the discharge papers showing service dates.
I would like ___ numbers of copies.
Please mail to:
Mail this form to:Presidential Memorial Certificates (41A1C)Department of Veterans Affairs5109 Russell RoadQuantico, VA 22134-3903
Korean War: June 27, 1950, through Jan. 31, 1955.
Vietnam War: Aug. 5, 1964 (Feb. 28, 1961, for veterans who served “in country” before Aug. 5, 1964), through May 7, 1975.
Gulf War: Aug. 2, 1990, through a date to be set by law or Presidential Proclamation
These disabilities are considered to be service-connected.
Service connection is the relationship of a particular disabling condition to the veteran’s service. This is accomplished by showing that the condition began during service (incurrence), or that a pre-existing condition was made permanently worse than it would have otherwise been (aggravation), or by the application of certain statutory presumptions.
Formal application for service-connected disability compensation is made by submitting a com¬pleted VA Form 21-526, Veteran’s Application for Compensation or Pension, together with appropriate medical and other supporting evidence. Under certain circumstances, an application for service-connected compensation may also be an application for nonservice-connected dis¬ability pension, if the veteran served during a wartime period and completes the portions of the application pertaining to total disability and to family income and net worth.
Disability compensation varies with the degree of disability and the number of dependents, and is paid monthly.
The benefits are not subject to federal or state income tax.
To be eligible, the service of the veteran must have been terminated through separation or discharge under conditions other than dishonorable.
Veterans with disability ratings of at least 30 percent are eligible for additional allowances for dependents, including spouses, minor children, children between the ages of 18 and 23 who are attending school, children who are permanently incapable of self-support because of a disability arising before age 18, and dependent parents. The additional amount depends on the disability rating. Veterans with certain severe disabilities may be eligible for additional special monthly compensation.
Work-Study Program -(3/4 – full time students)
Specially Adapted Homes - (to buy or upgrade specially adaptive home to meet their disability –related requirements)
Automobile Assistance -(loss of limb, loss of movement)
Clothing Allowance -(skin condition / lotions)
Aid and Attendance or Housebound -(need assistance of another person, or a vet who is permanently housebound)
Combat-Related Special Compensation - (CRSC – Must be retired, receiving retired pay, and have 20 years of active duty, or reservist 60 years of age with 20 years of service and have 10% VA disability.) Must go through SS Office to Apply.
Social Security.Retirements.401K.Spouses Income.Gambling Winnings.
Monthly payments are made to bring a veteran’s total annual income to an established support level.
Eligibility -
Serve during a period of war.Age 65 or permanent and total disabled. Veteran alone income below $11,830 per year.Vet W/ one Dependant below $15,493 per year.Each additional dependant child $2020 per year.Additional income allowances for Aid & Attendance and Housebound Veterans $23,396.
Death Pension - VA provides pensions to low-income surviving spouses and unmarried children of deceased veterans with wartime service. Under $7,933
Eligibility -.Not Dishonorable discharge.90 days active duty w/ 1 day during period of war.dependant is surviving spouse (not remarried, or if re-married over the age of 57), or minor children (18-23 in College).Plus all countable income.
Headstones and Markers - Flat markers are available in bronze, granite or marble.
Inscription: Headstones and markers must be inscribed with the name of the deceased, branch of service, and year of birth and death. They also may be inscribed with other markings, including an authorized emblem of belief and, space permitting, additional text including military rank; war service such as “World War II;” complete dates of birth and death; military awards; military organizations; civilian or veteran affiliations; and words of endearment.
Burial Flags -VA will furnish a U.S. burial flag for memorialization of: 1. Veterans who served during wartime or after Jan. 31, 1955. 2. Veterans who were entitled to retired pay for service in the reserves, or would have been entitled if over age 60. 3. Members or former members of the Selected Reserve who served their initial obligation, or were discharged for a disability incurred or aggravated in line of duty, or died while a member of the Selected Reserve.
Military Funeral Honors -Upon request, the Department of Defense (DoD) will provide military funeral honors consisting of folding and presentation of the United States flag and the playing of Taps.
Reimbursement of Burial Expenses - VA will pay a burial allowance up to $2,000 if the veteran’s death is service-connected. There is no time limit for filing reimbursement claims in service-connected death cases. In non service-connected death cases, claims must be filed within two years after burial or cremation and may be eligible for up to $300 funeral allowance.
Plot Allowance - VA will pay a $300 plot allowance when a veteran is buried in a cemetery not under U.S. government jurisdiction.
Presidential Memorial Certificates - Certificates are issued upon request to recognize the military service of honorably discharged deceased veterans.
Once enrolled, veterans can receive services at VA facilities anywhere in the country.
The following three categories of veterans are not required to enroll, but are urged to do so to permit better planning of health resources:
Veterans with a service-connected disability of 50 percent or more.Veterans seeking care for a disability the military determined was incurred or aggravated in the line of duty, but which VA has not yet rated, within 12 months of discharge.
Veterans seeking care for a service-connected disability only. Iraq and Afghanistan Combat Theater Veterans – 5yrs of free healthcare provided by the VA after discharge.
Priority Groups - During enrollment, veterans are assigned to priority groups.VA uses priority groups to balance demand with resources.VA will notify any member affected by changes to policy.(Changes in available resources may reduce the number of priority groups VA can enroll. If this occurs, VA will publicize the changes and notify affected enrollees. Veterans will be enrolled to the extent Congressional appropriations allow. If appropriations are limited).
* Provided to all enrolled Veterans*
Preventive Care ServicesImmunizationsPhysical Exams (Including eye and hearing)Health Care AssessmentsScreening TestsHealth Education Programs
Ambulatory (Outpatient) Diagnostic Emergency outpatient care in a VA facilityMedicalSurgical (including reconstructive/plastic surgery as a result of disease or trauma)Chiropractic CareBereavement CounselingMental HealthSubstance Abuse*provided to all enrolled Veterans*
Hospital (Inpatient) DiagnosticEmergency outpatient care in a VA facilityMedicalSurgical (including reconstructive/plastic surgery as a result of disease or trauma)Mental HealthSubstance Abuse
*provided to all enrolled Veterans*
Limited Benefits -
The following is a partial list of acute care services which may have limitations and special eligibility criteria.Ambulance Services.Dental Care.Durable Medical Equipment.Home Health Care.Homeless Programs.Maternity and Parturition Services – usually provided in non-VA contracted hospitals at VA expense, care is limited to mother (costs associated with the care of newborn are not covered).Non-VA Health Care Services.Orthopedic, Prosthetic, and Rehab Devices.Rehab Services.Readjustment Counseling.Sexual Trauma Counseling.* Eyeglasses (must be SC 10% or more).* Hearing Aids (must be SC 10% or more).
Footnote: To qualify for hearing aids or eyeglasses, the individual must have a VA service-connected disability rating of 10% or more. An individual may also qualify if he or she is a former POW, Purple Heart recipient, require this benefit for treatment of a 0% service-connected condition, or are receiving increased pension based on the need of regular aid and attendance or being permanently housebound.
Things the VA does not cover -
Abortions and abortion counseling.Cosmetic surgery except where VA determines medically necessary.Gender alteration.Health club or spa membership, even for rehabilitation.In-vitro fertilization.Drugs and Medications not approved by FDA.Services not ordered and provided by licensed/accredited professional staff.Special private duty nursing.THESE ARE NOT COVERED BY THE VA!!!
If NON-VA emergency care is received, notification to the nearest VA health care facility must be made within 72 hours if hospitalization is required. VA payment is limited up to the point that the Veteran’s condition is stable for transportation to a VA facility.
The following veterans are eligible to receive dental care:1. Veterans with service-connected, compensable dental conditions.2. Former prisoners of war.3. Veterans with service-connected, non compensable dental conditions as a result of combat wounds or service injuries.4. Veterans with non service-connected dental conditions determined by VA to be aggravating a service-connected medical problem.5. Veterans with service-connected conditions rated permanently and totally disabling or 100 percent by reason of un-employability.6. Veterans in a VA vocational rehabilitation program.7. Certain enrolled homeless veterans. 8. Veterans with non service-connected dental conditions that received dental treatment while an inpatient in a VA facility.9. Veterans requiring treatment for dental conditions clinically determined to be complicating a medical condition currently under treatment.Recently discharged veterans who served on active duty 90 days or more and who apply for VA dental care within 90 days of separation from active duty, may receive one time dental treatment if their certificate of discharge does not indicate that they received necessary dental care within a 90-day period prior to discharge.
Eligibility -In addition to the periods of eligibility and conditions of service requirements, applicants must have a good credit rating, sufficient income, a valid Certificate of Eligibility, and agree to live in the property.
VA presumes that specific disabilities diagnosed in certain veterans were caused by their military service. VA does this because of the unique circumstances of their military service. If one of these conditions is diagnosed in a veteran in one of these groups, VA presumes that the circumstances of his/her service caused the condition, and disability compensation can be awarded.
What Conditions are “Presumed” to be Caused by Military Service?Veterans in the groups identified below: Entitlement to disability compensation may be presumed under the circumstances described and for the conditions listed. Veterans within one year of release from active duty: Individuals diagnosed with chronic diseases (such as arthritis, diabetes, or hypertension) are encouraged to apply for disability compensation. Veterans deployed to the Southwest Asia Theater of Operations from August 2, 1990, to July 31, 1991: Individuals diagnosed with amyotrophic lateral sclerosis (ALS)/Lou Gehrig's disease are encouraged to apply for disability compensation.
FormerPrisoners of War(1) Imprisoned for anyLength of time, andDisability at least 10Percent disabling:• Psychosis• Any of the anxiety states• dysthymic disorder• Organic residuals of frostbite• Post-traumatic osteoarthritis• Heart disease or hypertensive vascular disease and their complications• Stroke and it residuals
(2) Imprisoned for at Lease 30 days, and Disability at lease 10Percent disabling:• Avitaminosis• Beriberi• Chronic dysentery• Helminthiasis• Malnutrition (including optic atrophy)• Pellagra• And other nutritional deficiency• Irritable bowel syndrome• Peptic ulcer disease• Peripheral neuropathy• Cirrhosis of the liver
Vietnam Veterans(Exposed toAgent Orange)Served in the Republic ofVietnam between 1/9/62 and 5/7/75:• Chloracne or other acneform disease similar to Chloracne*• Porphyria cutanea tarda*• Soft-tissue sarcoma (other than osteosarcoma, kaposi’s sarcoma or mesothelioma)• Hodgkin’s disease• Multiple myeloma• Respiratory cancers (lung, bronchus, larynx, trachea)• Non-Hodgkin’s lymphoma• Prostate cancer• Acute and subacute peripheral neuropathy*• Type 2 diabetes• Chronic lymphocytic leukemia
*Must become manifest to A degree of 10 percent orMore within a year after the last date on which the veteran was exposed to an Herbicide agent duringActive military, naval, or airService.
Atomic Veterans(Exposed to Ionizing Radiation)Participated in atmospheric nuclear testing; occupied or was a POW in Hiroshima or Nagasaki; service before 2/1/92 at a diffusion plant in Paducah, KY, Portsmouth, OH, or Oak Ridge, TN or service before 1/1/74 at Amchitka Island, AK:• All forms of leukemia (except for chronic lymphocytic leukemia)• Cancer of the thyroid, breast, pharynx, esophagus, stomach, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary tract (renal pelves, ureter, urinary bladder and urethra), brain, bone, lung, colon, ovary• Bronchiole-alveolar carcinoma• Multiple myeloma• Lymphomas (other than Hodgkin’s disease)• Primary liver cancer (except if cirrhosis or hepatitis B is indicated)
Gulf War Veterans(Undiagnosed Illness)Served in the SouthwestAsia Theater ofOperations during the Gulf War with condition at least 10 percent disabling by 12/31/11. Included are medically unexplained chronic multi-symptom illnesses defined by a cluster of signs or symptoms that have existed for six months or more, such as:• Chronic fatigue syndrome• Fibromyalgia• Irritable bowel syndrome• Any diagnosed or undiagnosed illness that the Secretary of Veteran Affairs determines warrants a presumption of service connection
Signs or symptoms of an undiagnosed illness include:Fatigue, skin symptoms, headaches, muscle pain, joint pain, neurological symptoms, respiratory symptoms, respiratory symptoms, sleep disturbance, GI symptoms, cardiovascular symptoms, weight loss, menstrual disorders
No presumptions may be invoked on the basis of the degree of advancement of the disease when first definitely found (after the presumptive period) to establish that the disease was present to the required extent during the applicable presumptive period. [38 CFR § 3.307(c)] This does not mean that the disease must be diagnosed during the presumptive period, only that there is acceptable evidence of characteristic manifestations of the disease to the required degree, followed without an unreasonable lapse of time by a definitive diagnosis. (Note, however, that the degree of advancement of a condition at the time it is first found may be a basis for finding that the condition was present but unrecognized while the veteran was still on active duty.)
There are special rules for establishing service connection for a hearing loss. Notwithstanding that no hearing loss is shown on entrance examination, and that while on active duty the veteran is diagnosed as having a hearing loss, service connection still may not be established for that hearing loss unless and until it meets the minimum levels set out in 38 CFR 3.385.
Service connection may not be established for transitory illnesses or superficial injuries, which resolve or heal with no ascertainable chronic or permanent residuals. [38 CFR § 3.303(b)] Simi¬larly, service connection may not be established for congenital or developmental defects such as a personality disorder or simple refractive error of the eye. [38 CFR §§ 3.303(c), 4.9] Service connection by aggravation may not be established if the pre-existing condition does not become permanently worse during or after service, except for conditions which become symptomatic during or immediately following combat or internment as a prisoner of war. [38 CFR § 3.306(b)(2)] Remedial treatment in service for a pre-existing condition will not establish service connection unless the treatment is unsuccessful or otherwise aggravates the condition. [38 CFR § 3.306(b)(1)] Service connection may not be established for any disease or injury which is not incurred or aggravated in line of duty, or which is either the direct or the remote result of the veteran’s own willful misconduct. [38 CFR § 3.301(a)]
There is no minimum length of service required to establish direct service connection by incur¬rence or aggravation. Presumptive service connection for a chronic or tropical disease requires that the veteran have at least 90 consecutive days of active service during a wartime period or after January 31, 1946. [38 CFR § 3.307(a)(1)] Presumptions based on status as a prisoner of war require that the veteran have been held captive for at least 30 days, except for mental or emotional disorders (not dementias), residuals of frostbite, post-traumatic arthritis, hypertensive cardio¬vascular disease and atherosclerotic cardiovascular disease and their complications, including stroke, congestive heart failure, etc., which have no minimum length of captivity requirement. [38 CFR § 3.309(c)] Other presumptions require affirmative evidence that the veteran met (or meets) specific requirements such as to exposure, service at specified locales during specified times, etc.
Veterans may be eligible for disability compensation and health care benefits for diseases that VA has recognized as associated with exposure to Agent Orange and other herbicides:
Acute and Subacute Peripheral Neuropathy - A nervous system condition that causes numbness, tingling, and motor weakness. Under VA's rating regulations, it must be at least 10% disabling within 1 year of exposure to Agent Orange and resolve within 2 years after the date it began.
AL Amyloidosis - A rare disease caused when an abnormal protein, amyloid, enters tissues or organs. Chloracne (or Similar Acneform Disease) - A skin condition that occurs soon after exposure to chemicals and looks like common forms of acne seen in teenagers. Under VA's rating regulations, chloracne (or other acneform disease similar to chloracne) must be at least 10% disabling within 1 year of exposure to Agent Orange.
Chronic Lymphocytic Leukemia (Now Being Expanded to B Cell Leukemias) - A type of cancer which affects white blood cells. Currently, only chronic lymphocytic leukemia is a "presumptive" disease associated with Agent Orange exposure; however, on March 25, 2010, VA published a proposed regulation to establish B cell leukemias (includes chronic lymphocytic leukemia, hairy cell leukemia and others) as associated with Agent Orange exposure. Eligible Vietnam Veterans may receive disability compensation for other B cell leukemias when the regulation is final.
Diabetes Mellitus (Type 2) - A disease characterized by high blood sugar levels resulting from the body’s inability to respond properly to the hormone insulin.
Hodgkin’s Disease - A malignant lymphoma (cancer) characterized by progressive enlargement of the lymph nodes, liver, and spleen, and by progressive anemia.
Ischemic Heart Disease - A disease characterized by a reduced supply of blood to the heart, that leads to chest pain. On March 25, 2010, VA published a proposed regulation that will establish ischemic heart disease as associated with Agent Orange exposure. Eligible Vietnam Veterans may receive disability compensation for this disease when the regulation is final.
Multiple Myeloma - A disorder which causes an overproduction of certain proteins from white blood cells. Non-Hodgkin’s Lymphoma - A group of cancers that affect the lymph glands and other lymphatic tissue. Parkinson’s Disease - A motor system condition with symptoms that include a trembling of the hands, imbalance, and loss of facial expression. On March 25, 2010, VA published a proposed regulation that will establish Parkinson's disease as associated with Agent Orange exposure. Eligible Vietnam Veterans may receive disability compensation for this disease when the regulation is final.
Porphyria Cutanea Tarda - A disorder characterized by liver dysfunction and by thinning and blistering of the skin in sun-exposed areas. Under VA's rating regulations, it must be at least 10% disabling within 1 year of exposure to Agent Orange.
Prostate Cancer - Cancer of the prostate; one of the most common cancers among men.
Respiratory Cancers - Cancers of the lung, larynx, trachea, and bronchus. Soft Tissue Sarcoma (other than Osteosarcoma, Chondrosarcoma, Kaposi’s sarcoma, or Mesothelioma)A group of different types of cancers in body tissues such as muscle, fat, blood and lymph vessels, and connective tissues.
all forms of leukemia (except for chronic lymphocytic leukemia).cancer of the thyroid, breast, pharynx, esophagus, stomach, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary tract (renal, pelvis, ureter, urinary bladder and urethra), brain, bone, lung, colon, and ovary, bronchiolo-alveolar carcinoma, multiple myeloma, lymphomas (other than Hodgkin’s disease), and primary liver cancer (except if cirrhosis or hepatitis B is indicated).
Combat – This is any action against an enemy of the USA.
Sexual –This is an event of human design that threatens or inflicts harm, such as rape, physical assault, domestic battering, robbery, mugging, and stalking.
Life threatening situations – These circumstances may include natural disasters such as fires, floods, earthquakes; vehicular or plane crashes. It may not be limited to a single dramatic incident but may be duty in a burn unit, a grave registration unit, or in the liberation of POW camps.
To be service connected you must:
Have medical evidence establishing a clear diagnosis of the condition,Credible supporting evidence that the claimed in-service stressor actually occurred, and a nexus (link) established by medical evidence between current problems or symptoms and the claimed stressor.
Undiagnosed Illnesses – Recent legislation authorized disability compensation for Gulf War Vets with chronic, UNDIAGNOSED illnesses with developed after the left the Persian Gulf.
To Qualify for undiagnosed illnesses – Location of service, served after Aug 2, 1990, and must suffer from qualifying chronic disability.
An Undiagnosed illness - A medically unexplained chronic multi-symptom illness (such as chronic fatigue syndrome, fibromyalgia, or irritable bowel syndrome) that is defined by a cluster of signs or symptoms and diagnosed illness that the VA secretary determines warrants a presumption.
A chronic condition is – a disability that exists for 6 months or more or worsening over 6 months.
Qualifying chronic disability – must have appeared during active duty or at least 10% during the presumptive period.Undiagnosed illnesses.Fatigue.Skin disorder.Headaches.Muscle pain.Joint pain.Neurological symptoms.Neuropsychological symptoms.Symptoms involving the respitory system.Sleep disturbances.Gastrointestinal symptoms.Abnormal weight loss.Menstural disorder.2 or more of the combines above issues.
1. (Unless otherwise specified, when section or chapter is mentioned in this part, it is referencing Title 38, United States Code.)
a. Benefits. “Benefits” available to veterans and their dependents authorized by laws administered by the VA.
b. Veteran. “Veteran” means person who served in the active military, naval, or air service, and who was discharged or released there from under conditions other than dishonorable. (Sec. 101(2), 1301)
c. Veteran of Any War. “Veteran of any war” means any veteran who served in the active military, naval, or air service during a period of war. (Sec. 101 (12))
d. Active Military, Naval, or Air Service. “Active military, naval, or air service” includes active duty; any period of active duty for training during which the individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty; and any period of inactive duty training during which the individual concerned was disabled or died from an injury incurred or aggravated in line of duty or from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident which occurred during such training. (Sec. 101 (24))
e. Compensation. “Compensation” means a monthly payment made to the veteran because of a service-connected disability or to a [surviving] spouse, child or dependent parent of a veteran because of a service-connected death occurring before January 1, 1957. (Sec. 101(13))
f. Dependency and Indemnity Compensation. “Dependency and Indemnity Compensation” means a monthly payment made to a surviving spouse, child or parent because of a service-connected death occurring after December 31, 1956, or the election in the case of such a death occurring before January 1, 1957. (Sec. 101 (14))
g. Pension. “Pension” is a monthly or (other periodic payment) payment to a wartime veteran because of service, age or (nonservice-connected disability), or to a surviving spouse or child of a veteran because of the nonservice-connected death of the veteran. (Sec. 101 (15))
h. Service Connected. “Service connected” means with respect to disability or death, that such disability was incurred in or aggravated during service, or the death resulted from a disability incurred or aggravated in line of duty in the active military, naval, or air service. (Sec. 101 (16))
i. Nonservice Connected. “Nonservice connected” means with respect to disability or death, that such disability was not incurred or aggravated, or that the death did not result from a disability incurred or aggravated, in line of duty in the active military, naval, or air service. (Sec. 101 (17))
j. Preservation of Disability Ratings. A disability, which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes, will not be reduced to less than such evaluation except upon a showing that such a rating was based on fraud. Likewise, a rating of permanent total disability for pension purposes, which has been in force for 20 or more years, will not be reduced except upon a showing that the rating was based on fraud. The 20-year period will be computed from the effective date of the evaluation to the effective date of reduction of evaluation. Service connection for any disability or death which has been in effect for 10 or more years will not be severed except upon a showing that the original grant was based on fraud, or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The 10-year period will be computed from the effective date of the finding of service connection to the effective date of the rating decision severing service connection. The protection afforded in this section extends to claims for dependency and indemnity compensation or death pension. (Secs. 110, 1159, 5112; 38 CFR 3.951, 3.957)
k. Line of Duty. Injury or disease incurred on active duty, including authorized leave, unless such injury or disease was the result of the veteran’s own willful misconduct. (Sec. 105; 38 CFR 3.1, 3.301)
l. Willful Misconduct. An act involving deliberate or intentional wrongdoing with knowledge of, or wanton and reckless disregard of, its probable consequences.
A claimant has one year from the date of the notification of a VA decision to file an appeal. The first step in the appeal process is for a claimant to file a written notice of disagreement with the VA regional office or medical center that made the decision.
Following receipt of the written notice, VA will furnish the claimant a “Statement of the Case” describing what facts, laws and regulations were used in deciding the case. To complete the request for appeal, the claimant must file a “Substantive Appeal” within 60 days of the mailing of the Statement of the Case, or within one year from the date VA mailed its decision, whichever period ends later.
Board of Veterans’ Appeals -
The Board of Veterans’ Appeals makes decisions on appeals on behalf of the Secretary of Veterans Affairs. Although it is not required, a veterans service organization, an agent or an attorney may represent a claimant. Appellants may present their case in person to a member of the Board at a hearing in Washington, D.C., at a VA regional office or by videoconference.
U.S. Court of Appeals for Veterans Claims -
A final Board of Veterans’ Appeals decision that does not grant a claimant the benefits desired may be appealed to the U.S. Court of Appeals for Veterans Claims, an independent court, not part of the Department of Veterans Affairs
http://store.usgs.gov/pass
(The pass may be issued to U.S. Citizens or permanent residents of the U.S., regardless of age, that have been medically determined to have a permanent disability that severely limits one or more major life activities.)
Free = $80 Value More...
Active duty means full-time service:
a. In the Armed Forces. (Other than active duty for training.)
b. Service as a cadet at the US Military, Air Force, or Coast Guard Academy; or as a midshipman at the U. S. Naval Academy.
c. Travel time authorized to report for duty is included in active duty. (Sec. 101 (21))
4. ACTIVE DUTY FOR TRAINING
“Active duty for training” means:
a. Reservists on full-time duty for training purposes in the Armed Forces.
b. Full-time duty for training purposes performed by a commissioned officer of the Reserve Corps of the Public Health service on or after July 29, 1945, or before that date under circumstances affording entitlement to full military benefits, or at any time for purposes of Dependency and Indemnity Compensation (DIC);
c. Members of the National Guard or Air National Guard of any state, performing full-time training duty, under title 32, 316, 502, 503, 504, or 505, or the prior corresponding provisions of law;
d. Annual training duty by a member of a Senior ROTC (Reserve Officers’ Training Corps) program when the member is ordered to duty for the purpose of field training or a practice cruise for a period of not less than 4 weeks. A “senior” ROTC program is a 2- or 4-year program at the college or university level.
e. Including travel to and from such duty (Sec. 101 (22)).
5. INACTIVE DUTY TRAINING.
“Inactive duty training” means
a. Duty, other than full-time duty, prescribed for Reservists, including commissioned officers of the Reserve Corps of the Public Health Service by the Secretary concerned under 37 USC 206 or any other provision of law;
b. Special additional duties authorized for Reservists including commissioned officers of the Reserve Corps of the Public Health Service, performed by them on “a voluntary” basis;
c. Training other than active duty for training by a member of or applicant for membership in the Senior Reserve Officers’ Training Corps prescribed under chapter 103 of title 10, United States Code;
d. Inactive duty training does not include work or study performed in connection with correspondence courses, attendance at an educational institution in an inactive status, or duty performed as a temporary member of the Coast Guard Reserve. (Sec. 101 (23));
e. Travel time authorized to perform active duty for training or inactive duty for training includes authorized travel to and from such duty. (Sec. 106 (e), Op. G.C. 1-64).