DAV 15 Auxiliary in the Spotlight
DAVAuxiliary Unit #15
Posted: As of June 11, 2018
DAVA Unit #15 - DAV's Auxiliary have their very own Web Page.
Posted: September 23, 2021
When a veteran’s disability is rated less than a total 100% evaluation, but he or she is unable to obtain or maintain substantial gainful employment, VA regulations allow the veteran to apply for Total Disability Based on Individual Unemployability (IU). Eligibility for IU is based on the severity of the individual veteran’s unique disability picture and its impact on the veteran’s ability to obtain and maintain substantial gainful employment. Generally, the veteran must have a single disability rated at 60% or a combined evaluation of 70% to be eligible for IU.
In recent years, proposals for reducing or limiting IU has been the focus of many Congressional Budget Office and Government Accountability Office reports—as a deficit reducing measure. In December 2018, it was suggested to terminate and cutoff IU benefits at the age of 65 and in December 2020, it was recommended to restrict IU once a veteran reaches the age of 67.
H.R. 4732, the Protecting Benefits for Disabled Veterans Act, would provide additional protections for IU and prohibit the VA from considering the age of the veteran or their eligibility to any retirement benefits, including Social Security, in making such determinations. This bill would protect IU benefits from any ill-conceived cost-saving measures in the future.
DAV strongly supports H.R. 4732, as it would protect IU for approximately 200,000 veterans over the age of 65 currently receiving this benefit. This bill would ensure the availability of IU for all veterans regardless of age or receipt of any other earned federal benefits. Consistent with DAV Resolution No. 153, DAV supports the protection of IU as it is not a retirement or pension program.
We are calling on all DAV members and supporters to contact their Representatives and urge them to co-sponsor and support H.R. 4732 to protect veterans and their families now and in the future from these harmful proposals. Thank you for all you do for America’s veterans and their families.
We wanted to update you with new information from VA about when newly eligible veterans will be able to apply for caregiver benefits. As previously reported, VA recently published new regulations to expand the Program of Comprehensive Assistance for Family Caregivers (PCAFC) to pre-9/11 veterans, beginning with those from World War II, the Korean and Vietnam war eras whose injuries or illnesses occurred on or before May 7, 1975. The second expansion phase will cover veterans whose injuries or illnesses occurred between May 8, 1975 and September 10, 2001.
According to VA, this expansion will not occur and become official until the Secretary certifies a new caregiver IT system and it is fully implemented. VA also notes that it will not approve any new applications for caregiver benefits based on this expanded eligibility prior to that date, which is expected to be October 1st (the same day the new regulations take effect). Only new applications received by VA on or after the IT certification date (also expected to be October 1st) will be considered or approved based on the new expanded eligibility for World War II, Korean War and Vietnam veterans in phase one.
It is important to remember that having a service-connected injury or illness—regardless of the level of disability compensation—does not automatically qualify a veteran for PCAFC benefits. VA must first make a clinical assessment of each individual’s caregiving needs and approve both the veteran and their designated caregiver into the program before VA will begin to provide benefits.
According to VA’s new regulation, a phase one veteran’s effective date for caregiver benefits, including stipends, would be:
“…the latest of the following dates:
(1) The date the joint application that resulted in approval and designation of the Family Caregiver is received by VA.
(2) The date the eligible veteran begins receiving care at home.
(3) The date the Family Caregiver begins providing personal care services to the eligible veteran at home.”
Therefore, if you are a World War II, Korean War or Vietnam era veteran who currently has a family caregiver providing you with caregiving services in your home, you may become eligible on the date your application is received by VA as long as it is on or after the IT certification date, (expected to be October 1st) and VA has determined that both you and your caregiver meet the clinical criteria for the program.
To reiterate—if your application for benefits is approved, and your designated caregiver is approved into the program, your benefits may be payable back to the date the application was received (on or after October 1st) if your caregiver was already providing personal care services at your home. If you do not currently have a caregiver but you are found to be eligible for the program, and your application is approved and clinical need is determined, the effective date would be the date the designated caregiver begins providing personal care services to the eligible veteran.
VA is expected to provide further information later this month about the IT certification date and will make an official announcement when applications will be accepted. We will keep you updated once we receive this information. You can also find VA’s latest announcements about the program and the expansion to pre-9/11 veterans here.
Posted: September 18, 2020
H.R. 7504, the VA Clinical TEAM Culture Act of 2020, would require mental health providers participating in VA’s Community Care Network program to meet the same clinical standards and requirements as those applicable to VA mental health providers. It would further require that community care providers engage in training on military culture and a number of other courses including, screening and management of suicidal ideation, military sexual trauma, post-traumatic stress disorder and traumatic brain injury.
DAV has had longstanding concerns about the inability to gauge the quality and accessibility of services provided by non-VA providers for specialized mental health care—particularly for treatment of conditions unique to military service such as post-traumatic stress disorder related to combat and military sexual trauma. A 2018 study published by the RAND Corporation found that many non-VA providers surveyed expressed reservations about their lack of preparedness for treating conditions related to veterans’ military service.
DAV strongly believes that veterans deserve the same standard of care when seeking care through VA’s Community Care Network. We support H.R. 7504, in accordance with DAV Resolution No. 378, which notes that care provided to veterans in the community, when VA care is inaccessible, should be delivered through responsive integrated networks that deliver culturally competent, high quality evidence-based care.
Please use the prepared letter to urge your Representative to support passage of H.R. 7504—the VA Clinical TEAM Culture Act of 2020.
Thank you for your support of the Commander’s Action Network.