Texas Estate Planning

Do I Need to Hire an Attorney for VA Aid & Attendance?

If you’re familiar with the VA office, then you know that sometimes there are hoops to jump through simply in order to get access to your well-earned benefits. The rules and regulations guiding this service are often updated each year with new laws that affect Veterans. 

 

And actually, the Department of Veteran Affairs will only work with law firms that are accredited by the VA. Sandra Perez Ard (aka Sandy), Ard Law Firm’s founding attorney, has paid her dues and worked hard to ensure quality legal services to Veterans across the great state of Texas by becoming a VA accredited attorney. 

 

What is VA Aid & Attendance? 

According to the U.S. Department of Veteran Affairs, “Aid & Attendance (A&A) is an increased monthly pension amount paid if you meet one of the conditions below: 

• You require help performing daily functions, which may include bathing, eating, or dressing. 
• You are bedridden. 
• You are a patient in a nursing home. 
• Your eyesight is limited to a corrected 5/200 visual acuity or less in both eyes; or concentric concentration of the visual field to 5 degrees or less.” 

 

Over the past decade, we’ve helped many aging Veterans and their spouses in Texas keep their homes and afford assisted living. At Ard Law Firm, PLLC, we’ve learned how best to navigate the application process to ensure that everything works out smoothly for you and your family’s needs. 

 

Our attorneys attend continuous training that keeps them up to date on the laws and regulations that affect your assets when applying for VA Aid & Attendance. This specialized training and continued education is why hiring a VA accredited attorney is very important. 

 

We care about our nation’s Veterans and will work hard to get you and your loved ones all that you deserve. When you let us get you your entitled benefits, the benefits come to you and your family, giving you full control. It allows you to decide who you want to use as caregivers or what assisted living facility you want to live at. You maintain control of your money, not the service who helped you get the benefits.

Resources for Veterans

Our nation’s Veterans deserve the absolute best in care, housing, legal services, and everything in between. That’s why here at Ard Law Firm, PLLC, we keep our skills focused on Veterans Aid & Attendance. Honing our legal strategies to one specific service ensures that our clients are getting our absolute best work and that we’re able to implement new tactics as the laws change regarding Aid & Attendance services.

Veterans Aid & Attendance is specifically for aging and disabled Veterans or their spouse, but we know that all Veterans deserve the support they need; that’s why we’ve gathered some third-party resources for Veterans even if they don’t meet the Aid & Attendance requirements. If Ard Law Firm can’t be there for you, we hope this article helps you find someone who can.

The following organizations were found using findhelp.org — it’s a great and simple resource to find all types of services. We just typed in “Veterans” and our zip code and found over 400 results. Please note that Ard Law Firm has not had any experience with these organizations, we cannot comment on the quality of their services, we just wanted to let you know they’re available.

• TrueConnect - free broadband internet services for Veterans
• Canine Companions - provides service dogs to Veterans
• Roger - mental health services for Veterans
• U.S. Small Business Association - support for Veterans who own a small business
• Marriage Management - military marriage enrichment classes
• Grace After Fire - immediate financial assistance to women Veterans
• Stand Beside Them - free health and wellness coaching to Veterans and their loved ones

We are so thankful that there are so many organizations answering the call to support our nation’s Veterans. We know the search for the right organization can be exhausting and isolating and we hope that you found something to meet your needs on findhelp.org.

Before we dive in on the details of Veterans Aid & Attendance, we wanted to share one of our favorite resources for requesting your DD214—it’s called Aardvark Research. It is a paid service, but we’ve found it to be the quickest way to obtain one’s DD214. Many of our Veteran clients find their services incredibly useful and responsive.

The Ard Law Firm team is proud to serve this nation’s Veterans across the great state of Texas. For more information about Veterans Aid & Attendance requirements, read below, locate your DD214, and give our office a call (713-429-0218).

Aid & Attendance Requirements:

1. Active Duty Wartime Veteran or Widow
2. Medical Need
3. Income
4. Assets
5. 3 Year Look-back Period

1. Active Duty Wartime Veteran or Widow

You do not need to have served in a war zone to qualify, just need to be enrolled in service for at least 90 days with at least 1 day of service falling within the following time frames:

• World War II: December 7, 1941 — December 31, 1946
• Korean Conflict: June 27, 1950 — January 31, 1955
• Vietnam Era: February 28, 1961 — May 7, 1975, for Veterans who served in the Republic of Vietnam during that period; otherwise August 5, 1964 — May 7, 1975
• Gulf War: August 2, 1990, through a future date to be set by Presidential proclamation or law (for VA benefits purposes, this time of war is still in effect)

2. Medical Need

The information in the Medical Need section is taken directly from the U.S. Department of Veteran Affairs website: https://www.va.gov/pension/aid-attendance-housebound/ ****

At least one of these must be true:

• You need another person to help you perform daily activities, like bathing, feeding, and dressing, or
• You have to stay in bed—or spend a large portion of the day in bed—because of illness, or
• You are a patient in a nursing home due to the loss of mental or physical abilities related to a disability, or
• Your eyesight is limited (even with glasses or contact lenses you have only 5/200 or less in both eyes; or concentric contraction of the visual field to 5 degrees or less)

3. Income

Income and asset limits change each year as new laws are passed. This is where having a licensed professional work on your case can be very important as there are various forms of income and various tools for handling income in the application that are so unique to each individual case that we cannot cover them all in this blog post. For 2024, the following income limits are also the maximum monthly pension rate that applicants are able to receive through Aid & Attendance:

• Married Veteran (w/ non-Vet spouse): $2,727
• Single Veteran: $2,301
• Widow of Veteran: $1,479

4. Assets

Each applicant is allowed to own various assets, but the general rule for 2024 is that applicants are allowed to own a total of $155,356 in assets. Again, each asset has its own rules and this is a section of the application of Veterans Aid & Attendance that could greatly benefit from having a licensed professional review your assets to ensure each item is accounted for appropriately.

5. 3 Year Look-back Period

The U.S. Department of Veteran Affairs will review 3 years of income and assets to see if you meet their qualification standards. Again, this is a portion of the application that is best reviewed by a licensed professional as you might be able to qualify with certain penalty periods and specific trusts for your income and assets.

If you have any questions or need support with activities of daily living, don’t hesitate to give us a call and schedule your FREE consultation with us: 713-429-0218.

Serving our Veterans, Veteran's Aid & Attendance

 

With Memorial Day just around the corner, we wanted to highlight the service we provide for our nation’s Veterans: VA Aid & Attendance. 

 

Our founding attorney, Sandra Perez Ard, is the daughter of an American Veteran. She saw there was very little guidance for her father when navigating the Department of Veteran Affairs and has dedicated herself to serving aging and disabled Veterans and their families. The team at Ard Law Firm, PLLC is dedicated to helping our nation’s Veterans as they age by helping them achieve peace of mind, while accessing the medical care they need. 

 

What is Veterans Aid & Attendance?

Veterans Aid & Attendance (VA A&A) is an increased monthly pension to supplement the income of wartime Veterans. This program is offered to aging and disabled Veterans and their spouses. 

 

What can Aid & Attendance be used for? 

• Medications 
• Assisted Living 
• Incontinence Supplies 
• Medical Equipment 
• Glasses 
• Hearing Aids 

 

VA A&A Application Process 

There is a lot of paperwork involved in applying for Veterans Aid & Attendance and we are here to help you keep track of it all. Of course, it all starts with your DD214 so be sure to get your hands on that first and we’ll go from there. 

 

Eligibility Requirements: 

There are 5 main tests to ensure an applicant is eligible to qualify for VA Aid & Attendance: 

1. Active Duty Wartime Vet or Widow 
1. WWII: 12/7/1941 - 12/31/1946
2. Korea: 06/27/1950 - 01/31/1955
3. Vietnam: 08/05/1964 - 05/07/1975 *more dates if served in country
4. Persian Gulf: 08/02/1990 - present 
2. Medical Need (directly from the Department of Veteran Affairs) “If you meet one of the conditions below: 
1. You require help performing daily functions, which may include bathing, eating, or dressing. 
2. You are bedridden. 
3. You are a patient in a nursing home. 
4. Your eyesight is limited to a corrected 5/200 visual acuity or less in both eyes; or concentric concentration of the visual field to 5 degrees or less.”
3. Income 
1. “Countable Income” is all income to Veteran and spouse, including, including social security, pension, interest on financial accounts, annuities, and RMDs on retirement accounts. 
4. Assets 
1. The limit on “countable assets” changes every year but it includes all financial accounts and cash value life insurance as well as retirement investment accounts. 
5. 3 Year Look-back period 
1. This look-back period involves your finances. Have you made any large gifts in the last 3 years? This can affect your financial eligibility. 

 

Because we Care

Our attorneys attend training in order to stay up to date on the law and best practices when navigating the Department of Veterans Affairs. Sandy Perez Ard has also taken the steps to become accredited with the VA, ensuring that we can submit appeals and complaints on your behalf throughout the application process. 

 

We care about our nation’s Veterans and will work hard to get you and your loved ones all that you deserve. When you work with us to get your entitled benefits, the benefits come directly to you and your family, giving you full control. Which allows you to decide who you want to use as caregivers or what assisted living facility you want to live at. 

 

Over the past decade, we’ve helped many aging Veterans and their spouses in Texas keep their homes and afford assisted living. At Ard Law Firm, PLLC, we’ve learned how best to navigate the application process to ensure that everything works out smoothly for you and your family’s needs. Call today to schedule your FREE consultation 713-429-0218 or mark your calendars for July 22nd and hear VA-Accredited attorney, Sandra Perez Ard, share her decade's worth of wisdom: https://tinyurl.com/ynhev7hb 

Have VA Caregiver Benefits Expanded?

The move was originally scheduled to take place in 2020. However, had been delayed two years as officials refined processing and support for the program. Currently, only veterans who served before May 1975 or after September 2001 are eligible for the benefits.

Military Times’ recent article entitled “VA caregiver benefits expand to all vets on Oct. 1” reports that roughly 43,000 veterans are currently enrolled in the Program of Comprehensive Assistance for Family Caregivers. It is designed to support and compensate full-time caregivers providing at-home assistance to severely wounded veterans. However, many families feared they would be dropped from the program in 2023.

Dr. Colleen Richardson, executive director of the program, said officials anticipate adding about 16,000 more families over the next year.

“Our caregiver support line is ready, we will have double the number of staff on board in case anyone has any issues or concerns,” Richardson said of the Saturday start date for the expansion.

Stipends vary based on where veterans reside but generally are about $3,000 a month for the most severely wounded individuals and $1,800 for others in need of around-the-clock care. The VA also provides training and medical support for eligible veterans and family members.

The PCAFC took heat last year when the VA announced plans to review the cases of “legacy” participants (individuals who enrolled before Oct. 1, 2020) to ensure that they still meet the criteria for receiving benefits. However, after public outcry, the VA leadership announced they would re-examine changes to the eligibility rules and stop all program dismissals. Officials recently said all families currently in the program will be ensured participation until at least 2025, while new eligibility criteria is developed.

At a press conference in September, VA Secretary Denis McDonough said he was confident in the direction of the program but also understands the skepticism among some families. The move is part of the PACT Act, passed this summer to improve benefits for veterans dealing with those injuries.

“They’re in a posture of ‘trust but verify,’” he said. “And we are in a posture of wanting to walk the walk, and through execution earn that trust. It may be challenging, but we’re determined to do it.”

Richardson said officials plan on contacting currently participating families to make sure they understand the recent expansion and reassure them that the moves won’t hurt their benefits. VA officials have also hired 300 new employees in recent months to help with the anticipated additional workload. About 120,000 new applications are expected in the next year. Richardson said based on historical trends, about a third of applications are approved.

Reference: Military Times (Sep. 30, 2022) “VA caregiver benefits expand to all vets on Oct. 1”

New Report Released on Private Sector Medical Care Versus the VA

Advocates said the lack of clear data on the issue is concerning in light of the significant expansion in the program in recent years and the emphasis placed on the community care program by lawmakers and federal officials, says Military Times’ recent article entitled “Private sector medical care may not be faster or cheaper than VA.”

“The complexity of the Veterans Health Administration patient population makes care coordination critical for improving patient outcomes and decreasing costs,” researchers with the RAND Corporation wrote in the new report, released Tuesday. “Poorly coordinated care between VHA and community care providers could result in confusion for patients, duplicative tests, increased costs, and lower-quality care.”

The VA will close down the Office of Community Care soon and replace it with a new agency. The program has expanded significantly in recent years, with critics of the VA health care system saying the private sector physicians are needed to cut down on veterans’ wait and travel times for health care.

VA officials have reported that 44% of all health services are handled through community care offerings. The budget for those programs more than doubled from fiscal 2014 to fiscal 2021, when spending was more than $18.5 billion. That equated to nearly 20% of all VHA spending. The fiscal 2023 budget calls for that total to rise to about 23%.

The new RAND analysis said data still doesn’t exist to prove claims that community care is a better choice for most veterans.

“Little is known about how the costs of care provided directly by VHA compare with the costs of community care,” the authors wrote. “Although comparisons between the cost of VHA-delivered and community care are limited, there are some indications that community care may be more expensive than VHA-delivered care.”

Similarly, the researchers said that studies so far indicate that access to private sector medical appointments “may be no better than access to care at VHA facilities,” especially as VA has improved appointment wait times in recent years.

“However, there may be certain populations of veterans for whom community care has significantly improved access,” the report states.

“Rural veterans, who make up nearly half of VHA patients, are more likely to live in areas with provider shortages and hospital closures, and they generally have to drive greater distances to see providers community care may improve access for [those] veterans,” the report notes.

The report also says that private sector physicians without specific training on veterans’ issues may be more likely to miss complications arising from military sexual trauma, battlefield injuries, or toxic exposure in the service.

“As Secretary of Veterans Affairs Denis McDonough recently stated, the future of VHA depends on its ability to attract veterans to its facilities and keep those veterans returning for their needed medical care,” the report states.

“Coordinating with community care providers and ensuring that eligible veterans can access the high-quality care they need in a timely fashion, whether at VHA facilities or in the community, will be integral to achieving those goals,” the report adds.

Reference: Military Times (Sep. 6,  2022) “Private sector medical care may not be faster or cheaper than VA”

How Big Is the COLA for Vets This Year?

The big increase reflects the rising cost of inflation throughout the last year. In a statement, acting Social Security Administration Commissioner Kilolo Kijakazi said the move will give beneficiaries “more peace of mind and breathing room.”

Military Times recent article entitled “Veterans, retirees get 8.7% Social Security cost-of-living boost” says the move will directly impact roughly 65 million Americans getting Social Security benefits. VA officials said the average beneficiary will see an increase of about $140 in their monthly payouts. For a vet getting about $1,500 in monthly payouts, that level of increase would mean about $130 extra each month. And while the increase is for 2023, some veterans and retirees will see their first increase in their December 2022 checks.

The announcement also affects veterans and military retirees, whose benefits increases are tied to the Social Security figure. Last month, Congress approved legislation linking veterans payouts to the Social Security mark—a non-controversial but annual requirement for lawmakers. President Biden signed the measure into law this week.

The 2022 COLA was 5.9%. The 8.7% figure is the highest announced since 1981, when the COLA adjustment was more than 11%.

Whether that will be enough to address higher grocery and fuel costs is unclear. Advocacy groups in recent months have pushed for more assistance for vets and retirees dependent on the payouts, as inflation costs have risen.

Federal officials announced that the Consumer Price Index (CPI), a formula that measures the average change in the price of consumer goods, was at 8.2% in September. That’s higher than many outside analysts had anticipated. It could be a sign of continued higher costs for consumers for months to come.

About five million veterans and two million military retirees get benefits checks each month. The COLA increase legislation would apply to payouts for disability compensation, clothing allowance, dependency, and indemnity benefits, as well as other VA assistance programs.

In a statement, Representative Elaine Luria, D-Va. and the sponsor of House legislation linking veterans benefits to the Social Security boost, called the announcement “critical financial help to our veterans and their families during these challenging times.”

Reference: Military Times (Oct. 13, 2022) “Veterans, retirees get 8.7% Social Security cost-of-living boost”

Vets May See a Big COLA Jump Next Year

Federal officials aren’t expected to announce the Social Security benefits adjustment until mid-October. However, the nonprofit Senior Citizens League recently predicted a cost-of-living increase of about 8.7% for 2023, based on inflation data through the first eight months of the year.

Military Times’ recent article entitled “Vets benefits poised for biggest cost of living boost in 40 years” says that if the estimate is correct, it would be the highest annual increase since 1981. The 2022 cost-of-living adjustment was 5.9%.

For a veteran receiving about $1,500 in monthly payouts, that type of increase would result in roughly $130 extra each month.

Social Security and some other federal benefits are adjusted each year, to reflect increases in basic family costs like rent, groceries, and utilities. However, for veterans’ benefits, that process isn’t automatic. Congress must pass legislation annually to connect the two sets of benefits to ensure that veterans’ payouts keep pace with those increasing costs.

The House passed the legislation on September 15, and the Senate followed suit this week. Lawmakers called it a simple but significant move.

“With the global supply chain crisis continuing to impact Americans, disabled veterans, and military families, [this legislation] will ensure that the needs of our disabled veterans are being met,” bill sponsor Rep. Elaine Luria, D-Va., said in a statement.

The Department of Defense has announced several initiatives to improve quality of life for service members, including a boost in Basic Allowance in Housing for some troops. Senate leaders echoed that sentiment.

“We have a responsibility to ensure veterans’ benefits are keeping pace with a changing economy,” said Senate Veterans’ Affairs Committee Chairman Jon Tester, D-Mont. “That’s why I’m glad the Senate unanimously passed this bipartisan bill that’ll do just that — providing veterans and their families from every corner of the country with the support they need and earned.”

The COLA increase legislation would apply to payouts for disability compensation, clothing allowance, dependency and indemnity benefits, as well as other VA assistance programs. President Biden is expected to sign the measure into law in coming days.

Reference: Military Times (Sep. 23, 2022) “Vets benefits poised for biggest cost of living boost in 40 years”

How Will the PACT Act Help Veterans?

Luis Martinez, Assistant Director of the San Angelo Veteran Affairs, says older and newer generations of the armed forces joined together to get Biden to pass the PACT Act. The West Texas News’ recent article entitled “PACT Act passed by Biden assists veterans” explains that veterans who fell victim to toxic exposures and burn pits will finally be getting benefits from the U.S. Department of Veteran Affairs to help pay for their conditions.

“The younger generation learned from the lessons of the Vietnam veterans. They didn’t want to be in that same situation. So it was a team effort. Older and younger veterans all pulling together to fight it. Then just contacting the congressmen and women and say, hey, we need this. It took years and finally it passed,” Martinez explained.

Breathing in toxic fumes lead many veterans and 9/11 survivors to experience major health issues, including chronic sinusitis, rhinitis and chronic bronchitis. With this new law, if a vet was denied a disability claim in the past, they’re able to reapply and have another chance to get the help they need.

According to the VA website, here are the improvements the act will bring:

• The expansion and extension of eligibility for VA health care for veterans with toxic exposures and Veterans of the Vietnam, Gulf War, and post-9/11 eras
• The addition of more than 20 new presumptive conditions for burn pits and other toxic exposures
• The addition of more presumptive-exposure locations for Agent Orange and radiation
• The requirement that the VA provide a toxic exposure screening to every veteran enrolled in VA health care; and
• Assistance in improving research, staff education and treatment related to toxic exposures.

Th PACT Act will benefit not only victims, but families who have been affected by their loved ones' conditions.

“If you apply for benefits now and you get service connected for these issues. If something happens later down the road and you pass away from these conditions, those turn into survivor benefits for your family. We don't want to leave your family out. So that's why this bill is huge and it's important to all of us,” Martinez said.

If you're a veteran or survivor, more information on how to apply for the PACT Act can be found at VA.gov.

Reference: West Texas News (Aug. 22, 2022) “PACT Act passed by Biden assists veterans”

Why Did VA Approve Hundreds of Ineligible Doctors?

Lawmakers are demanding reforms in how the Department of Veterans Affairs screens outside doctors for patient medical care, after a recent Government Accountability Office review found the department’s referral list contains about 1,600 providers who are ineligible to treat veterans, including 601 who are dead, reports Military Times’ recent article entitled “VA approved thousands of ineligible doctors — now lawmakers want changes.”

“While [the list] represents a small percentage of the Veterans Community Care Program’s roughly 1.2 million active providers, they represent potential threats to veteran health and safety and risks for financial fraud,” a group of representatives wrote in a letter to VA health officials. “We urge VA to review all ineligible providers identified by GAO and, as appropriate, deactivate them in the Community Care Network so veterans are not referred to them for care.”

The request was authored by Representatives Chris Pappas, D-N.H.; Tracey Mann, R-Kansas; Julia Brownley, D-Calif.; and Jack Bergman, R-Mich. The letter comes amid increasing scrutiny of VA’s Community Care Program, which allows veterans to receive care from private-sector physicians but have the appointments paid for with taxpayer money.

The program has been a key part of VA health care for decades. However, recently conservatives have pushed to expand it dramatically amid questions about long wait times and specialist shortages at some VA medical centers. Critics of that plan have said that department officials need to improve their oversight of Community Care providers first and make sure they’re meeting the same medical standards and expectations of VA physicians. The latest GAO review appears to support that argument, saying that VA officials failed to exclude a small but significant number of ineligible providers from the program.

Along with 601 deceased physicians, the list included 216 active providers with revoked medical licenses and 796 who have surrendered their medical licenses in response to an investigation.

One provider had a nursing license expire in 2016, was arrested for assault in 2018 and convicted of patient abuse in 2019. Nonetheless, this nurse was still added to the Community Care list later in 2019, a move that VA officials have now said was a clerical error.

“The vulnerabilities we identified … indicate that veterans may potentially be at risk of receiving care from unqualified providers,” the GAO report states.

VA officials in response said that they will enact reforms with improvements in the periodic checks of provider credentials.

Reference: Military Times (Jan. 18, 2022) “VA approved thousands of ineligible doctors — now lawmakers want changes”

What’s the Latest News on Mental Health Benefits for Veterans?

Roughly 88% of those who took part in the Wounded Warrior Project’s annual survey have used the VA’s health care in the past, and 77% of the group have a disability rating of 70% or more. That makes them eligible for Veterans Affairs assistance.

Military Times’ recent article entitled “Wounded veterans still struggle to access mental health support: survey” reports that about one in five Wounded Warrior Project members surveyed responded that they have experienced issues getting mental health care. Of that group, 59% say they were not sure what professional mental health care options were available to them, and 66% said they would be embarrassed or ashamed to use those services.

Officials say the new survey from Wounded Warrior Project shows a need for more transition programs focused on women. The report had nearly 18,000 respondents. It also emphasizes the danger of the disconnect between those veterans’ needs and their access to those services. About one in four veterans surveyed said they had suicidal thoughts within the last year.

“Mental health continues to be a critical concern for this population of post-9/11 injured warriors,” said Dr. Melanie Mousseau, vice president of program operations for Wounded Warrior Project.

Because the survey is restricted only to the Wounded Warrior Project members, it is not necessarily reflective of the entire Iraq and Afghanistan War population or all injured veterans. However, officials said the findings do show the trends within the group’s 152,000 members, hinting at obstacles facing disabled veterans throughout the country.

“Our resources need to be targeted on the most impactful efforts, so we need to know where the biggest challenges are,” said Jennifer Silva, chief program officer for the Wounded Warrior Project. “We want to be a partner to everybody who wants to support veterans, whether it’s lawmakers, VA or corporations. Having this data in efforts like this is really important for that.”

Mental health and suicide prevention have been a major focus of VA programming in recent years, but they have had mixed results. Veteran groups have praised the work, but about 17 veterans a day die by suicide— a number that has remained largely constant over the last decade.

Among those surveyed, 78% reported having persistent sleep problems, 75% said they had symptoms of post-traumatic stress and three quarters (74%) reported struggles with depression. While major combat operations have ended overseas, the charity is seeing its membership numbers rise each month.

Roughly 16% said they have filed a disability claim related to injuries for toxic exposure, and about a third (32%) of those said they have been granted a service connection for those health issues.

About 83% of those surveyed said they feel like civilian peers respect their military service. However, only one in 10 said they think those civilians understood the sacrifices and stress of life in the military. Officials said they plan to use the findings to better target upcoming program offerings to veterans’ needs.

Reference: Military Times (Feb. 22, 2022) “Wounded veterans still struggle to access mental health support: survey”

What are Proposed Changes to Vets’ Disability Ratings?

The changes to the Department of Veterans Affairs disability ratings system are part of a review of the VA’s Schedule for Rating Disabilities. This governs how VA staffers evaluate and compensate veterans with service-connected injuries.

Military Times’ recent article entitled “Vets’ disability benefits for tinnitus, mental health issues may change” says Thomas Murphy, acting VA undersecretary for benefits, said the goal of the work was not to reduce or increase the number of veterans receiving disability benefits but instead to ensure that “veterans receive decisions based on the most current medical knowledge relating to their condition.”

For veterans currently receiving those payouts, the changes will not take away any existing benefits or lower their disability rating. However, vets could see their ratings increased based on the changes, if the new rules end up more advantageous to their health situation. Vets who apply for benefits in the future will see a different set of standards applied to their cases than their older peers. This could have significant financial ramifications for those individuals.

Under VA rules, a disability rating of at least 10% can mean monthly payouts of more than $140 for a vet. A vet who receives a disability rating of 100% — either from a single service-related condition or a combination of injuries and illnesses — can receive roughly $3,100 a month in disability compensation.

The number of veterans receiving compensation for sleep apnea — interrupted breathing during sleep — has increased dramatically in recent years. Under proposed changes, VA officials for the first time could offer a “0 percent evaluation” for asymptomatic sleep apnea, allowing the department to formally acknowledge a veteran’s condition without requiring any compensation if the condition is easily controlled with treatment. Vets would receive ratings of 10% or more for sleep apnea “only when treatment is either ineffective or the veteran is unable to use the prescribed treatment due to comorbid conditions.”  They can currently get a rating of 10% or more for the condition, even if treatments are effective at dealing with the condition.

Veterans dealing with mental health issues would see a lower threshold for getting increased disability ratings under the changes. Conditions such as anxiety, depression, or post-traumatic stress disorder (PTSD) would be evaluated on how they impact a veteran’s ability to perform everyday functions. Even mild impairment would be available for compensation. The proposed rules say that the changes better recognize the effect of mental health on individuals’ well-being “ by placing greater emphasis on a disabled veteran’s ability to function in the work setting, rather than focusing on symptoms alone.”

The VA does not have a planned implementation date for the changes.

Reference: Military Times (Feb. 15, 2022) “Vets’ disability benefits for tinnitus, mental health issues may change”