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    • Join Us
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    • Post Service Officer
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Dick Munkres American Legion Post 287

Dick Munkres American Legion Post 287Dick Munkres American Legion Post 287Dick Munkres American Legion Post 287

A Total American Legion Family

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Compensation Information

News

PACT Act signed into Law

The PACT Act is a new law that expands VA health care and benefit for Vietnam veterans, Burn Pit veterans, and post 9/11 & Gulf War veterans. It adds additional locations for Agent Orange exposure, and adds 20+ new presumptive conditions for Burn Pits and other toxin exposures.


For burn pit and other toxin exposures, these conditions are now presumptive:

Cancers:

  • Brain cancer
  • Gastrointestinal cancer of any type
  • Glioblastoma
  • Head cancer of any type
  • Kidney cancer
  • Lymphatic cancer of any type
  • Lymphoma of any type
  • Melanoma
  • Neck cancer
  • Pancreatic cancer
  • Reproductive cancer of any type
  • Respiratory (breathing-related) cancer of any type


Illnesses:

  • Asthma that was diagnosed after service
  • Chronic bronchitis
  • Chronic obstructive pulmonary disease (COPD)
  • Chronic rhinitis
  • Chronic sinusitis
  • Constrictive bronchiolitis or obliterative bronchiolitis
  • Emphysema
  • Granulomatous disease
  • Interstitial lung disease (ILD)
  • Pleuritis
  • Pulmonary fibrosis
  • Sarcoidosis


The following locations have been added for Agent Orange exposure:

  • Any U.S. or Royal Thai military base in Thailand from January 9, 1962, through June 30, 1976 
  • Laos from December 1, 1965, through September 30, 1969
  • Cambodia at Mimot or Krek, Kampong Cham Province from April 16, 1969, through April 30, 1969
  • Guam or American Samoa or in the territorial waters off of Guam or American Samoa from January 9, 1962, through July 30, 1980
  • Johnston Atoll or on a ship that called at Johnston Atoll from January 1, 1972, through September 30, 1977

Nine Rare Cancers Added to the Presumed Service-Connected List

On April 26, VA announced the addition of nine rare respiratory cancers to the list of presumed service-connected disabilities due to exposure to fine particulate matter for Veterans who served any amount of time in

  • Afghanistan, Djibouti, Syria or Uzbekistan during the Persian Gulf War, from September 19, 2001, to the present, or
  • The Southwest Asia theater of operations from August 2, 1990, to the present.

Veterans and survivors who had claims previously denied for any of the below respiratory cancers are encouraged to file a supplemental claim for benefits;

  • Squamous cell carcinoma of the larynx;
  • Squamous cell carcinoma of the trachea;
  • Adenocarcinoma of the trachea;
  • Salivary gland-type tumors of the trachea;
  • Adenosquamous carcinoma of the lung;
  • Large cell carcinoma of the lung;
  • Salivary gland-type tumors of the lung;
  • Sarcomatoid carcinoma of the lung and;
  • Typical and atypical carcinoid of the lung.

Tinnitus & Hearing Loss Claims Changing

The VA's recommendation is to evaluate tinnitus (ringing in the ears) as a symptom rather than a disability. In the future (if approved), tinnitus and hearing loss will be evaluated together, with tinnitus only being granted if it adversely affects hearing, but hearing isn't bad enough on it's own for a disability.  Current ratings will not be changed. 

Read the proposed change.

Sinusitis Claims Changing

Sinusitis will be evaluated on the frequency of symptoms. The criteria of "incapacitating episodes" or the need for "bed rest" and "treatment by a physician" are being removed. Ratings will be 0%, 10%, 30% and 50%.

Read the proposed change.

Sleep Apnea Claims Changing

Sleep apnea will be rated based on its responsiveness to treatment rather than just having the treatment.  Current ratings will not be changed.  

Read the proposed change. 

Proposed New ENT, Audiology & Respiratory Conditions

Proposed new conditions relating to Ear, Nose, Throat, Audiology and Respiratory are:

  • vocal cord paralysis (hoarseness, chronic laryngitis)
  • neoplasms of the nasopharynx
  • diseases of the salivary glands which can lead to dental disease, nutritional deficit, pain, salivary duct stones, and/or changes in taste.

Read the proposed change.

Mental Disorder Changes (including PTSD)

Mental health disorder criteria will be updated to use the Diagnostic and Statistical Manual of Mental Disorders (American Psychiatric Publishing, 5th ed, 2013) (DSM-5). It will begin focusing on the disabled veteran's ability to function in the work setting rather than focusing on the symptoms alone.  Areas  of assessment will be:

  1. Understanding and commmunication;
  2. getting around;
  3. self-care;
  4. getting along with people;
  5. life activities; and
  6. participation in society.

The new proposed assessment would be:

  1. Cognition (understanding and communicating)
  2. interpersonal interactions and relationships(interacting with people and participating in society)
  3. task completion and life activities
  4. navigating environments (getting around)
  5. self care

Each item would be rated as none, mild, moderate, severe or total.


A minimum rating would be 10%, then 30%, 50%, 70% and 100%.

Read the proposed change.

Burn Pits

Gulf War Presumptives: If you were around burn pits during the Persian Gulf war you now have until Dec 31, 2026 to file a claim.  Please don't put it off!

Read about the covered issues. 

Compensation Benefits

Compensation Rates

Travel Pay Reimbursement

Travel Pay Reimbursement

At 30% and higher you receive additional compensation for your spouse and dependents. Read more...

Travel Pay Reimbursement

Travel Pay Reimbursement

Travel Pay Reimbursement

If you qualify for travel pay you have 30 days from your appointment to claim it. To qualify, at least one of these must be true:

  • You have a disability rating of 30% or higher;
  • You are traveling for treatment of a service connected condition (even less than 30%);
  • You are attending a Compensation & Pension (C&P) exam;
  • You traveling to get a service dog;
  • You are poor according to VA standards.

Read more...

Claims and Appeals

You Deserve This!

A disability claim to the VA is not a competition.  It is a claim between you and the VA.  If someone else is worse, that does not matter.  The VA is here for both of you. Contact us for help.

Don't Quit

A disability claim is not a once and done event.  If you have a VA disability and feel it is worse, you can file for an increase.

Check Your Claim Status

Find out how to check the status of a VA claim or appeal online.

0% Ratings

File for a service related disability, even if it isn't bad. A 0% rating is still a rating. Two 0% ratings can equal a 10% compensation, and you get your foot in the VA door. When it gets worse, you can file for an increase.  Read more... 

VA Math

"VA Math" is the way the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation claim – and it requires that you unlearn real math. The VA does not add multiple ratings to get a total rating; instead, they use a formula to get a combined rating. The VA computes the combined rating by considering each disability in order of severity, beginning with the highest evaluation. Read more... 


Try the online VA calculator

Burn Pits

If you are a veteran from  Afghanistan, Djibouti, Syria, and Uzbekistan during the Persian Gulf War, from September 19, 2001, to the present, or the Southwest Asia theater of operations from August 2, 1990, to the present the Department of Veterans Affairs created a fast-track to disability compensation. Presumptive conditions are asthma, rhinitis or sinusitis from exposure to burn pits. Claims must be made within 10 years of your separation from active duty.  Read more... 


 “Airborne hazard” refers to any sort of contaminant or potentially toxic substance that we are exposed to through the air we breathe. While on active duty, military service members may have been exposed to a variety of airborne hazards including:

  • The smoke and fumes from open burn pits
  • Sand, dust, and particulate matter
  • General air pollution common in certain countries
  • Fuel, aircraft exhaust, and other mechanical fumes
  • Smoke from oil well fires

Agent Orange

The National Defense Authorization Act for Fiscal Year 2021, Public Law No: 116-283, added  Parkinsonism, bladder cancer and hypothyroidism to the list of diseases presumed to be caused by Agent Orange exposure during the Vietnam War. Read more...

Blue Water

VA Must Pay Retroactive Benefits to Blue Water Vietnam Vets. The U.S. Veterans Administration must honor the terms of a 1991 settlement and pay retroactive benefits to thousands of Navy veterans who served on ships off Vietnam’s coast for Agent Orange-related health problems, a federal judge ruled Thursday (Oct 29, 2020). Read more... 


The Department of Veterans Affairs (VA) announced it will readjudicate claims for Veterans who served in the offshore waters of the Republic of Vietnam during the Vietnam War.  This review is part of the Veterans Benefits Administration’s implementation of the November 5, 2020, U.S. District Court of the Northern District of California decision to readjudicate previously denied claims as applied in Nehmer vs. U.S. Department of Veterans Affairs.  Veterans who were previously denied service connection for an herbicide related presumptive condition due to lack of in-country Vietnam service will automatically have their claims readjudicated.

Uzbekistan & Black Goo

Department of Veterans Affairs Secretary Robert Wilkie acknowledged publicly that service members who deployed to a Uzbekistan base used after the 9/11 attacks may have been exposed to toxic substances, asking for them to come forward to get help. “Several years ago our soldiers, sailors, airmen in particular started seeing ‘black goo’ come up from the ground. We are working with the Department of Defense to get to the bottom of that,” said Wilkie, who was speaking at the National Press Club and took questions from reporters.

If you were deployed to Uzbekistan from October 2001 to 2005, you have probably been exposed to many toxins, including radioactive processed uranium, chemical weapons remnants and underground pools of fuel and solvents that broke through the soil in a "black goo."  Read more... 

VA Presumptive List

The VA "presumes" that any condition on the VA Presumptive List was caused by military service even though there may be no medical reasoning that definitively proves this connection. The VA Presumptive List basically states that if veterans who served in X location/circumstances during certain years developed Y or Z conditions, then those conditions will be automatically considered service-connected. No proof is needed beyond documents showing that the vet was indeed in that location/circumstance at that time. All veterans are required to have served at least 90 days of active, continuous service for their conditions to qualify unless it is specifically noted otherwise below. Read more... 

Compensation and Pension Exam Mistakes

Here is a great short video if you have a Compensation & Pension (C&P) Exam coming up:  Common Mistakes Attending the C&P Exam 

Virtual Appeals

The VA is bringing virtual hearings to Veterans who have disagreed with the decision VA made on a compensation claim and who have appealed the decision to the Board of Veterans Appeals (BVA, “the Board”). If you have a cell phone, computer or tablet with Wi-Fi, you can have a virtual BVA hearing anywhere with a Veterans Law Judge (VLJ)!  Read more... 

Free Guidance

Don't Pay for Assistance

Don't Pay for Assistance

Don't Pay for Assistance

Unless you've tried every other avenue, don't pay to have someone file your claim for you. There are numerous free services available to you.

Intent to File

Don't Pay for Assistance

Don't Pay for Assistance

Get back pay by submitting an Intent to File.

Apply

Don't Pay for Assistance

Claim Status

Applying for VA Benefits

Claim Status

Claim Status

Claim Status

How to Check your VA Claim Status

Sleep Apnea

Claim Status

Sleep Apnea

How to service connect Sleep Apnea


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