VA OCONUS Connection

February 2019

From the Director's Desk

Happy New Year!  This is the time of year when we look forward to what the new year will bring and, maybe make a resolution or two. If one of your resolutions involves increasing financial freedom, please find resources available to you.   We are also providing more information to you in this issue regarding the VA examination process.  We continue to expand the use of VA-contract providers to help expedite the resolution of pending claims and appeals.  One final note, VA is fully funded and we remain open and operational during any government shutdowns in FY2019.  Best wishes to you and your family in the upcoming year.

Forever GI Bill FAQs

A provision of the Harry W. Colmery Veterans Educational Assistance Act of 2017, known as the Forever GI Bill, changed how the Department of Veterans Affairs (VA) pays the Post-9/11 GI Bill Monthly Housing Allowance (MHA). The law requires VA to pay MHA based on the zip code of the training location where you attend the majority of your classes.

VA is in the process of modifying and testing its systems to make this change. However, you will continue to receive GI Bill benefit payments under the current rules until those changes can be implemented for spring 2020 enrollments. If you are taking classes in multiple zip codes or locations other than your school’s main campus, when VA updates its systems, your school will have to adjust your enrollment certification with this information. In some circumstances, this may result in a different MHA amount than what you previously received. VA will correct retroactively any underpayments due to implementation delay of section 107 and 501.

Payment Scenario: Different Campuses + Online Classes

• A student is taking 3 credits at a school’s main campus in New York City (MHA Rate: $3,669.00).
• The student is taking 9 credits online (MHA Rate: $840.50).

MHA rate is based on main campus. If a student is taking at least one credit in-residence, they will receive the in-residence MHA rate of $3,669.00 and not the online training MHA rate.

What is the impact of re-setting implementation of Section 107 of the Colmery act?

VA will continue to pay students based on the location of the institution’s main campus. Without an IT solution, VA is unable to determine the number of affected students.  VA will not require schools to re-submit enrollments for terms that started prior to the IT solution. Students can expect payments to be in line with normal processing times.

What is the impact of delaying implementation of Section 501 of the Colmery act?

VA will install the current academic year uncapped DoD BAH rate. VA made this decision because it allows VA to update the housing rates, and is in line with what most students should be receiving each month. VA will not inconvenience any student by collecting any overpayments. 

What about Study Abroad under section 107?

Study Abroad MHA will be paid at the national average rate.

Why didn’t VA update the rates in August?

Initially, VA scheduled the annual updates for release at the same time as the IT solution for the Sections 107 and 501 of the Colmery Act. Since the deployment did not occur, VA did not update the rates in August.

How did the housing rates change?

Prior to the passage of the Colmery Act, Post-9/11 GI Bill MHA payments were based on the DoD BAH for an E-5 with dependents at the location of the main campus of the school.  DoD assesses BAH rates every January 1, and reports their rate to VA; VA then calculates the VA rate (typically about one percent higher than the DoD rates effective August 1 of the same year). 

Section 501 of the Colmery Act removes the exemption and aligns MHA with DoD’s BAH. However, VA is delaying implementation of this provision until Spring 2020. 

What types of claims are affected?

Any Post-9/11 GI Bill claims associated with a housing allowance will be impacted by these changes.

Detailed information is available on VA’s Forever GI Bill page and on the Forever GI Bill fact sheet. 

Q&A: VR&E  Transfer of Entitlement (TOE) Rule

There have been several questions raised from Veterans that have applied to the Chapter 31 Vocational Rehabilitation and Employment (VR&E) involving the Transfer of Entitlement (TOE) rule.  There has been concern from Veterans on whether their usage and participation in Chapter 31 will impact their dependents who are or who will be using VA educational benefits. 

To help resolve these concerns, we have provided frequently asked questions concerning the Transfer of Entitlement (TOE), the Impact of TOE on the 48 month rule, and entitlement extensions under Chapter 31:

• May a Veteran apply to Chapter 31 if he/she has transferred entitlement under Chapter 30 or 33 to a dependent?
  • Yes, an individual may apply for Chapter 31 even if he/she has transferred entitlement to dependent. However, the months that a Veteran transferred are deducted, which reduces the overall amount that a Veteran may use for his/her claim. For example, if a Veteran transfers 24 months of entitlement to a dependent and then applies to Chapter 31, he/she will have 24 months remaining for use.
• A Veteran transferred 36 months of Post-9/11 GI Bill benefits to his dependent(s), leaving him with up to 12 months of entitlement to use in another VA education program, if eligible and entitled.  The individual is determined to be eligible and entitled for Chapter 31 benefits, but will need more than 12 months to complete his rehabilitation program.  Will he fall short in completing a rehabilitation program under Chapter 31 and must revoke his TOE?
  • No. If VR&E determines that the Veteran meets the criteria for an entitlement extension and grants him a 24-month entitlement extension, then he will be able to complete his rehabilitation program. Title 38 Code of Federal Regulations section 21.78 and 38USC 3105 provides the authority for a Veteran to exceed 48 months of entitlement if necessary to accomplish the purposes of a rehabilitation program provided under Chapter 31.  
• If a Veteran uses Chapter 31 and has a dependent attending training under Chapter 33 via TOE, will the dependent’s entitlement be deducted?
• No. the entitlement is charged to the transferor(Veteran) and not the dependent. In addition, the use of the additional months of entitlement granted by VR&E does not affect the amount of entitlement transferred and available to the dependent. 

Appeals Modernization

On August 23, 2017, the Veterans Appeals Improvement and Modernization Act of 2017, known as the Appeals Modernization Act, or AMA, was signed into law and is one of the most significant statutory changes to affect VA and Veterans in decades. The new appeals process is simple, timely and fair to Veterans, offering Veterans greater choice in how they resolve disagreements with VA decisions.

The new VA Appeals Modernization process, fully implemented on February 19, 2019, is more efficient, timely, transparent and fair for Veterans seeking a faster resolution to their disagreement with a VA decision on a claim.

Under the new law, Veterans are given a choice of one of three "lanes" to have a disagreement reviewed: as a supplemental claim with new evidence, through a higher-level review of the evidence in the prior decision, or by appealing directly to the Board of Veterans’ Appeals. VA aims to process these decisions within an average of 125 for a supplemental claim or a higher-level review, and within an average of 365 days for the Board’s direct review.

Appeals Modernization is the latest example of VA’s continued commitment to improving the delivery of benefits and services to Veterans and their families.

In an effort to provide some of the benefits of the new law’s streamlined process before full implementation of the law in February 2019, VA initiated the Rapid Appeals Modernization Program (RAMP) to allow for early participation in the Supplemental Claim and Higher-Level Review lanes. RAMP resulted in processing times being significantly faster than the legacy appeal processing times.  As of February 12, 2019, more than 68,000 appellants nationwide have opt-in to RAMP, with more than 83,000 RAMP appeals of record.  On average, these cases are being completed in approximately130 days.

For more information about appeals modernization,  please visit https://www.benefits.va.gov/benefits/appeals.asp.

Meet Your VA Team: Sean Anderson, Veterans Service Representative

I am a Veterans Service Representative, and I assign ratings to Veterans service connected disabilities. It is a task requiring great diligence, which our Veterans certainly deserve. My military experience in the United States Army allowed me to develop a great sense of empathy and fulfillment, from representing or assisting those who were unable to do so themselves. That is why I chose to work for the VA, and continue my service to those who served.   What advice can you offer to OCONUS Veterans? My advice to OCONUS Veterans would be to stay proactive. Whether you have filed many claims with the VA, or you have never filed a claim with the VA before, you should work closely with one of the many Veteran Service Organizations (VSOs) available. The VA is frequently updating its policies, and it is imperative to stay abreast of those changes. Attend Veterans Benefit informational functions and ask questions. You have served your country with honor; it is now our honor to serve you. Can you offer any tips to Veterans filing claims OCONUS? One tip I would offer to Veterans filing claims OCONUS: If you have documents (Correspondence, Medical Records, Birth/Marriage Certificates, etc.) which need translated from a foreign language to English, package all that material together and submit it with a VA Form 21-4138 which states: "Documents for translation" and then list the types of documents you are submitting for translation. This will greatly help the association and expedient processing of those documents.

Frequently Asked Questions about VBA Exam Requests

How does VBA determine which examination provider to use? For Veterans residing overseas, examinations are requested based on their country of residence.  If the Veterans resides in a contracting eligible country (see list below), we order the examination with Veterans Evaluations Services (VES).  VES is currently the only contractor providing overseas examination and they contact the Veteran directly to arrange the date, time and location of the exam.  If a Veteran does not reside in a VES country, we are required to request examinations through the U.S. Embassy or Consulate in that country.  We notify the Embassy/Consulate via email and send the Veteran a letter and attach all of the required Disability Benefits Questionnaires (DBQs) that are required for the exams.  The Embassy/Consulate will contact a provider and arrange the date, time and location for the examination.  The Veteran is also always able to take the DBQs to their private physician for completion should they not want to attend the Embassy/Consulate arranged examination. How quickly are examinations completed? In the 4th quarter of FY 18 (June-September), VES and the U.S. Embassy/Consulates completed 10,582 examinations with an averages days of completion of 49.8 days.

How can I choose my own examination location?

We want to ensure that you are able to attend your examination(s) as close to your home as possible.  Due to the locations of the examination providers (Embassy and contract), Veterans may be required to travel quite far for their exams.  Should you like to have your examinations scheduled in another country, by your private physician or a physician that you have previously seen, all you need to is contact us and we will do our best to accommodate your request.  When requesting your examination location, please remember that the Foreign Medical Program (FMP) does NOT reimburse for travel expenses.

The following communication methods can be used in order to contact us:

• Submit an IRIS inquiry (https://iris.va.gov) stating your request
• Call us by telephone: 412-395-6272 or 1-800-827-1000 and speak with a representative that will annotate your request
• Contact your service organization/power of attorney and ask them to contact us.

 We want to make this process as easy as possible for you, please contact us and let us know how we can help.

Which countries overseas does VES conduct examinations:

VES currently is the only contract examiner overseas and services Veterans is 25 locations.  The Contract Medical Disability Examination Program Office (MDEPO) maintains the contract with VES and is constantly working to expand into additional countries.       

Pittsburgh Foreign VES Counties

What is...IU?

I hear many Veterans talk about IU benefits.  IU stands for Individual Unemployability or total disability benefits due to unemployability.  IU is granted if a Veteran is unable to obtain and maintain gainful employment due to service-connected disabilities.  The Veteran then receives compensation at the 100% rate. 

Eligibility: 

• Veteran has at least 1 service-connected disability rated at 60% or more disabling, or 2 or more service-connected disabilities—with at least 1 rated at 40% or more disabling and a combined rating of 70% or more—and
• Veteran cannot keep a steady job that supports him financially (known as substantially gainful employment) because of a service-connected disability.

Application:

• VA Form 21-8940 Veteran’s Application for Increased Compensation based on Unemployability
  • Visit VA Forms online for the most current versions of all VA Forms.

This benefit is available to anyone; age is not a factor in our decision.

If you need more information, please visit:

https://www.va.gov/disability/eligibility/special-claims/unemployability/

What are....Veterans Service Organizations?

Veterans Service Organizations were established to advocate on behalf of Veterans and provide Veteran-specific resources. Many are federally-chartered (officially recognized by Congress) and are mostly private, non-profit organizations run by volunteers. Some VSOs are "chartered", which means they are federally chartered and/or recognized or approved by the VA Secretary for purposes of preparation, presentation, and prosecution of claims under laws administered by the Department of Veterans Affairs. Inclusion of non-chartered organizations does not constitute or reflect VA recognition of said organization and its representatives for purposes of representation of VA claimants. A Veterans Service Officer (also known as a VSO Representative) helps Veterans with the preparation, presentation, and prosecution of claims.  Once a claim is filed, they track the claim through the VA system, act as liaisons between the Veteran and the VA, and serve as the Veteran's official representative by acting as the Veteran's power of attorney (POA).   Giving a Veterans Service Officer the power of attorney allows an appointed VSO representative to initiate a claim to preserve an effective start date, gather required records and evidence of the veteran's behalf, and review the Veteran's application prior to submission.  A VSO serving as a Veteran's POA is also given 48 hours to review VA's decision to ensure it is correct before it is sent to the Veteran. Individuals seeking representation should only rely on information found in the Office of General Counsel (OGC) Search for Accredited Attorneys, Claims Agents, or Veterans Service Organizations (VSO) Representatives. Please find telephone numbers below for the organizations co-located at the Pittsburgh RO, many of whom have experience working with Veterans residing abroad.  If you have questions, please feel free to contact one of these or one you have worked with in the past: American Legion, 412-395-6230/6231 American Veterans, john.thase@va.gov 412-395-6248 Disabled American Veterans,  davforeign.vbapit@va.gov, 412-395-6241 Military Order of the Purple Heart,  412-395-6252 Paralyzed Veterans of America,  412-395-6255 Pennsylvania Department of Military and Veterans Affairs,  412-395-6225 Veterans of Foreign Wars, 412-395-6259 VSOs in Europe, shown below:      Laura G. Buckner VA Accredited Service Officer        American Red Cross         Brussels, BE Laura G. Buckner phone: +32 498 888 501; email: lbucknerva@yahoo.com Phillips, Francis Dale  91560 Heilsbronn      Germany          Phone: +49 1726879915       Email: fdphillips59@gmail.com   Additionally, the following VFW representatives are located abroad: Germany: Mark Kistner (DSO)     Attn: Dpt of Eur Service Officer        CMR 28810 Box 336R          APO AE 09624               Phone: 0160.938.83341        Email: vfwadsoeur@gmail.com            Italy: Ed Furnish (ADSO)      Unit 31401 Box 49     APO AE 09630         Phone: 011-39-389-16401           Fax: 011-39-049-9402752        Email: vfwdsoitaly@gmail.com Pacific Areas: Michael Verville (Manila)  Mailing Address: Attn DSO Post 248   PSC 517 Box 4946  FPO AP 96517        Phone: 011-39-389-16401           Fax: 011-39-049-9402752        Email: dsodpa@vfwdeptpacific.org Philippines Office:  381 Santol Rd, Clarkview Sub  Angeles City, Pampangua 2009 FPO AP 96517        Office hours: Mon-Wed (0830 -1500)      Phone: +63 (045) 321-0084 Manilla VA RO Office hours: Thursday (0800-1400)  Phone: +63 (02) 550-3885 For Appointments, call: +63 (045) 321-0084 Thailand: Lawrence Williams, ADSO       Phone: +66926487077;  Email: adsothailand@vfwdeptpacific.org; Japan: Mike Castro, ADSO            E-mail: adsojapan@vfwdeptpacific.org

VA Welcome Kit

The VA Welcome Kit provides a broad overview of services VA can offer.  Please review the information provided in this guide and share it with other Veterans and dependents with whom you come in contact who may need assistance with their benefits.  The  VA Welcome Kit provides information that can assist Veterans with a variety of situations, including understanding eligibility and disability evaluations, healthcare, education, emergency resources, and much more!

Military Sexual Trauma

The Under Secretary for Benefits, Dr. Paul R. Lawrence, Ph.D. addresses Military Sexual Trauma and how these compensation claims are evaluated by decision makers at VBA.  Please check out his YouTube video to learn more about benefits that may be available to you.  

VBA is committed to supporting those who have experienced Military Sexual Trauma—treatment to help the healing process, and compensation for those disabled by MST. To see more information on VA MST benefits, go to mental health. 

Veterans Crisis Line

Crisis feels different for everybody and can be caused by a wide range of situations before, during, or after military service.  The Military Crisis Line is staffed by caring, qualified responders from VA — some of whom have served in the military themselves. They understand what Servicemembers and Veterans have been through and the challenges members of the military and their loved ones face.

The Military Crisis Line staff can connect you with services to help get your life back on track.

Confidential support is available 24 hours a day, 7 days a week, 365 days a year through the Military Crisis Line (1-800-273-8255 and Press 1), online chat and text (838255).

There are a number of ways individuals can reach VCL.  How they reach the VCL overseas is dependent on location. 

You can visit this link to see how Veterans, Service members or their loved ones can reach VCL from Europe, Korea and Afghanistan.

• In Europe call 00800 1273 8255 or DSN 118 *
• In Korea call 0808 555 118 or DSN 118
• In Afghanistan call 00 1 800 273 8255 or DSN 111

* In Europe, toll-free service may not be available through all carriers or in all countries

Foreign Medical Program (FMP)

The Foreign Medical Program (FMP) is a U.S. Department of Veterans Affairs (VA) health care benefits program for U.S. Veterans who are residing or traveling abroad and have VA-rated, service-connected disabilities. Under FMP, VA assumes payment responsibility for certain necessary health care services received in foreign countries and associated with the treatment of service-connected disabilities, or any disability associated with and held to be aggravating a service-connected condition. Additionally, VA may authorize necessary foreign medical services for any condition for a Veteran participating in the VA Vocational Rehabilitation Program (38 U.S.C. 31). For more information, to include submitting claims for reimbursement, please visit here.

eBenefits

What is eBenefits?

Enrolling in eBenefits is easy. Just visit www.eBenefits.va.gov for more information. If you submit a claim in the future, consider filing through eBenefits. Filing electronically, especially if you participate in our fully developed claim program, may result in a faster decision than if you submit your claim through the mail.

How to get an eBenefits account

You can manage and apply for benefits online using eBenefits. If you don’t already have an eBenefits account, you can register on the DS Logon Registration page. Instead of using your APO address for registering on eBenefits, use your last recorded United States address.

For dependents of Veterans without a social security number, you must do the following:

Contact the Defense Manpower Data Center (DMDC) at 1-800-538-9552.

• Provide your dependent's Foreign ID number.
• Obtain a generated social security number provided by DMDC.
• Use the generated social security number for registration in eBenefits.
• You can visit the eBenefits help page for assistance with registering for an account or you can call 1-800 372-7437.

Contact Information for BDD/Public Contact Offices in Germany & Korea

The Landstuhl, Germany office is located in building 3724 at Landstuhl Regional Medical Center and can be reached by e-mail at GermanyBDD.vbapit@va.gov.

The Camp Humphreys, South Korea office is located in the One-Stop BLDG, BLDG 6400, office V3014 next door to the SFL-TAP office and can be reached by email at KoreaBDD.vbapit@va.gov or by telephone at DSN 757-2911 or 2912 or commercial 050-3357-2911 or 2912. 

Help Us Spread the Word

Please encourage Veterans residing abroad with whom you come in contact to subscribe to “Veterans Abroad” to receive bulletins and information specific to Veterans residing abroad.  Veterans may subscribe to the email service by clicking here. 

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