The Veterans Entrepreneurship and Small Business Development Act of 1999 set a spending requirement for federal agencies: at least 3 percent of prime-contract funds spent with service-disabled veteran-owned small businesses. VA’s objectives are to help other federal agencies reach that required procurement target. In addition, VA has a self-imposed 7 percent target for purchasing from service-disabled veteran-owned small businesses and a 10 percent target for veteran-owned businesses.
A law passed in 2006, which applies only to VA, requires the department to give first consideration to service-disabled veteran owners in new small business opportunities. It also permits non-competitive purchasing, up to $5 million, in some instances.
A veteran-owned business is maintained by a veteran who has 51 percent of the ownership and control of the enterprise. A veteran is a person who served on active duty with the U.S. Army, Air Force, Navy, Marines or Coast Guard and was released under conditions other than dishonorable. People who were called to active duty, as well as reservists or National Guardsmen who retired or were injured while in training status, also qualify as veterans.
A service-disabled veteran-owned business must meet the same requirements as a veteran-owned business, plus the veteran or veterans owning the controlling interest must have a VA-rated service-connected disability. If a veteran is severely disabled, the day-to-day management of the business may be performed by a spouse or personal caregiver.
Wednesday, October 29, 2008
Factors Affecting Benefit Rates
Adjustments to rates are based on a number of factors in addition to dependents. Among factors that can have a significant effect on amounts are:
• Veterans with severe service-connected disabilities may receive compensation at a basic rate as high as $7,232 per month. Various special monthly compensation rates apply when a veteran experiences loss or loss of use of one or more limbs; loses one or more of the senses of sight, hearing or speech; or experiences loss of a reproductive organ or its use, or loss of breast tissue by a female veteran.
• Allowances may be made for veterans requiring aides, such as bedridden individuals who need assistance with eating, bathing or certain other activities of daily living. This adjustment is referred to as “aid and attendance.”
• Veterans whose service-connected disability leaves them unable to maintain gainful employment may meet criteria for allowances at the 100 percent compensation rate under a benefit called “individual unemployability.” A veteran with a single service-connected disability may be eligible if the veteran's disability is rated at 60 percent or more. A veteran with multiple disabilities may be eligible if the veteran has a combined rating of 70 percent or more and at least one of the disabilities is individually rated 40 percent or higher.
• Veterans with severe service-connected disabilities may receive compensation at a basic rate as high as $7,232 per month. Various special monthly compensation rates apply when a veteran experiences loss or loss of use of one or more limbs; loses one or more of the senses of sight, hearing or speech; or experiences loss of a reproductive organ or its use, or loss of breast tissue by a female veteran.
• Allowances may be made for veterans requiring aides, such as bedridden individuals who need assistance with eating, bathing or certain other activities of daily living. This adjustment is referred to as “aid and attendance.”
• Veterans whose service-connected disability leaves them unable to maintain gainful employment may meet criteria for allowances at the 100 percent compensation rate under a benefit called “individual unemployability.” A veteran with a single service-connected disability may be eligible if the veteran's disability is rated at 60 percent or more. A veteran with multiple disabilities may be eligible if the veteran has a combined rating of 70 percent or more and at least one of the disabilities is individually rated 40 percent or higher.
Annual Cost-of-Living Adjustment
A cost-of-living increase is included in the President's budget proposal released early each calendar year. It is part of the spending forecast and appropriations request for the ensuing fiscal year, a starting point for legislative discussion. However, the actual percentage increase is set through a separate bill debated by Congress and usually signed into law the following fall.
Legislators are not bound by any specific annual Consumer Price Index formula, but historically have chosen to mirror the percentage given to Social Security recipients. The Social Security increase, in turn, is based on a Bureau of Labor Statistics calculation of the rise in the consumer price index for urban wage earners and clerical workers (CPI-W).
Cost of living adjustments become effective December 1 each year and are reflected in the payment received by veterans on or about the first day of the new year. Whenever a payment falls on a holiday or weekend, as is the case with the January 1 payment each year, that month’s payment is issued the last prior business day.
Legislators are not bound by any specific annual Consumer Price Index formula, but historically have chosen to mirror the percentage given to Social Security recipients. The Social Security increase, in turn, is based on a Bureau of Labor Statistics calculation of the rise in the consumer price index for urban wage earners and clerical workers (CPI-W).
Cost of living adjustments become effective December 1 each year and are reflected in the payment received by veterans on or about the first day of the new year. Whenever a payment falls on a holiday or weekend, as is the case with the January 1 payment each year, that month’s payment is issued the last prior business day.
Facts About VA Disability Compensation
Disability compensation for veterans is not subject to federal or state income tax. About 80 percent of veterans receive their VA benefits by direct deposit, which VA recommends for security reasons.
Veterans are rated at increments of 10 percent reflecting degree of disability. As federal regulations summarize the underlying principle, “The percentage ratings represent as far as can practicably be determined the average impairment in earning capacity resulting from such diseases and injuries and their residual conditions.”
The largest category of veterans on the compensation scale is at 10 percent disability ($117 per month), with 784,000 veterans at this rate at the beginning of fiscal year 2008 among the total 2.8 million veterans receiving disability compensation.
The criteria for rating the severity of various disabilities are available online at this link. As medical knowledge, laws and procedures change, VA regularly publishes proposed changes to these criteria in the Federal Register for public comment before a final regulation is adopted.
Where a veteran has more than one disability, the percentages are not simply added together to produce a new rating. Instead, a formula described in federal regulations calculates the overall rating.
A veteran may be rated at zero percent, meaning there is evidence of the service-connected condition, but it does not impair the veteran. An example is a minor scar. This zero percent rating, though not compensable, can be beneficial, since it may raise the veteran’s priority in other VA programs such as health care eligibility. In addition, it may be reviewed for a higher rating if the condition worsens.
A veteran may have a number of disabilities individually evaluated as zero percent which produce a 10 percent combined disability and entitle the veteran to disability compensation. At the beginning of fiscal year 2008, there were more than 13,190 veterans in the category of “compensable zero” ratings.
Veterans are rated at increments of 10 percent reflecting degree of disability. As federal regulations summarize the underlying principle, “The percentage ratings represent as far as can practicably be determined the average impairment in earning capacity resulting from such diseases and injuries and their residual conditions.”
The largest category of veterans on the compensation scale is at 10 percent disability ($117 per month), with 784,000 veterans at this rate at the beginning of fiscal year 2008 among the total 2.8 million veterans receiving disability compensation.
The criteria for rating the severity of various disabilities are available online at this link. As medical knowledge, laws and procedures change, VA regularly publishes proposed changes to these criteria in the Federal Register for public comment before a final regulation is adopted.
Where a veteran has more than one disability, the percentages are not simply added together to produce a new rating. Instead, a formula described in federal regulations calculates the overall rating.
A veteran may be rated at zero percent, meaning there is evidence of the service-connected condition, but it does not impair the veteran. An example is a minor scar. This zero percent rating, though not compensable, can be beneficial, since it may raise the veteran’s priority in other VA programs such as health care eligibility. In addition, it may be reviewed for a higher rating if the condition worsens.
A veteran may have a number of disabilities individually evaluated as zero percent which produce a 10 percent combined disability and entitle the veteran to disability compensation. At the beginning of fiscal year 2008, there were more than 13,190 veterans in the category of “compensable zero” ratings.
Refinancing for Veterans
The new law makes changes to VA’s home loan refinancing program. Veterans who wish to refinance their subprime or conventional mortgage may now do so for up to 100 percent of the value of the property. These types of loans were previously limited to 90 percent of the value.
Additionally, Congress raised VA’s maximum loan amount for these types of refinancing loans. Previously, these refinancing loans were capped at $144,000. With the new legislation, such loans may be made up to $729,750 depending on where the property is located."
Thursday, October 23, 2008
Erroneous Denial of Benefits
The Secretary of Veterans’ Affairs has the discretion to remedy erroneous denials. If he determines that benefits were not provided because of an error by the government or one of its employees, he may provide equitable relief. This includes the payment of money.
Equitable relief is a solution for a case where there is no remedy at law. Examples of equitable relief include injunctions, which is where a party is prohibited from doing something or specific performance where a party must do something.
Additionally, the Secretary has the same options to remedy problems for a veteran’s surviving spouse, child of a veteran, or other person who was incorrectly denied benefits or told they were ineligible for benefits. There may also be a remedy for someone who suffers a loss as a consequence of relying on what the Department of Veteran’s Affairs told them regarding their eligibility or entitlement to benefits.
Now whether he will do this for someone who was improperly denied benefits or told he was ineligible is a different matter. If you have been improperly denied benefits that you believe you are entitled to, you should speak with an attorney who handles these matters.
Equitable relief is a solution for a case where there is no remedy at law. Examples of equitable relief include injunctions, which is where a party is prohibited from doing something or specific performance where a party must do something.
Additionally, the Secretary has the same options to remedy problems for a veteran’s surviving spouse, child of a veteran, or other person who was incorrectly denied benefits or told they were ineligible for benefits. There may also be a remedy for someone who suffers a loss as a consequence of relying on what the Department of Veteran’s Affairs told them regarding their eligibility or entitlement to benefits.
Now whether he will do this for someone who was improperly denied benefits or told he was ineligible is a different matter. If you have been improperly denied benefits that you believe you are entitled to, you should speak with an attorney who handles these matters.
Wednesday, October 22, 2008
Education and Training
The VA pays benefits to eligible veterans, reservists, and active duty servicemembers while they are in an approved education or training program. Based on the type of military service, there are two types of benefits programs.
First, there is active duty service. If you entered active duty service after June 30, 1985 you may be eligible under the Montgomery GI Bill. However, if you entered active duty between December 31, 1976, but before July 1, 1985, then you may be eligible under the Veterans Educational Assistance Program. (VEAP)
Second, there is Reserve or Guard Service. If you fall into this category, there are two ways to be eligible for benefits. The first way is to have signed a six year commitment after June 30, 1985 and remain actively drilling with their unit and be in good standing. In this case you may be eligible for the Montgomery GI Bill. The other eligible category is for people who were activated under Federal Authority for a contingency operation and to have served 90 continuous days or more after September 11, 2001.
It is important to note that veterans generally have 10 years from the date they were released from active duty to use their education and training benefits. Reserve and National Guard members have 14 years from the date they became eligible for the program unless they leave the reserves before completing their obligation.
First, there is active duty service. If you entered active duty service after June 30, 1985 you may be eligible under the Montgomery GI Bill. However, if you entered active duty between December 31, 1976, but before July 1, 1985, then you may be eligible under the Veterans Educational Assistance Program. (VEAP)
Second, there is Reserve or Guard Service. If you fall into this category, there are two ways to be eligible for benefits. The first way is to have signed a six year commitment after June 30, 1985 and remain actively drilling with their unit and be in good standing. In this case you may be eligible for the Montgomery GI Bill. The other eligible category is for people who were activated under Federal Authority for a contingency operation and to have served 90 continuous days or more after September 11, 2001.
It is important to note that veterans generally have 10 years from the date they were released from active duty to use their education and training benefits. Reserve and National Guard members have 14 years from the date they became eligible for the program unless they leave the reserves before completing their obligation.
Home Loans
The VA offers a number of home loan services to eligible veterans, some military personnel and certain surviving spouses.
First, there are guaranteed loans. The VA can guarantee part of a loan from a private lender to help you buy a home, a manufactured home, a lot for a manufactured home, or certain types of condominiums. The VA also guarantees loans for building, repairing, and improving homes.
Second, the VA can help with refinancing loans. If you have a VA mortgage, the VA can help you refinance your loan at a lower interest rate. You may also refinance a non-VA loan through the VA.
Lastly, there are also special grants available. Certain disabled veterans and military personnel can receive grants to adapt or acquire housing suitable for their needs.
Most importantly, there is no time limit for VA home loans.
First, there are guaranteed loans. The VA can guarantee part of a loan from a private lender to help you buy a home, a manufactured home, a lot for a manufactured home, or certain types of condominiums. The VA also guarantees loans for building, repairing, and improving homes.
Second, the VA can help with refinancing loans. If you have a VA mortgage, the VA can help you refinance your loan at a lower interest rate. You may also refinance a non-VA loan through the VA.
Lastly, there are also special grants available. Certain disabled veterans and military personnel can receive grants to adapt or acquire housing suitable for their needs.
Most importantly, there is no time limit for VA home loans.
Where to get forms
Forms :
American Council on Education:
Army: http://www.militaryguides.acenet.edu/FormsArmy.htm
Navy: http: //www.militaryguides.acenet.edu/FormsNavy.htm
Other: http://www.militaryguides.acenet.edu/FormsOther.htm
Army:
Publishing Directorate: http://www.usapa.army.mil/USAPA_PUB_formrange_f.asp
Air Force:
Air Force e-Publishing: http://www. e-publishing.af.mil/
Coast Guard:
Directives (Reserve Policy Manual): http://www.uscg.mil/ccs/cit/cim/directives/welcome.htm
Forms used Coast Guard-wide: http: / / / www.uscg.mil/ccs/cit/cim/forms1/welcome.htm
Department of Defense:
Forms management program:
http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm
National Guard:
Publications and Forms Library: http://www.ngbpdc.ngb.army.mil/
National Personnel Records Center, St. Louis, MO:
http://www.archives.gov/st-louis/military-personnel/standard-form-180. html
Navy and Marine Corps:
Navy Personnel Command (NAVPERSCOM) Forms:
http://www.npc.navy.tnil/ReferenceLibrary/Forms/
PennDOT:
Drivers license and motor vehicle questions for military members:
http://www.dmv.state.pa.us/forms/militaryForms.shtml
Social Security:
Social Security home page: http://www.ssa.gov/online/
U.S. Government
FirstGov www.firstgov.gov
Web portal for government information and forms.
Veterans' Administration:
VA Forms: http://www.va.gov/vaforms/
American Council on Education:
Army: http://www.militaryguides.acenet.edu/FormsArmy.htm
Navy: http: //www.militaryguides.acenet.edu/FormsNavy.htm
Other: http://www.militaryguides.acenet.edu/FormsOther.htm
Army:
Publishing Directorate: http://www.usapa.army.mil/USAPA_PUB_formrange_f.asp
Air Force:
Air Force e-Publishing: http://www. e-publishing.af.mil/
Coast Guard:
Directives (Reserve Policy Manual): http://www.uscg.mil/ccs/cit/cim/directives/welcome.htm
Forms used Coast Guard-wide: http: / / / www.uscg.mil/ccs/cit/cim/forms1/welcome.htm
Department of Defense:
Forms management program:
http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm
National Guard:
Publications and Forms Library: http://www.ngbpdc.ngb.army.mil/
National Personnel Records Center, St. Louis, MO:
http://www.archives.gov/st-louis/military-personnel/standard-form-180. html
Navy and Marine Corps:
Navy Personnel Command (NAVPERSCOM) Forms:
http://www.npc.navy.tnil/ReferenceLibrary/Forms/
PennDOT:
Drivers license and motor vehicle questions for military members:
http://www.dmv.state.pa.us/forms/militaryForms.shtml
Social Security:
Social Security home page: http://www.ssa.gov/online/
U.S. Government
FirstGov www.firstgov.gov
Web portal for government information and forms.
Veterans' Administration:
VA Forms: http://www.va.gov/vaforms/
On-the-Job Apprenticeship Training
You may be eligible to receive a monthly benefit check from the U.S. Department of Veterans'
Affairs.
What is on-the-job training?
On-the-job training (OJT) is training you receive while actually performing a job and earning
wages, as well as receiving your G.1. Bill benefits. OJT programs are normally from six months
to two years in length.
What is apprenticeship training?
Apprenticeship Training is on-the-job training coupled with theoretical related instruction. You
receive your G.1. Bill benefits while working full-time and earning wages. Apprenticeship
programs are normally from two years to five years in length.
Monthly benefit check
The amount of your monthly benefit check can vary. For example, Chapter 30 (Montgomery G.l. Bill) Veterans' could receive initial checks of up to $402.00 per month.
Who to contact for assistance
If you have questions concerning the eligibility or approval of a specific apprenticeship or on-the-job training program, contact the State Approving Agency office nearest you. The locations in Pennsylvania are:
Veterans' Military Education
Department of Education
State Approving Agency
333 Market Street
Harrisburg, PA 17126-0333
Telephone: (717) 787-2414
Veterans' Military Education
State Approving Agency
State Office Building
Broad & Spring Garden Street
Philadelphia, PA 19 130
Telephone: (2 15) 560-2509
Veterans' Military Education
State Approving Agency
1202 State Office Building
300 Liberty Avenue
Pittsburgh, PA 15222
Telephone: (412) 565-5364
If you have questions concerning your eligibility for benefits, contact the Veterans' Affairs office
nearest you. The locations in Pennsylvania are:
Veterans' Affairs Center
Wissahickon Avenue & Manheim Street
P.O. Box 8079
Philadelphia, PA 19101
Veterans' Affairs Regional Office
1000 Liberty Avenue
Pittsburgh, PA 15222
Nationwide toll-free number is: 1-888-442-455 1
Bureau for Veterans' Affairs
PA Department of Military and Veterans' Affairs
Commonweal t h of Pennsylvania
Bureau For Veterans' Affairs
Bldg 5-0-47, FTIG
Annville, P A 17003
Phone: 1-800-547-2838
Fax: (717) 861-8589
Affairs.
What is on-the-job training?
On-the-job training (OJT) is training you receive while actually performing a job and earning
wages, as well as receiving your G.1. Bill benefits. OJT programs are normally from six months
to two years in length.
What is apprenticeship training?
Apprenticeship Training is on-the-job training coupled with theoretical related instruction. You
receive your G.1. Bill benefits while working full-time and earning wages. Apprenticeship
programs are normally from two years to five years in length.
Monthly benefit check
The amount of your monthly benefit check can vary. For example, Chapter 30 (Montgomery G.l. Bill) Veterans' could receive initial checks of up to $402.00 per month.
Who to contact for assistance
If you have questions concerning the eligibility or approval of a specific apprenticeship or on-the-job training program, contact the State Approving Agency office nearest you. The locations in Pennsylvania are:
Veterans' Military Education
Department of Education
State Approving Agency
333 Market Street
Harrisburg, PA 17126-0333
Telephone: (717) 787-2414
Veterans' Military Education
State Approving Agency
State Office Building
Broad & Spring Garden Street
Philadelphia, PA 19 130
Telephone: (2 15) 560-2509
Veterans' Military Education
State Approving Agency
1202 State Office Building
300 Liberty Avenue
Pittsburgh, PA 15222
Telephone: (412) 565-5364
If you have questions concerning your eligibility for benefits, contact the Veterans' Affairs office
nearest you. The locations in Pennsylvania are:
Veterans' Affairs Center
Wissahickon Avenue & Manheim Street
P.O. Box 8079
Philadelphia, PA 19101
Veterans' Affairs Regional Office
1000 Liberty Avenue
Pittsburgh, PA 15222
Nationwide toll-free number is: 1-888-442-455 1
Bureau for Veterans' Affairs
PA Department of Military and Veterans' Affairs
Commonweal t h of Pennsylvania
Bureau For Veterans' Affairs
Bldg 5-0-47, FTIG
Annville, P A 17003
Phone: 1-800-547-2838
Fax: (717) 861-8589
Veteran's Resources
American Veterans' : 1-877-7AMVETS
E-mail: amvets@amvets.org
www.amvets.org
Nationwide network of NSOs (national service officers) who provide information, counseling,
and claims service to vets and their dependents concerning disability compensation,
hospitalization, rehabilitation, pension, education, employment, and other benefits
Apply for Health Benefits: www.1010ez.med.va.gov/sec/vha/1010ez/
Apply for Compensation, Pension, or Vocational Rehab: http://vabenefits.vba.va.gov
2007 Federal benefits for Veterans' and Dependents booklet:
http://www.va.gov/opa/vadocs/fedben.pdf
Blinded Vet erans' Association (BVA): 1-899-669-7079
www.bva.org
Counseling and encouragement, volunteers who work in VA medical centers and outpatient
clinics, and scholarships for spouses and dependents of blinded Veterans' are some of the
resources this organization offers.
Center for Women Veterans' : www.va.gov/womenvet/
Dept. of the Navy, Disabled Veterans' Assistance: 800-378-4559
Dept. of Veterans' Affairs: www.va.gov/rcs/
Disabled American Veterans' (DAV): 1-859-441-7300
www.dav.org
Facilities locator: www.va. gov/stateguide/home.asp
Loan Guaranty: www.homeloans.va.gov
Pa. Veterans' Affairs: www.paVeterans.state.pa.us
This site includes a listing of County Veterans' Directors and/or Services Offices, state
and federal benefits, and links to federal, state and county agencies, as well as frequently
asked questions.
Bureau For Veterans' Affairs
Bldg 5-0-47, FTIG
Annville, PA 17003
Phone: 1-800-547-2838
Fax: (717) 861-8589
Paralyzed Veterans' of America (PVA): 1-800-424-8200
www.pva.org
Advocacy organization for Veterans' with spinal cord injuries.
VA Gu l f War Vets: 1-800-749-8387
VA Insurance:
VA Regional Office and Insurance Center
PO Box 7208 (claims inquiries); PO Box 7327 (loans); PO Box 7787 (payments)
Philadelphia, PA 19101
1-800-669-8477
VA Regional Offices: 1-800-827-1000
(Retirees overseas should contact the American Embassy.)
VA TDD (Telecomm Device for Deaf): 1-800-829-4833
E-mail: amvets@amvets.org
www.amvets.org
Nationwide network of NSOs (national service officers) who provide information, counseling,
and claims service to vets and their dependents concerning disability compensation,
hospitalization, rehabilitation, pension, education, employment, and other benefits
Apply for Health Benefits: www.1010ez.med.va.gov/sec/vha/1010ez/
Apply for Compensation, Pension, or Vocational Rehab: http://vabenefits.vba.va.gov
2007 Federal benefits for Veterans' and Dependents booklet:
http://www.va.gov/opa/vadocs/fedben.pdf
Blinded Vet erans' Association (BVA): 1-899-669-7079
www.bva.org
Counseling and encouragement, volunteers who work in VA medical centers and outpatient
clinics, and scholarships for spouses and dependents of blinded Veterans' are some of the
resources this organization offers.
Center for Women Veterans' : www.va.gov/womenvet/
Dept. of the Navy, Disabled Veterans' Assistance: 800-378-4559
Dept. of Veterans' Affairs: www.va.gov/rcs/
Disabled American Veterans' (DAV): 1-859-441-7300
www.dav.org
Facilities locator: www.va. gov/stateguide/home.asp
Loan Guaranty: www.homeloans.va.gov
Pa. Veterans' Affairs: www.paVeterans.state.pa.us
This site includes a listing of County Veterans' Directors and/or Services Offices, state
and federal benefits, and links to federal, state and county agencies, as well as frequently
asked questions.
Bureau For Veterans' Affairs
Bldg 5-0-47, FTIG
Annville, PA 17003
Phone: 1-800-547-2838
Fax: (717) 861-8589
Paralyzed Veterans' of America (PVA): 1-800-424-8200
www.pva.org
Advocacy organization for Veterans' with spinal cord injuries.
VA Gu l f War Vets: 1-800-749-8387
VA Insurance:
VA Regional Office and Insurance Center
PO Box 7208 (claims inquiries); PO Box 7327 (loans); PO Box 7787 (payments)
Philadelphia, PA 19101
1-800-669-8477
VA Regional Offices: 1-800-827-1000
(Retirees overseas should contact the American Embassy.)
VA TDD (Telecomm Device for Deaf): 1-800-829-4833
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