Welcome to the 2012 Post Service Officer’s Seminar

1. Welcome to the 2012 Post Service Officer’s Seminar

2. This is the fourth annual training seminar that I have conducted since I have arrived in Illinois. The first concentrated on the basics of Compensation. The second concentrated on the basics of Pension. The third concentrated on the VA Medical programs. Along the way we have also discussed the duties of the Post Service Officer in assisting veterans. Today we will review the duties of the Post Service Officer and will then build on what we previously learned about the basics of VA Compensation.

3. Topics for today: • Review of the Role of VFW Post Service Officer • The Basic VA Claim Process • The Fully Developed Claim Process • Presumptive Disabilities for Compensation Benefits • The VA Appeal Process

4. Duties Responsibilities Authority Of the VFW Post Service Officer

5. The VFW National Veterans Service Program (NVS) is supervised by the National Veterans Service Advisory Committee which performs its duties under the supervision of the National Council of Administration.

6. The National Veterans Service Advisory Committee establishes the NVS Policies and Procedures Manual which dictates the rules under which all Department and Post Service Officer perform their duties.

7. The Post Service Officer must be a VFW Post member in good standing. Is an Officer of the Post, appointed by the Post Commander. Unless restricted by Post Bylaws many also serve the Post in other elected or appointed positions.

8. The duties & responsibilities of the Post Service Officer are generally defined in the VFW Manual of Procedure, Section 218 (a) (12)

9. Shall assist members of the Post, their • widows, and orphans. • 2. Shall assist other worthy cases brought to their attention. • 3. Shall perform their duties in accordance with the instructions contained in the VFW Guide for Service Officers. • 4. Shall perform their duties under the general supervision of the Department Service Officer.

10. The VFW Guide for Post Service Officers further provides that the Post Service Officer: • Should have access to the latest copy • of the VFW Guide for Post Service Officers. • Must route claims and supporting • evidence and all inquires to the Department Service Officer.

11. 3. Should have an adequate supply of current VA Forms (either by hard copy or VA website). 4. Should keep members informed of veterans’ entitlements and benefits offered and administered by local, state and federal agencies. 5. Is not allowed to request or accept remuneration for their services.

12. 6. Shall not refuse to assist any claimant unless it is clear that the claim is fraudulent (in which case the Department Service Officer will be the final authority as to whether the VFW will provide representation). 7. Shall not refuse to assist any claimant because they do not feel the claimant is eligible for the benefit sought.

13. 8. Shall forward without delay all applications to the Department Service Officer. (we encourage Post Service Officers to utilize local professional contacts such as IDVA or VAC offices for claim development assistance)

14. 9. Shall not keep original documents provided to them but are to transmit such documents to the Department Service Officer. (may maintain records of claims prepared [activity] and submitted to the DSO but may not maintain claims files)

15. Note: Public Law 93-579 restricts the release of confidential information to parties other than the claimant. An accredited representative of a Veterans Service Organization may only release information necessary for development of a specific claim to a local Post Service Officer, if authorized by the claimant in writing by either letter or form created for that purpose.

16. 10. Shall not make direct contact with any office or representative of the Department of Veterans Affairs concerning a pending benefit claim or as a request for personal information regarding a claimant except in the case of an emergent ill veteran to a VA Medical Center in which case the Department Service Officer will be informed when time permits.

17. Must attend all training conducted • within the Department in service work by the Department Service Officer, especially the annual Department Post Service Officer School and any service officer training conducted at District meetings or by the District Service Officer.

18. Any VFW member may offer their assistance to a potential claimant. However, only an appointed Post Service Officer may present themselves as such to either a claimant or government department or agency. Any VFW member offering their assistance to a claimant must accept the responsibility to act under the same rules as an appointed Post Service Officer.

19. In 2011, a VFW Post Service Officer in Maine filed a complaint to the VA District Counsel through his Department Service Officer that a private attorney properly accredited by the VA was acting unethically in the preparation of VA claims for residents of a nursing home at which the Post SO volunteered.

20. The attorney filed a counter complaint that the Post SO, acting as a volunteer, violated VA regulations, in as much as he was not “accredited” by the VA, but was “advising and assisting” residents of the nursing home in VA benefit claims. He further claimed that the National VFW directive that Post SO’s work under the “general supervision” of the Department Service Officer did not offer adequate control of qualifications and conduct.

21. After reviewing the complaints and the policies of the VSO’s relating to the activities of Post Service Officers the VA General Counsel agreed with the attorney!

22. In an agreement reached between the VA General Counsel and the VSO’s in July 2011 the directives to Post Service Officers were revised. Post SO’s may not “advise” potential clients on VA benefits. They may assist clients in completing VA forms by acting solely as “recorders” of information. They may not “advise” on the legal criteria for eligibility for benefits but may inform and provide information on that criteria such as printed material for use and interpretation by the client.

23. As a result of this agreement with the VA General Counsel the VFW NVS Policy and Procedure Manual was amended by the NVS Advisory Committee and the National Council of Administration at the National Convention in August 2011. As it relates to the Post Service Officer the Manual now states in paragraph 7 D:

24. “When acting as a recorder, the PSO is simply transcribing information provided by the claimant. At no time should the PSO make suggestions on how to frame information to make it appear more favorable or less harmful to the claimant.”

25. Paragraph 7 E: “Under no circumstances should a PSO counsel a claimant on their individual claim. While a PSO provides information concerning various government benefit programs, he/she should not offer any guidance or opinion as to the individual claim itself.”

26. “General statements about the types of evidence necessary to support a claim can be described; however, a PSO must not discuss the nature or merits of any particular claim.”

27. So, what do we expect from a Post Service Officer? • We expect that he has a desire to assist his fellow veterans without prejudice. • We expect that he will establish a working relationship with other key Post and Auxiliary officers. • Hospital Chairman • Chaplain • Military Assistance Service Chairman

28. We expect that he will establish a working relationship with key community service providers and agencies such as: • Churches • Homeless Shelters • Food Pantries • Funeral Directors • State & County Social Workers • Hospital Social Workers

29. We expect that he will establish a working relationship with key members of the veteran service network in his area: • County Veterans Assistant Commission • Illinois Department of Veterans Affairs • Other Veterans Service Organizations • Family Support Organizations

30. We expect that he will become familiar with basic eligibility requirements for VA benefits to include: • Medical Care • Disability Compensation • Disability Pension • Survivor DIC and Pension • Education Benefits • Burial Benefits

31. We expect that he will acquaint himself with basic VA forms required to apply for VA benefits and the procedures for filing claims. We do not normally train Post Service Officers to prepare claims forms. Although Post Service Officers may prepare claims for submission to the Department Service Office within their level of expertise we encourage them to establish a good working relationship with the local professionals in their area such as IDVA and VAC offices.

32. Standard VA Forms for Post Service Officers: 21-22 Appointment of Accredited Representative 21-526 Application for Compensation or Pension 21-526b Application to Reopen Compensation 21-526EZ Fully Developed Compensation Claim 21-527 Application to Reopen Pension 21-534 Application for DIC or Death Pension 21-686c Report of Dependents Status 21-4138 Statement in Support of Claim 21-4142 Authorization to Release Information 21-8940 Application for Individual Unemployability 20-572 Change of Address 10-10EZ Application for Medical Benefits

33. Post Service Officers are not insured against improper or inadequate advice subjecting themselves to personal liability if they give improper advice regarding benefit eligibility. Know your Department Service Office contact information. Know your local assistance resources for referrals. Be prepared to provide assistance of all kinds.

34. Accreditation: The US Department of Veterans Affairs accredits persons to represent claimants in the presentation of claims. Persons affiliated with (employed by) Veterans Service Organizations must be certified (verification of training) to the VA General Counsel by that VSO for accreditation to be granted.

35. The VFW does not “certify” that any VFW member or any other person involved in assisting veterans has been trained or is authorized to provide services to veterans under the authority or supervision of the VFW except as is required to “certify” that a qualified person has been properly trained for the purposes of VA accreditation.

36. It is the policy of the VFW National Veterans Service that only full time employees of the Department VFW Service Office who are endorsed by the State Commander will be certified by NVS to VA General Counsel for accreditation by the US Department of Veterans Affairs under the VFW banner.

37. The only exception to this policy are full time employees of local (county) or state entities who provide services to veterans and are certified by the Department Service Officer that they have received proper annual training to maintain accreditation. Recommendations made by the State Service Officer must be endorsed by the State Commander and the National Director of Veterans Service.

38. All Service Officers and other representatives accredited by the VA under the VFW banner are insured for errors and omissions by the national VFW organization.

39. QUESTIONS?

40. The VA Claims Process Or, “How I learned to hate the government!”

41. Compensation – Monetary benefit paid for disability proven to be the result of military service • Pension – Monetary benefit paid for disability not the result of military service (total disability, wartime service & income based) VA BENEFITS?

42. VA Form 21-526 – Once in a lifetime form, required for original compensation or pension claim • VA Form 21-527 – Claim for Pension at some time AFTER original 21-526 • VA Form 21-534 – Once in a lifetime form, required for original death benefit claim The Beginning…

43. Original claim • Reopened - Increased rating of recognized service connected disability • Reopened – Disability previously denied • Amended–New disability • Amended-New disability secondary to existing service connected disability Types of Compensation claims?

44. DD214 or equivalent – Original or certified copy • Rational for claim on proper form • Medical evidence supporting rational • Dependency documents as indicated Evidence?

45. Direct • Presumptive • Secondary • Aggravated • Result of negligent VA Medical Care Compensation CLAIM Rational(methods of service connection)

46. Type of Medical evidence required by VA is dictated by the RATIONAL for the claim • In all cases - Evidence of Current Disability • Service Medical Records (SMRs or STRs) • Evidence of Continuity or NEXUS • Evidence may be VA or private treatment • Depending on condition, lay statement may suffice to establish current disability Medical Evidence

47. Proper claim submitted to VA Regional Office Direct mail to VA or thru VSO or electronic Mail is logged into the VFW Service Office Reviewed for completeness and accuracy Service Officer creates three submission letters, two of which accompany the claim(1 for VA, 1 stamped & returned to VFW) The claim is submitted to the VARO via inner office mail system The Beginning of the Process

48. VARO employee date stamps the evidence which verifies receipt by the VARO (date stamp establishes date of claim) (effective date of award is based on DOC) Mailroom returns the VFW copy of the submission letter to the Service Office Claim is then forwarded to the Triage Team or to the proper Regional Office Regional Office Mailroom

49. Live Pension claims to Milwaukee • Dual Pension & Compensation claims remain at Chicago RO • Death Pension claims to Milwaukee • DIC claims to Milwaukee • Insurance claims to Philadelphia • Education claims to St Louis • Veteran lives in another state Other VA Regional Offices

50. C’est the claim (enters it in the VA computer system for control purposes- DATE OF CLAIM & TYPE OF CLAIM) Create or request transfer for Claims Folder Forward established claim to the processing team VSR for pre-determination development Triage may process simple requests such change of address, direct deposit changes. Mail to Triage Team