WVDVA Connects Veterans with Crucial Benefits
This Independence Day marks 249 years since our nation’s founding. Whether you celebrate with a barbecue, by attending a parade, watching fireworks, or quietly mark the occasion at home, these nearly two and a half centuries are a testament to our country’s dedication to our freedoms, our principles and our responsibilities – not only on the global scale, but here at home.
Since our official founding in 1776, America has been shaped by the sacrifices of those who are willing to fight for our freedoms. That fight has looked dramatically different over the years – from the early days of flintlock rifles to the incredible sophistication we see today. But this dedication comes with both a cost and an obligation – to ensure that we support those who fought so valiantly to keep America and our allies free.
For the Soldiers, Sailors, Marines, Airmen, and Guardians who have put their lives on the line, the cost can be very real and personal. For society, the obligation involves caring for the wounds, injuries, and disabilities incurred by warfighters in the performance of their duties.
Abraham Lincoln said it well in his second inauguration speech, “to care for him who shall have borne the battle, and for his widow, and his orphan,” is the duty of our nation. The Department of Veterans Affairs (VA), the federal agency charged with providing federal benefits to military veterans, has adopted these words as its motto.
While the federal VA is the source of most federal Veterans’ benefits, state Veterans’ agencies, such as the West Virginia Department of Veterans Assistance, are charged with connecting Veterans with those benefits.
Many conditions that develop within a year of a Veteran’s discharge that can be traced to an in-service event are presumed to be service-connected. The same can be said of certain conditions that the VA knows are more likely than not caused by exposure to certain toxins, such as herbicide exposure. The VA will determine the likelihood of a Veteran’s exposure based on whether or not they served in places where exposure could have occurred.
Once a Veteran has been out of the service for more than a year, the Veteran must provide proof that it is at least as likely as not that his or her service caused any condition that isn’t considered presumptive. The Veteran must have a diagnosis, a link to a documented event in service, and a history of treatment that connects the two. The claims process becomes more complicated.
This is where the Veteran Service Officers (VSOs) from the Department of Veterans Assistance can help. They are trained in how to use the 38 Code of Federal Regulations to represent Veterans to the Veterans Benefits Administration. They are accredited by the VA to represent Veterans on complex issues, including throughout the appeals process.
The federal government continually reevaluates and reaffirms its obligation to Veterans. Congress passed the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act, more widely known as the PACT Act of 2022. The act became law in August of that year, and it is not hyperbole to say its passage was the most important law to support Veterans in more than thirty years.
The law added twenty-three presumptive conditions covering service in various parts of the world and across different periods. It also included a provision to add additional presumptive conditions as evidence becomes available.
Just because a Veteran was denied service connection for a condition in the past, doesn’t mean they aren’t eligible now. The complete list of VA presumptive conditions can be found on the federal VA’s PACT Act page. If you have one of these conditions or have questions about benefits, contact our VSOs. We are here to help.