Norma Smith Flashcards by norma smith

New Veteran, never seen by any VSO before..what do you need to do first and foremost to establish before you can provide services to this Veteran

Power of Attorney

VA 21-22

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A Veteran wants to file a claim, within what time frame is ideal for a Veteran to file a Compensation Claim after leaving the military?
What step is expected if done within this time frame?
Once a Veteran gets rated by the VA, what would be the date of the award?

Within ONE year

Providing the condition is connected to service

The day after separating from the military

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Can a NSC disability be claimed by a Veteran for Pension purposes? If yes, what are some of the criteria for a NSC Pension by a Veteran>

YES

Over 65 and meet income requirement; wartime; P&T from NSC disabilities

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The veteran is upset they got rating back and math says they should be getting 60%, but they got 50% rating/compensation. Why is this number different?
What is the name of this official table?
Where can this table be found?

VA does math differently/VA funny math

Disability/Combined Rating Table

38 CFR 4.25

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What is the CFR official definition of a Veteran under CFR 3.1?

“A Veteran is a person who served in the active military, naval, or air service who was discharged or released under conditions other than dishonorable” 38 CFR 3.1

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You are a Veteran and you want to buy a house using your VA benefits. What is a COE?
What is it used for?
How can you obtain your COE?
Who do you give your COE to?

Certificate of Eligibility
Loan Guaranty
THrough Ebenefits or va.gov
The lender, banks, to prove good credit and sufficient income.

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A veteran approached the discharge board review for their branch of service and was approved for an upgrade in their discharge. Under what circumstances may the VA not recognize this decision, or find binding for the veteran to receive benefits through them?

Original discharge decision based on a more than 180 day AWOL with no reasonable excuse for absence

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MAPR for qualified veterans is based upon the veterans current health and the number of__________

Eligible dependent family members

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Paid reimbursed medical expenses may be deducted if they exceed 5% of the MAPR under what program?

Improved Pension

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People in debt to the VA may have monthly Social Security checks withheld for debt repayment at 15% of the check. They can do this if the checks are over what amount monthly?

$750

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What records are the VA obligated to help claimants attain?

Records in custody of Federal Departments or Agencies

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NPRC Will re-issue metal and awards to a veteran or NOK. How many times can you get these items re-issued?

Once

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A veteran has been found in competent by a medical authority. The VA will assign a __________ to do an investigation on the situation a field agent will be sent to investigate and report on whether an individual is acceptable to be the power of attorney or another name for this is ____________

Fiduciary or Field examiner

Fiduciary payee

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NSC, SMP, is payable if the claimant is totally blind, confined to bed 24/7, or placed in a ________

Skilled nursing home

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Money, real estate, access to net worth without financial penalty, and the claimant’s ability to use the net worth for personal maintenance are ALL determinations in Death Pension cases by the VA. There are steps the VA takes in the process for developing ________

Net worth

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Service connected disability compensation ratings are in accordance to the Schedule for Rating Disabilities within the __________ Part ______.

38 CFR Part 4

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Two Veterans are married, both are qualified to receive Loan Guaranty. May they combine their guaranty so they have a higher rate towards their dream house?

Yes

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For Pension purposes, what is the Maximum Annual Pension Rate? (MAPR)

For Veterans to qualify the accountable income minus the countable expenses does not exceed set limit or MAPR.

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When calculating whether a Veteran, spouse or any child is under the allowable income ceiling, all income must be accounted for. Only one item is not considered countable income. What is that one item?

SSI payments

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Correction of Military Records and Request for Discharge Upgrades are handled through the DOD. Specifically, in the case of Requests of Discharge upgrades, it goes through a Discharge Review Board for the branch of service in which they served. There are time limits in which you can apply for either/both. What are they?

Correction of Military Records: DD FORM 149 and THREE years.

Discharge Upgrade: DD FORM 293 and FIFTEEN years.

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NC Scholarship for Children of Wareimte Veterans has four Scholarship classes; two are considered ‘automatic’ and two are considered ‘competitive’. If competitive, how many per class are awarded?

100 per class per year

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To be awarded a Scholarship, who must fill out the application?

The child

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For an NC Children of Wartime Scholarship, where does the application have to be sent and processed?

NCDMVA Scholarship Program Director

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To receive a FREE NC Disable Veteran license plate, what criteria is needed to qualify?

100% or IU P&T

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For an NC Property Tax Relief, what is the requirement to qualify?

100 P&T

If eligible for NC Property Tax Relief, how much will the monetary relief be?

$45,000

There are THREE requirements for a complete Intent to File. The FIRST step is to identify the claimant. The SECOND step is a form that must be signed by the client called ________. The THIRD and last step, the _________ must be identified before an ITF is considered complete?

1. Identify claimant 2. Sign a DD Form 21-0966 3. Identification of benefit being sought

Define "Individual Unemployability".

"When a disabled person is unable to secure substantial and gainful employment because of a service-connected disability."

How many years in a disability rating must pass before the rating % or evaluation under compensation, does not have the possibility of being reduced?

20 years

At ________ years, a Veteran's diagnosis of a Service Connected Disability cannot be changed but does not ensure against rating 5 reduction.

10 years

The THREE sub-agencies within the Department of Veterans Affairs are:

Veterans Health Administration (VHA); Veterans Benefits Administration ( VBA); National Cemetery Administration/or System (NCA/NCS)

Which sub-agency deals with the Veterans Priority Groups for Medical Care?

VHA

A child receiving educational assistance under Chapter 35, cannot collect on or be paid concurrently certain benefits after the age of 18 based on school attendance. What are the three benefits that cannot be collected concurrently?

Compensation Pension DIC

Under what circumstance would a deceased Veteran's surviving spouse be prohibited/removed from receiving DIC benefits?

Surviving spouse remarries BEFORE the age of 57 they will be REMOVED. If they remarry at 57 or older, then they will still receive benefits.

Under what circumstance can a DIC surviving spouse be able to re-establish DIC benefits?

Subsequent marriage ends by death, divorce, or annulment/voided marriage.

Death Pension is based on:

For a veteran to qualify for Disability Pension, the veteran must meet: (1) Good Military Discharge, (2) Time In Service with 1 day of wartime service, (3) Disability requirements, (4) Income, and (5) Net Worth. For a surviving spouse to qualify for Death Pension, the deceased veteran must have GOod Military Discharge and Time in Service with 1 Day Wartime service. The surviving spouse must meet Income and Net Worth requirements. The surviving spouse does not have to meet Disability requirements above, BUT must meet Marital Requirements.

The surviving spouse of a veteran who died of NSC disabilities AND has an income for VA purposes fall within the MAPR. May this surviving spouse collect Death Pension Benefits?

YES

What are the FOUR ways to establish service connection?

1. Direct 2. Secondary 3. Aggravated 4. Presumptive

Define Bi-lateral Factor:

When a partial disability results from disease or injury of both arms or both legs or of paired skeletal muscles, the rating for the disabilities of the right and left sides will be combined as usual and 10% of this value will be added before processing with further combinations or converting to degree of disability

How much is added if given the Bi-lateral Factor proven?

10%

Preference in NC State Government employment is granted to Service Connected (SC) disabled veterans. Is this preference also extended to Spoused and or dependants of SC veterans?

YES

"The relationship of a chronic disabling condition to the Veteran's service" is the definition of which of the FOUR ways to file for SC?

Direct

Current medical evidence of a diagnosis of a choice disability, evidence of incurrence or aggravations of a medical nexus, is defined as evidence necessary for proving a claim. Three of the FOUR ways to prove service connection would be relevant methods for proof of this kind of a claim (HINT: one is NOT Presumptive) What are those three ways?

1. Direct 2. Secondary 3. Aggravated

What is the name of the only National Cemetery currently open for interment?

Salisbury

If a Veteran that has benefits decides they would rather not be buried in a Veteran Cemetery but in a family grave site, what adornment can be requested for the Veterans' gravestone by his family?

Medallion

How many years of service must National Guard and Reserve members serve to receive a grave marker?

20 years to receive a grave marker

NSC Veteran burial allowance has a deadline of ____ after permanent burial.

2 years

When a Veteran has a disability that was incurred or aggravated during military, naval, or air service, the disability os chronic, and there is a Nexus. The Veteran has proven they have a ______________ Disability

Service Connected (SC)

Who shall not under any circumstances accept remuneration in cash or any form for services rendered?

VSO

Helpless child dependents, due to mental or physical disability, must be recognized/established prior to what age to receive benefits throughout the longevity of their life?

Vocational Rehabilitation participants will receive VA payment for training, tuition, books, supplies, tools, and uniforms. They will also be allowed monies for monthly subsistence, plus additional amounts for dependents. Medical care is also included while they are in the rehabilitation program. Does this include dental care?

YES

If a person has eligibility of more than one education or training program, can this extend their educational benefits past the normal 48 months which is the standard for educational programs?

No, only get 48 months in one or a combo of programs

To be eligible for the 9/11 GI Bill, a veteran must have served at least ______ aggregate days active duty after September 10, 2001.

The official documentation once a decision on the rating is established b the VA and sent to a Veteran. This will include a summary of applicable laws and regulations applicable to the decision, a summary of evidence considered in the decision, and the VAs determination on each issue and the justification for each decision. What is the formal name for this document?

Statement of Case

How many times will the VA provide monetary benefits to purchase a specially adapted vehicle?

Once

A Veteran that has been rated with 50% or higher will fall into what Priority Group for Medical Care?

Priority Group 1

Which Groups are considered non-discretionary, AKA< Priority for treatment in the VHA system?

Groups 1 - 6

Define what the VA considers eligibility criteria for Clothing Allowance benefits

The veteran has been prescribed an ointment or prosthetic that stains or wears/tears clothing.

A Veteran has received a Decision Notification letter and is unhappy with their decision. They decide to file with the US Court of Appeals for Veteran Claims. They must file within _______ of the _______ letter.

120 of the decision notification letter

The US Department of VA has the statutory duty to assist the claimant in identifying/obtaining the evidence necessary to substantiate the claim when that claimant presents a substantially complete claim for those benefits. This requirement is under the ___________ Act.

Veterans Claims Assistance

Dependents of 100% P&T SC connected veterans are entitled to CHAMPVA or Tricare. Can a retired veteran collect CHAMPVA?

No. Must utilize Tricare. Retirees and dependents utilize Tricare only

Aid and Attendance of HOusebound benefits are designated entitlements from which Pension plan?

Special Monthly Pension (SMP)

The NCDVA currently is the veteran's service representative organization. Who has the power to revoke their status?

The NCDVA Director of the State Service Office.

A Veteran has found themselves in debt to the VA. You aid the veteran in filling out a VA Form 5655, Financial Status Report. Another form must accompany the VA From 5655, which is a request for a waiver of Debt Management. What is the Form used for the waiver?

VA Form 21-4138

A Veteran wins $50,000 in the lottery, and they are a veteran under the new Improved Pension Law. This is considered income for VA purposes. How long will this affect Daniel's benefits? What is the effective date?

Income for VA purposes: 1 year from the date received

A Veteran died from a service-connected disability. The surviving spouse has contacted you on how much they may receive from the veterans basic burial allowance. How much will they receive?

$2,000

A Veteran deemed P&T has entered and finished a Voc Rehab program. They have gained suitable employment. The veteran must be in suitable employment and stable for at least _______ months before their IU benefit is reduced.

12 months

Prior to 7 September 1980, a veteran had to have served how many days to be eligible for VA health care VHA?

1 day

Akin to question #58, the date (prior to 7 September 1980) and eligibility criteria is the same for what other benefit that is VBA based?

Pension

Is the Department of Veterans Affairs responsible for providing for Spina Bifida but also treatment and care for other conditions that arise from Spina Bifida?

Yes

A Veteran gets a decision on a compensation claim they feel is incorrect. What must the veteran obtain and present to the VA in a reconsideration, that may change the previous decision?

New and Material Evidence

Service-connected disability compensation ratings are in accordance with the Schedule for Rating Disabilities within the _____ Part _____.

38 CFR Part 4

A Veteran approached the Discharge Board Review for their branch of service and was approved for an upgrade in their discharge. Under what circumstances may the VA not recognize this decision, or find it binding for the veteran to receive benefits through them?

Original discharge decision based on a more than 180 day AWOL with no reasonable excuse for absence.

Merchants Marines, Women's Army Corps, and Women's Air Force all qualify for veteran status due to their participation in which war?

WW II

To be eligible for temporaty 100% rating that is assigned for service connection with surgery, the time of recuperation cannot be less than _______. What is this rating called?

1 month Convalescent Rating (Temp 100%)

What kind of documentation do dependents need to submit with an application for CHAMPVA for Life Benefits?

Documentation proving they are enrolled in Medicare Part A and Part B

A Veteran received an award of service connection. What is the maximum time frame they have for enrolling in the Service-Disabled Veterans Insurance (SDVI)?

2 years

A claimant wants to submit a waiver for overpayment and comes to your office for assistance. He shows you a notification letter that they received. The date on the letter shows it was sent to the claimant over 3 months ago. Will or did the claimant meet any deadline that the VA may have in place? If they did not meet a set time frame for submitting a waiver, what is the 'no later than' date?

No 180 days of the notification letter

A Surviving Spouse of a retired service member is entitled to any arrears of pay for the month in which the retiree dies, and SBP is specified as the beneficiary. They are also entitled to what kind of health insurance?

Tricare

The state residency for Veteran Nursing Homes is 10, the NCDVA currently runs how many of these State nursing homes?

If you are submitting NOD, it must be within ______ or receiving the original VA __________.

1 year Decision letter

Which War ran between the dates February 28, 1961, and August 5, 1964?

Vietnam War

A child of (includes stepchildren and/or adopted) a veteran service connected at 100% PT has died from SC disabilities is seeking educational benefits. What education benefit to they qualify for?

Chapter 35

Veteran wants to claim dependents. The veteran must have a rating of ______% or more to claim this additional compensation.

30%

Veterans and their qualifying dependents must go and replace their identification card when the retired veteran reaches what age?

65 years old

Where doe retirees and their dependents fo to get replacement identification cards?

Any military installation that has the ability to create new identification cards

In Compensation, what is total recoupment?

If a military member gets any kind of monetary compensation from the military upon being medically discharged and then goes to the VA and files and gets compensation/a disability rating with payments, then they have to pay back that money to the DOD that was given to them upon separation

Is total recoupment based on a specific rating/percentage? If so, what is that percentage?

the only time the veteran does not have to pay the sum they received from the military is if they rate at 100% for the injury they received...the recoupment can be waived

Can a claimant use premiums for private medical insurance in their Pension 'continuing medical expenses'?

Yes

A veteran and/or surviving spouse is in a skilled level care nursing home. They will be there until they pass away. While there, they will only receive a small amount of money for expenses they wish to buy. What is that amount?

$90

To obtain a reduced rate for Hunting and Fishing license in NC, the veteran must be at ______ or higher.

50%

When will Pension payments stop for a veteran confined in prison?

On the 61st day of confinement

A veteran died of an NSC condition but had a rating of 100% P&T at the time of their death. For a surviving spouse to be eligible for DIC< how long the deceased veteran had to have maintained the rating for 100%?

10 years

A veteran received emergency care in a non-VA Facility. To be compensated the cost to the veteran, what must happen?

1. VA must be notified within 72 hours 2. Submittal of a VA form 10-583 within 2 years of care 3. Neith VA nor Federal facilities were reasonable/feasible for care

After January 1, 1993, veteran DIC became ________ payment

One flat rate

Under the Stae Children of War Veterans Scholarship program, Class _____ and _____ are considered unlimited.

Class 1 and 4

NSC veteran collects Pension and they served during the Persian Gulf era. What active duty time in service did the veteran have to do to be eligible for Pension?

24 months of active including 1 day of war

Can a proposal be appealed? Why?

No, it is a proposal

A Veteran is looking for a job with the State. The veteran is rated service connected for compensable disabilities by the VA. What point preference will this give the veteran toward the state job?

10 points Civil Service Preference

Filing a claim under 38 US Code 1151 is usually done to receive compensation for what medical situation?

Malpractice by the VA

Define NOD

"Written communication from a claimant or his or her representative expressing dissatisfaction or disagreement with a decision and a desire to contest the result".

What form must be filled out within days from the issuance of the SOC or the remainder of the original 1-year appeal period?

VA Form 9

What is the Financial Status Report firm number? What other form must accompany this?

VA Form 5655 Also must include VA Form 21-4138

Paid unreimbursed medical expenses may be deducted if they exceed ___________ of the MAPR under Improved Pension program

If a claim it is totally blind confined to the bed 24/7, or in a nursing home, What is payable to them?

Nonservice connected special monthly pension (NSC SMP)

The VA determines net worth under which criteria?

Money, real estate, access to net worth without financial penalty and claimants ability to use net worth for personal maintenance

Documentation proving that defendants are enrolled in Medicare part a and Medicare part B must be submitted when applying for___________

CHAMPVA

After receiving an award for service connection what is the maximum timeframe a veteran has for enrolling in Service Disabled Veterans Insurance (SDVI)?

Two years

A claimant wants to submit a waiver for overpayment and comes to your office for assistance. He shows you a notification letter that they received over three months ago. Well or did the claimant meet any deadline that the VA may have in place? If not, what is the set time frame for submitting a waiver after the notification letter is received?

No. A veteran has 180 days after receiving a notification letter to submit for a debt waiver for overpayment

Claimant has 180 days to do what?

Submit a waiver for overpayment after they receive notification letter

TRICARE is for:

Retirees and their dependents

Can stepchildren and or adopted children of a veteran that is 100% service-connected permanent and total who has died from service-connected abilities also receive chapter 35?

YES

A retired veteran and qualifying dependent must replace their identification cards when the veteran is what age?

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