Military Facts For Non-Military Social Workers
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APPENDIX IIIDepartment of Veterans Affairs VHA DIRECTIVE 2005-020 Veterans Health Administration Washington, DC 20420 June 2, 2005 DETERMINING COMBAT VETERAN ELIGIBILITY 1. PURPOSE: This Veterans Health Administration (VHA) Directive establishes policy for determining eligibility for Department of Veterans Affairs (VA) health care benefits for recently discharged veterans who served in a theater of combat operations or in combat against a hostile force during a period of hostilities. 2. BACKGROUND A. VA has the authority to provide medical care and other medical services to combat veterans even in the absence of proof of service connection. Title 38, United States Code (U.S.C.), Section 1710(e)(1)(D), states that a veteran who served on active duty in a theater of combat operations (as determined by the Secretary of Veterans Affairs, in consultation with the Secretary of Defense) during a period of war after the Persian Gulf War, or in combat against a hostile force during a period of hostilities after November 11, 1998, is eligible for hospital care, medical services, and nursing home care for any illness, even if there is insufficient medical evidence to conclude that such condition is attributable to such service. B. “Hostilities” is defined as conflict in which the members of the Armed Forces are subjected to danger comparable to the danger to which members of the Armed Forces have been subjected in a theater of combat operations during a period of war. To determine whether a period of hostilities is within the scope of this special authority, VA relies upon the same citation and criterion used to determine eligibility for VA Readjustment Counseling Service contained in 38 U.S.C., Section 1712A(a)(2)(B), as it applies to veterans in service after November 11, 1998. More specifically, criteria used to determine whether a veteran’s service meets the qualifications required by statute include: (1) Receipt of an expeditionary medal or other Department of Defense (DoD) authorized combat related medal; (2) Service in a location designated by an Executive Order as a combat zone; (3) Service in a qualified hazardous duty area as defined by Federal statute that deems such service by a member of the Armed Forces to be the equivalent of service in a combat zone for pay or a tax-related purpose; (4) Receipt of DoD Hostile Fire or Imminent Danger pay for serving in the area subject to hostilities; or (5) Other factors as may be defined in policy and regulation by the Secretary of Veterans Affairs. NOTE: A certificate of award, or presentation of a medal, in and of itself, will not suffice for VA health care eligibility verification purposes without the submission of supporting documentation (such as DD 214, Proof of receipt of Hostile Fire or Imminent Danger Pay, proof of exemption of Federal tax status for Hostile Fire or Imminent Danger Pay after November 11, 1998), other military service records or orders indicating combat service. C. National Guard and Reserve personnel who were activated and who served in combat support or direct combat operations during a period of war after the Gulf War, or in combat support or direct combat against a hostile force after November 11, 1998, may also be eligible for the combat related health care benefits under 38 U.S.C. 1710(e)(1)(D). To qualify, they must meet certain requirements, which essentially satisfy the definitions of “veteran” (see 38 U.S.C. 101 (2)), and “active duty”.
(2) National Guard members must meet those same requirements and must also have been ordered to active duty by Federal declaration.
combat and should be used to determine eligibility as a combat veteran. NOTE: These criteria are updated as necessary. 3. POLICY: It is VHA policy, in accordance with 38 U.S.C. Section 1710(e)(1)(D), that veterans who served in combat support or direct combat operations during a period of war after the Gulf War, or in combat support or direct combat against a hostile force after November 11, 1998, are to be provided hospital care, medical services, and nursing home care for any illness potentially related to their service in the combat theater for a 2-year period following separation from military service, even if there is insufficient medical evidence to conclude that such condition is attributable to such service. NOTE: Veterans under this authority may be enrolled as priority category 6 and are eligible for the full medical benefits package; as such they are not subject to co-payments for care potentially related to their combat service. 4. ACTION A. Under Secretary for Health. The Under Secretary for Health has designated the Chief Business Officer (CBO), as the lead VHA officer for establishing policy in determining veterans' eligibility for health benefits B. Chief Business Officer (16) (1) The Chief Business Officer (CBO), or designee, in consultation with the Public Health and Environmental Hazards Office (13), and the Readjustment Counseling Service (15), determines locations, dates of service, and other criteria that are used to identify service in theaters of combat or subject to hostilities. (2) The CBO is responsible for providing guidance relating to the evidence or documentation needed to determine an individual veteran’s eligibility for these combat-related health benefits. NOTE: Specific locations that have been designated as theaters of combat or areas subject to hostilities qualifying for combat veteran status are provided in Attachment A and will be updated as changes in combat designations occur. C. Medical Facility Director. Each medical facility Director is responsible for ensuring that (1) Facility staff involved in the eligibility process and staff involved in the provision of health care services are also provided guidance for establishing combat veteran eligibility and providing appropriate service to those veterans. Recently discharged combat veterans need to be asked to complete the applicable financial assessments (means test or medication co-payment tests) to determine if they qualify for a higher enrollment priority assignment, whether they will be charged co-payments for care and medication provided for treatment or non-combat related conditions, as well as their potential eligibility for beneficiary travel. (2) Intake staff are trained to clearly articulate to combat veterans the benefits of providing their income information to assess their eligibility for VA medical benefits. If the combat veteran declines to provide their income information, the combat veteran must agree to make appropriate co-payments for care that is clearly not related to their combat service. (a) Evidence or documentation that may be accepted as an individual veteran’s proof of service in a combat area include: NOTE: Only one is required. 1. Notations on the DD 214 of service in a designated combat theater of operations; 2. Receipt of the Afghanistan Campaign Medal, Iraq Campaign Medal, Armed Forces Expeditionary Medal; Kosovo Campaign Medal; Global War on Terrorism Expeditionary Medal (does not include Global War on Terrorism Service Medal); Southwest Asia Campaign Medal; or other DoD authorized combat related medal; 3. Proof of receipt of Hostile Fire or Imminent Danger Pay (commonly referred to as “combat pay”) after November 11, 1998; and 4. Proof of exemption of Federal tax status for Hostile Fire or Imminent Danger Pay after November 11, 1998. NOTE: Other evidence may be reviewed on a case-by-case basis. (b) The minimum active duty service requirement is the shorter of the following two periods: 1. The full period for which they were called or ordered to active duty, or 2. Twenty-four months of continuous active duty. NOTE: There remain categories of veterans who are expressly excluded by statute from the minimum active duty service requirement; e.g., veterans who were discharged or released from active duty for a disability incurred or aggravated in line of duty, those discharged or released from active duty under an early out or hardship discharge, etc. 5. REFERENCES a. Patient Referral Eligibility For VA War-Related Illnesses and Injury Study Centers, dated September 23, 2002. b. Title 38 U.S.C., Sections 101(2) and 101(21),1710, 1712A, and 5303A. 6. FOLLOW-UP RESPONSIBILITY: The Chief Business Office (16) is responsible for the contents of this Directive. Questions are to be addressed to Business Policy at 202-254-0406. 7. RESCISSIONS: VHA Directive 2004-017, Establishing Combat Veteran Eligibility. This VHA Directive expires June 30, 2010. S/Jonathan B. Perlin, MD, PhD, MSHA, FACP Under Secretary for Health VHA DIRECTIVE 2004-017 April 21, 2004 AREA INCLUDES EFFECTIVE TERMINATED
AREA INCLUDES EFFECTIVE TERMINATED
above: Persian Gulf and land area of Saudi Arabia Nov 11, 1998
sea boundaries:
*Arabian Peninsula and adjacent sea areas that include Bahrain, Oman, Kuwait, Qatar, Saudi Arabia, United Arab Emirates and Yemen. **For detailed specific information regarding designated hostile fire or imminent danger pay areas for these countries, refer to the website citation. VHA DIRECTIVE 2004-017 April 21, 2004 AREA INCLUDES EFFECTIVE TERMINATED Kenya Land area July 31, 2002 Kuwait Land area and airspace Nov 11, 1998 Kyrgyzstan Land area Sep 19, 2001 Lebanon Land area Nov 11, 1998 Liberia Land area Nov 11, 1998 Macedonia Land area and airspace Nov 11, 1998 Malaysia Land area Oct 31, 2001 Mediterranean Sea area Apr 11, 2003 July 31, 2003 Montenegro Land area and airspace Nov 11, 1998 Oman Land area Sep 19, 2001 Pakistan Land area Nov 11, 1998 Peru Land area Nov 11, 1998 Dec 31, 2001 Philippines Land area Oct 31, 2001 Qatar Land area and airspace Nov 11, 1998 Rwanda Land area Nov 11, 1998 Saudi Arabia Land area and airspace Nov 11, 1998 Serbia Land area and airspace Nov 11, 1998 Sierra Leone Land area Nov 11, 1998 Somalia Land area and airspace Nov 11, 1998 Sudan Land area and airspace Nov 11, 1998 Syria Land area July 31, 2003 Tajikistan Land area Nov 11, 1998 Turkey ** Land area and airspace Nov 11, 1998 Uganda Land area Jan 19, 2000 United Arab Emirates
Land area Sep 19, 2001 Uzbekistan Land area Sep 19, 2001 Yemen Land area May 25, 1999 Yugoslavia Land area and airspace Nov 11, 1998 Zaire Land area Nov 11, 1998
*Arabian Peninsula and adjacent sea areas that include Bahrain, Oman, Kuwait, Qatar, Saudi Arabia, United Arab Emirates and Yemen. **For detailed specific information regarding designated hostile fire or imminent danger pay areas for these countries, refer to the website citation. Additional combat eligibility information is available in VHA Handbook 1303.5 “VA War-Related Illness and Injury Study Centers (WRIISC)” APPENDIX IV Wartime service is defined by war periods, which are set by Congress. Below are the current wartime service periods as defined in the Department of Veteran Affairs Federal Benefits for Veterans and Dependents booklet (2005 edition). Wartime Service Certain VA benefits require wartime service. Under the law, VA recognizes these war periods: Mexican Border Period: May 9, 1916, through April 5, 1917, for veterans who served in Mexico, on its borders or in adjacent waters. World War I: April 6, 1917, through Nov. 11, 1918; for veterans who served in Russia, April 6, 1917, through April 1, 1920; extended through July 1, 1921, for veterans who had at least one day of service between April 6, 1917, and Nov. 11, 1918. World War II: Dec. 7, 1941, through Dec. 31, 1946. Korean War: June 27, 1950, through Jan. 31, 1955. Vietnam War: Aug. 5, 1964 (Feb. 28, 1961, for veterans who served “in country” before Aug. 5, 1964), through May 7, 1975. Gulf War: Aug. 2, 1990, through a date to be set by law or Presidential Proclamation. Additional benefit eligibility may be available for special groups, also defined in the Department of Veterans Affairs Federal Benefits for Veterans and Dependents booklet (2005 edition). Special Groups: A number of groups who have provided military-related service to the United States have been granted VA benefits. For the service to qualify, the Secretary of Defense must certify that the group has provided active military service. Individuals must be issued a discharge by the Secretary of Defense to qualify for VA benefits. Service in the following groups has been certified as active military service for benefits purposes: 1. Women Air Force Service Pilots (WASPs). 2. World War I Signal Corps Female Telephone Operators Unit. 3. Engineer Field Clerks. 4. Women’s Army Auxiliary Corps (WAAC). 5. Quartermaster Corps female clerical employees serving with the American Expeditionary Forces in World War I. 6. Civilian employees of Pacific naval air bases who actively participated in defense of Wake Island during World War II. 7. Reconstruction aides and dietitians in World War I. 8. Male civilian ferry pilots. 9. Wake Island defenders from Guam. 10. Civilian personnel assigned to OSS secret intelligence. 11. Guam Combat Patrol. 12. Quartermaster Corps members of the Keswick crew on Corregidor during World War II. 13. U.S. civilians who participated in the defense of Bataan. 14. U.S. merchant seamen who served on block ships in support of Operation Mulberry in the World War II invasion of Normandy. 15. American merchant marines in oceangoing service during World War II. 16. Civilian Navy IFF radar technicians who served in combat areas of the Pacific during World War II. 17. U.S. civilians of the American Field Service who served overseas in World War I. 18. U.S. civilians of the American Field Service who served overseas under U.S. armies and U.S. army groups in World War II. 19. U.S. civilian employees of American Airlines who served overseas in a contract with the Air Transport Command between Dec. 14, 1941, and Aug. 14, 1945. 20. Civilian crewmen of U.S. Coast and Geodetic Survey vessels who served in areas of immediate military hazard while conducting cooperative operations with and for the U.S. armed forces between Dec. 7, 1941, and Aug. 15, 1945. 21. Members of the American Volunteer Group (Flying Tigers) who served between Dec. 7, 1941, and July 18, 1942. 22. U.S. civilian flight crew and aviation ground support employees of United Air Lines who served overseas in a contract with Air Transport Command between Dec. 14, 1941, and Aug. 14, 1945. 23. U.S. civilian flight crew and aviation ground support employees of Transcontinental and Western Air, Inc. (TWA), who served overseas in a contract with the Air Transport Command between Dec. 14, 1941, and Aug. 14, 1945. 24. U.S. civilian flight crew and aviation ground support employees of Consolidated Vultee Aircraft Corp. (Consairway Division) who served overseas in a contract with Air Transport Command between Dec. 14, 1941, and Aug. 14, 1945. 25. U.S. civilian flight crew and aviation ground support employees of Pan American World Airways and its subsidiaries and affiliates, who served overseas in a contract with the Air Transport Command and Naval Air Transport Service between Dec. 14, 1941, and Aug. 14, 1945. 26. Honorably discharged members of the American Volunteer Guard, Eritrea Service Command, between June 21, 1942, and March 31, 1943. 27. U.S. civilian flight crew and aviation ground support employees of Northwest Airlines who served overseas under the airline’s contract with Air Transport Command from Dec. 14, 1941, through Aug. 14, 1945. 28. U.S. civilian female employees of the U.S. Army Nurse Corps who served in the defense of Bataan and Corregidor during the period Jan. 2, 1942, to Feb. 3, 1945. 29. U.S. flight crew and aviation ground support employees of Northeast Airlines Atlantic Division, who served overseas as a result of Northeast Airlines’ contract with the Air Transport Command during the period Dec. 7, 1941, through Aug. 14, 1945. 30. U.S. civilian flight crew and aviation ground support employees of Braniff Airways, who served overseas in the North Atlantic or under the jurisdiction of the North Atlantic Wing, Air Transport Command, as a result of a contract with the Air Transport Command during the period Feb. 26, 1942, through Aug. 14, 1945. 31. Honorably discharged members of the Alaska Territorial Guard who served during the period Dec. 31, 1941, through 1947. Selected Reserve and National Guard: Current and former members of the Selected Reserve who served on active duty establish veteran status and may be eligible for VA benefits, depending on the length of active military service and the character of discharge. In addition, reservists not activated may qualify for some VA benefits. Members of the National Guard activated for federal service during a period of war or domestic emergency may be eligible for certain VA benefits, such as VA health care, compensation for injuries or conditions connected to that service, and burial benefits. Activation for other than federal service does not qualify guard members for all VA benefits. Claims for VA benefits based on federal service filed by members of the National Guard should include a copy of the military orders, presidential proclamation or executive order that clearly demonstrates the federal nature of the service. Filipino Veterans: World War II era Filipino veterans are eligible for certain VA benefits. Generally, Old Philippine Scouts are eligible for VA benefits in the same manner as U.S. veterans. Commonwealth Army veterans, including certain organized Filipino guerrilla forces and New Philippine Scouts residing in the United States who are citizens or lawfully admitted for permanent residence, are also eligible for VA health care in the United States on the same basis as U.S. veterans. Certain Commonwealth Army veterans and new Philippine Scouts may be eligible for disability compensation and burial benefits. Other veterans of recognized guerrilla groups also might be eligible for certain VA benefits. Survivors of World War II era Filipino veterans may be eligible for dependency and indemnity compensation. Eligibility and the rates of monetary benefits may vary based on the recipient’s citizenship and place of residence. Source: http://www1.va.gov/opa/IS1/index.htm APPENDIX V Below is a list of VHA Directives, Handbooks and Information Letters which have been published since the OIF/OEF Conflict. These documents may be referenced for programmatic guidance in relation to the OIF/OEF veteran population. VHA Directives:
VHA Handbooks:
Information Letters:
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