INTRODUCTION

The South Dakota Department of Veterans Affairs (SDDVA) is a state agency which was created to assist military veterans, and their dependents, in preparing claims for benefits from the US Department of Veterans Affairs (VA). These benefits include, but are not limited to: compensation for service connected disabilities, hospital care at a VA Medical Center, pension benefits for certain wartime veterans, VA Home Loan programs, Burial Benefits, etc. SDDVA representatives can be contacted at the office in Sioux Falls – phone # (605) 333-6869 or in Pierre – phone # (605) 773-3269.

In addition, each county in South Dakota has a County Veterans Service Officer (CVSO) and some of the reservations have a Tribal Veterans Service Officer (TVSO). These individuals serve as the local contact person for our states veterans and their dependants and they provide assistance with making application for the various benefits programs that are available. The majority of these offices are located in the respective county courthouse or Tribal office.

The following is a very brief description of some of the benefits available through the VA. For more details on these, or any other VA benefits, contact the SDDVA, or your local County or Tribal VSO or the veterans organization of your choice.

SERVICE CONNECTED DISABILITY COMPENSATION

Service connection may be granted for a disability or disease that was incurred or aggravated while on ‘active military service’. Some important factors about service connection are:

• the veteran must have been discharged or released from service under conditions other than dishonorable.
  

• the veteran must NOT have incurred the injury or disease as a result of willful misconduct.
  

• there is no minimum length of service requirement.

Some ways service connection can be established are:

1. Direct Incurrence. The disability occurred during service (e.g., a combat wound)

2. Aggravation. A disability that existed prior to entering service becomes permanently worse during service (e.g., a knee injury from high school athletics).

3. Presumption. Certain diseases will be considered to have been incurred in or aggravated by service and may be service connected. These include chronic, tropical or prisoner-of-war related diseases, or diseases associated with exposure to herbicide agents (e.g., Agent Orange), or environmental hazards in the Gulf War (e.g., undiagnosed illnesses)

Some basic rating facts are:

• A veteran may be rated from 0% to 100% disabled, depending on the severity of the disability. To receive payment the disability must be rated at least 10% disabling.

• Ratings increase according to the degree of disability (the more severe the disability, the higher the percentage).

• A veteran can have several individual ratings - one for each claimed disability that is found to be service connected.

Related Benefits for Service Connected Veterans

Clothing Allowance: Veterans who have a service connected disability that requires: 1. the use of a prosthetic device (including a wheelchair) that wears out or tears their clothing or, 2. requires a prescribed medication that irreparably damages the outer garments, are eligible for a once-a-year clothing payment from the VA.

Automobile and Adaptive Equipment: The VA may make a one time payment, currently $18,900, toward the purchase of an automobile or other conveyance and, may pay for adaptive equipment which is necessary for safe and efficient operation of the veterans’ vehicle. To qualify the veteran must have a service connected disability which involves one of the following:

• Permanent loss, or loss of use of, one or both hands or feet, OR

• Ankylosis of one or both knees, or one or both hips, OR

• Permanent impairment of vision of both eyes

Specially Adapted Housing:Veterans who have a permanent and total service connected disability(ies) may be eligible for one of the following housing grants from the VA. The purpose of the grant is to accommodate the seriously disabled veteran in a home that has special features and equipment essential to comfortable living for the veteran.

1. $63,780 Grant: Can be used for building or buying a new home, or for remodeling an existing home to suit the veteran’s needs. It can also be used for reducing indebtedness on a specially adapted home that was already acquired by the veteran without the assistance of a VA grant. The grant covers up to 50% of the cost or $63,780, whichever is less. In order to qualify, the veteran’s service connected disability(ies) must involve any of the following:

• loss or loss of use of both lower extremities, requiring the use of braces, crutches, canes, or a wheelchair, OR

• a disability that includes blindness in both eyes having light perception only, plus the loss or loss of use of one lower extremity, OR

• loss or loss of use of one lower extremity together with either (1) residuals of organic disease or injury, or (2) loss or loss of use of one upper extremity as to affect the function of balance or propulsion, making braces, canes, crutches, or a wheelchair necessary.

2. $12,756 Grant:This grant is for adapting a veteran’s home or for purchasing a home which has already been adapted with special features. It covers the actual cost of the adaptations up to the maximum amount of $12,756. In order to qualify, the veteran’s service connected disability(ies) must include one of the following:

• Blindness in both eyes with 5/200 visual acuity or less, OR

• Loss or loss of use of both hands.

Vocational Rehabilitation – Chapter 31: The purpose of the VA vocational rehabilitation program is to provide appropriate training or education to service connected veterans enabling them to overcome employment handicaps which may be caused by their disability. A veteran must have a service connected disability of at least 10% disabling to qualify. Some of the different services and benefits provided by the VA, to those eligible for this program, include:

• evaluation of abilities and skills through extensive testing,

• education and training to qualify the veteran for suitable employment,

• financial assistance and any needed medical care during training.

DEPENDENCY AND INDEMNITY COMPENSATION (DIC)

DIC is a monthly payment to the surviving spouse or child(ren) of a servicemember or veteran who dies:

• while on active duty, OR

• after separation from service and a service connected disability either directly caused or substantially contributed to the death, OR

• from an injury that resulted from improper VA medical treatment, OR

• while on a VA vocational training program.

One unique situation in which DIC may be granted, even though the veteran’s death was not caused by his or her service connected disabilities, is referred to as the 10 year rule. Under this rule, DIC is payable to the surviving spouse or children in the same manner as if the death were service connected, if the deceased veteran was rated 100% service connected disabled for at least:

• 10 years immediately preceding death, OR

• 5 years, continuously from the time of separation from active duty, until death.

For VA benefit purposes, a dependent child can be a legitimate child (by birth), legally adopted, or a step child. The child must be unmarried and meet at least one of the following:

• be under age 18, OR

• be between the ages of 18 and 23 and pursuing a course of instruction in an approved educational institution, OR

• be permanently incapable of self-support where the condition occurred before reaching age 18.

Related benefits for DIC recipients

Dependents Educational Assistance – Chapter 35: The Survivor’s and Dependent’s Educational Assistance Program provides for up to 45 months of education and/or training benefits to the spouse, surviving spouse, and/or dependent children of a veteran or servicemember who:

• died while on active duty, OR

• died of a service connected disability, OR

• is permanently and totally (P&T) disabled from a service connected disability, OR

• died while rated as P&T disabled from a service connected disability, OR

• is listed as missing in action (MIA) or as a prisoner of war (POW) for at least 90 days.

The eligibility period for a spouse or surviving spouse and for a child(ren) is determined by different criteria.

1. Spouse: Generally, a spouse or surviving spouse has 10 years from the date the veteran died or, was rated permanently and totally disabled to use Chapter 35 benefits. Under certain situations the spouses’ eligibility period can be extended, for example: if the spouse had a mental or physical disability which prevented him or her from attending school.

2. Child(ren). There is no limit to the number of children in each family eligible for training benefits.

• Generally a child can use Chapter 35 benefits anytime during the 18 to 26 age span. However, under certain circumstances, it is possible for the child to receive benefits prior to age 18 and beyond age 26.

Some recipients of DIC may also be entitled to:

• Loan Guaranty benefits

• CHAMPVA/TRICARE

• Commissary and exchange privileges

• Civil Service preference letters

Parents DIC

Parent’s DIC is a monthly benefit payable to certain parents of deceased veterans or servicemembers. For VA purposes, a dependent parent is one who depends on the veteran for financial support and may be the veteran’s birth mother or father, stepmother or stepfather. The term “dependent parent” does not necessarily mean that the parent is not self supporting but rather, that the parents’ income is minimal or that the parent has high un-reimbursed medical expenses, i.e., a nursing home patient.

For Parent’s DIC the veteran’s or servicemembers death must have occurred on or after January 1, 1957 from one of the following conditions:

• in the line of duty while on active duty, OR

• after discharge as a result of disease or injury incurred in or aggravated by military service or an injury sustained while on active duty in the Selected Reserve.

HOME LOAN GUARANTY

VA Guaranteed loans are available to eligible veterans who wish to purchase, build, repair, refinance or improve a home which is for their own personal occupancy. VA guaranteed loans are made by private lenders such as banks, savings and loan associations, or mortgage companies. VA does not actually make the loan, it guarantees a portion of it to the lender.

There are numerous options and financing plans available though private lenders for purchasing a home and veterans should always ‘shop around’ for the one that is most advantageous for them before making a final decision. Some important features of a VA Guaranteed loan are:

• No down-payment (unless required by the lender)

• No mortgage insurance premiums

• Right to prepay without penalty

Military Service Requirements:

Wartime service: Veterans must have served at least 90 days on active duty, any part of which was during the following periods, and have been discharged or released under other than dishonorable conditions. Veterans who served less than 90 days may qualify if they were discharged for a service connected disability.

• WW11 - September 6, 1940 to July 25, 1947

• Korea - June 27, 1950 to January 31, 1955

• Vietnam - August 5, 1964 to May 7, 1975

• Persian Gulf - August 2, 1990 to present (requires service for 2 years or the full period for which ordered to active duty)

Peacetime Service: Veterans must have served at least 181 days on active duty and have been discharged or released under other than dishonorable conditions. Veterans who served less than 181 days may qualify if they were discharged for a service connected disability. Peacetime service includes the periods:

• July 26, 1947 to June 26, 1950

• February 1, 1955 to August 4, 1964

• May 8, 1975 to September 7, 1980

NOTE: Veterans whose entire period of active duty was between September 7, 1980 (enlisted) or October 16, 1981 (officers) and August 1, 1990 must have completed 24 months of active duty or the full period (at least 181 days) for which called or ordered to active duty, OR if the time served on active duty was for a shorter period, they must have been discharged for reasons of “hardship” or “reduction in force”, or for a service connected disability.

Gulf War Service: For active duty service beginning Aug. 2, 1990 (through a date yet to be determined), the veteran must have completed 24 months of continuous active duty or the full period (at least 90 days) for which ordered to active duty. If active duty was for less than 90 days the veteran may qualify if discharged for a service connected disability or for hardship or involuntary reduction in force.

Active Duty Personnel: Servicepersons on active duty are eligible after having served on continuous active status for at least 90 days during wartime or 181 days during peacetime. They remain eligible as long as they remain on active duty under honorable conditions. Once discharged, they must reapply and qualify as veterans.

Selected Reserve Personnel: Selected Reserve members who have been ordered to active duty may qualify as veterans, based on their active duty service, e.g., Reserve and National Guard members who have been ordered to active duty during the Gulf War.

Individuals who are not otherwise eligible and who have completed at least 6 years in the Selected Reserves or National Guard will be eligible if they meet at least ONE of the following criteria:

• were discharged from the service with an honorable discharge; OR

• were placed on the retired list; OR

• were transferred to an element of the Ready Reserve other than the Selected Reserve; OR

• continue to serve in the Selected Reserve

Surviving Spouse: The surviving spouse of a veteran who died while on active duty or, from a service connected disability may also qualify for the home loan guaranty.

Entitlement Amounts:

A veterans’ basic entitlement under the loan guaranty program is $36,000, however, this amount may be increased for certain loans when the loan amount exceeds $144,000. Generally, the loan guaranty cannot exceed 50% of the loan and the amount of the guaranty depends on several factors such as: the amount of the loan, the type of property and whether the claimant has used entitlement previously.

VETERANS PENSION

Improved pension is a ‘needs based’ program payable to certain wartime veterans. In determining eligibility and the amount of payment, all income of the veteran, the veterans’ spouse and any dependent children is considered. Un-reimbursed family medical expenses paid by a veteran may be used to reduce his or her countable income. Allowable medical expenses include, but are not limited to: health insurance premiums, medications, and payments for medical care such as doctor or hospital bills. Additionally, any last illness and/or burial expenses paid by the veteran for the death of a spouse or dependant child will be subtracted from countable income.

To qualify, the veteran must have served under conditions other than dishonorable & meet all three of the following:

1. The veteran must have,

• at least 90 days of wartime service, or at least 90 days of consecutive service, 1 day of which was during a wartime period, OR

• served during wartime and was discharged for a service connected disability, regardless of the length of service.

2. He or she must be permanently and totally disabled or, age 65 or older (for pension purposes, the disabilities do not need to be related to his or her period of active duty service.)

3. He or she must have limited income and resources (net worth).

For VA purposes, the wartime periods are:

WW1 - April 6, 1917 to November 11, 1918

WW11 - December 7, 1941 to December 31, 1946

Korea - June 27, 1950 to January 31, 1955

Vietnam - August 5, 1964 to May 7, 1975 **

Persian Gulf - August 2, 1990 to (a date to be determined)

** Veterans who served in Vietnam at some time between the dates of February 28, 1961 through August 4, 1964 may also qualify for pension.

Death Pension for Widows and Children

Death pension is a benefit available to surviving spouses and children of wartime veterans. With death pension the veteran’s death does not have to be service connected, but the deceased veteran must have had wartime service. The eligibility requirements for death pension are very similar to those for veteran’s pension. Their common requirements are:

• period(s) of service

• character of discharge

• limited income & resources

NOTE: The one major difference between veterans’ pension and death pension is that the widow or child applicant does not have to be permanently and totally disabled.

VA MEDICAL CARE

As with all VA benefits, veterans must have served on active duty under honorable conditions to be eligible for VA Medical Care. One exception to this requirement is that veterans who have a service connected disability may receive medical care for the service connected disability, even though they have an other-than-honorable discharge.

Minimum Service Requirement:

Veterans seeking treatment for a service connected disability are not subject to any minimum length of service requirements. Veterans seeking treatment for conditions that are not service connected and who first entered service before September 7, 1980 may be eligible for most medical treatment if they have at least one day of active duty, and their discharge was under honorable conditions.

Enlisted personnel who first entered service after September 7, 1980 and officers who were commissioned after October 16, 1981 must meet the minimum active duty requirement which is commonly known as the “24 month rule” or the “2 year rule.” This requirement states that the veteran must have completed at least 24 months of active duty, OR the full period for which “called” or ordered to active duty.

Enrollment

Most veterans must be enrolled in order to receive VA healthcare services. Some key points about enrollment are:

• A veteran may apply at any time - there is no time limit.

• Veterans are encouraged to retain any existing healthcare coverage (private insurance) that they may already have.

• Enrollment levels are based on priority groups – veterans in the highest priority groups will be enrolled first.

• Acceptance of the veterans’ enrollment is contingent upon his or her priority group and theVA’s space and resource availability.

BURIAL BENEFITS

To be eligible for VA burial benefits, the veteran must have been discharged or released from military service under conditions other than dishonorable. Additionally, the burial and plot allowance entitlements differ according to whether the veteran’s death was service connected or non-service connected. The monetary burial benefits that are payable upon the death of an eligible veteran can be provided for any orall three of the following:

1. Burial allowance: A reimbursement for expenses incurred in the burial of an eligible veteran. The amount of payment is as follows:

• If the death is service connected, the maximum payment is $2,000.

• If the death is non-service connected, the maximum payment is $600.

If the veterans’ death was not service connected, ONE of the following eligibility requirements must be met. The veteran must have:

• been in receipt of VA disability pension or compensation at the time of death.

• been in receipt of military retirement pay in lieu of VA compensation.

• had a claim pending with the VA for disability benefits and was subsequently determined to be eligible from a date prior to the date of his or her death.

• died while hospitalized by the VA or while on approved travel for VA medical care.

• been indigent. (An indigent veteran must have been a veteran of a war, or discharged from active duty for a disability incurred or aggravated in the line of duty).

2. Plot/interment allowance:A reimbursement of plot or interment expenses to a maximum of $300. The plot allowance is NOT payable when burial is in a national cemetery. To qualify for the plot allowance the veteran must have:

• met any of the above basic eligibility requirements for the burial allowance, OR

• been discharged from active duty for a disability incurred or aggravated in the line of duty.

3. Transportation costs:The actual amount of payment is based on a “reasonable charge” for transportation service from the place of death to place of burial. The VA may pay a transportation allowance if ONE of the following requirements is met:

• The veteran died while under VA medical care or on authorized travel for such care, or

• The deceased veteran is to be buried in a national cemetery and he or she died of a service connected condition or, at the time of death, had a compensable service connected disability.

National Cemeteries

Veterans who were discharged under conditions other than dishonorable and, members of the Armed Forces who die while on active duty, are eligible for burial in a National Cemetery. Those who first entered active duty after September 7, 1980 must meet the minimum active duty requirement which states that the veteran must have completed at least:

• 24 months of active duty,OR

• the full period for which “called” or ordered to active duty.

National Guard or Reserve members may be eligible if they meet ONE of the following criteria:

1. Was eligible for military retirement pay based on service in the Selected Reserve.

2. Was disabled or died from a disease or injury incurred or aggravated in the line of duty while on active or inactive duty for training.

3. Died while hospitalized or undergoing treatment at VA expense for an injury or disease contracted or incurred while performing active duty for training, or inactive duty for training, or while hospitalized by the government for that treatment.

A veteran’s spouse and certain dependent children may also be eligible for burial in a national cemetery.

Headstones and Markers

Both veterans and deceased members of the Armed Forces are entitled to a Government headstone or marker regardless of the place of burial. The basic requirements are:

• The veteran’s service could have been either during peacetime or wartime.

• The veteran’s discharge must have been under conditions other than dishonorable.

• If the deceased was serving in the US Armed Forces at the time of death, his or her service must have been under honorable conditions.

• If the veteran’s active duty began after September 7, 1980, the minimum active duty service requirement must be met.

National Guard or Reserve members must meet ONE of the following criteria:

1. Was eligible for military retirement pay based on service in the Selected Reserve.

2. Was disabled or died from a disease or injury incurred or aggravated in the line of duty while on active or inactive duty for training.

3. Died while hospitalized or undergoing treatment at VA expense for an injury or disease contracted or incurred while performing active duty for training, or inactive duty for training, or while hospitalized by the government for that treatment.