Although U.S. Armed Forces are deployed around the globe, a number of servicemembers are currently serving in the Operation Enduring Freedom (OEF) combat zone. As a result of the risks facing these servicemembers, some of them are incurring injuries or illnesses during their active service (or having existing medical conditions worsen as a result of their service). Congress has shown an interest in the treatment of injured servicemembers, both while they are undergoing medical treatment and in their transition from military to civilian life as veterans. An injured servicemember (or veteran) may require specific types of assistance or benefits to enable him or her to have a better quality of life.
The VA provides a range of benefits for veterans who meet certain eligibility criteria. However, certain benefits have specifically been created to assist disabled veterans. Among them are disability compensation, the vocational rehabilitation and employment (VR&E) program, automobile and special adaptive equipment grants, clothing allowance grants, adapted housing grants, and service-disabled veterans' insurance (S-DVI).
This report provides information on these benefits, including eligibility, legislative history, and the application process. The Appendix provides a table with data on the number of beneficiaries and FY2011 outlays (spending) for each of the benefits discussed in this report.
Disability compensation provides a monthly cash benefit to veterans who have incurred an injury or disease contracted in, or aggravated by, active military service.1 The benefit level is determined by the level of disability.2 A disability rating is assigned (from 0% to 100% in increments of 10%) by the VA after a physical examination of all body systems for which the veteran is claiming a disability. However, a cash benefit is only provided to veterans with a rating of 10% or more.
The basic benefit amount in 2013 ranges from $129 to $2,816 per month, depending on the disability rating. Additional amounts can be paid in certain circumstances, including severe disabilities or loss of limbs; having a spouse, dependent children,3 or dependent parents; or having a disabled spouse.
Prior to World War I, disability compensation was a component of the pension program based on military service in a particular conflict. The World War Veterans Act of 1924 (P.L. 242), later codified by P.L. 85-56 and P.L 85-857, established the modern disability compensation program.4
A veteran may be eligible for disability compensation if (1) the veteran is disabled resulting from personal injury suffered or disease contracted in the line of duty, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty, in the active military, naval, or air service, during a period of war and (2) if the veteran was discharged or released under conditions other than dishonorable from the period of service in which the injury was incurred.5 The VA makes a case-by-case determination of whether the discharge was under "conditions other than dishonorable" and can review dishonorable discharges to determine whether the veteran may be eligible for VA benefits.6
The application process requires proving a medical diagnosis of current disability, medical evidence of the in-service incident or the worsening of an injury or disease, and a link between the in-service incident or the worsening of a disease and military service. A veteran can apply for disability compensation using a paper form or online. In addition, servicemembers can apply before they are discharged from the military. The VA will then review the documentation and may schedule an examination for the disability evaluation.
After the examination, a disability rating is assigned. If the rating is 10% or more, the veteran will then receive his or her disability compensation payment at the beginning of the next month.
The Vocational Rehabilitation and Employment (VR&E) program is designed to help veterans with service-connected disabilities prepare for, find, and keep suitable jobs. Veterans with severe service-connected disabilities who cannot immediately consider work are offered other services by the VR&E to improve their ability to live as independently as possible.7
The vocational rehabilitation program for veterans began in 1918. With the end of World War I, concerns were raised in Congress about ensuring that returning disabled servicemembers be provided a mechanism for resuming productive economic lives. The 1918 law8 that created this program has been amended several times to modify the services provided by VR&E. Under current law, the VR&E program must provide a number of services including the following:
The combination of services that each veteran receives is determined by the veteran's skills and desired employment outcome.
The eligibility process involves a two-step process to establish eligibility and entitlement. To be eligible for the VR&E program, a veteran must (1) have received or will receive a discharge that is other than dishonorable and (2) have a service-connected disability rating of at least 10%.9
There is a limitation on the period of eligibility. VR&E services may be used up to 12 years from the latter of the following dates:
The period of eligibility may be extended if a Vocational Rehabilitation Counselor (VRC) determines that a veteran has a serious employment handicap.
After eligibility is established, the veteran meets with a VRC for a comprehensive evaluation to determine whether the veteran is entitled to services. The comprehensive evaluation includes the following:
An entitlement determination is required to enter the VR&E program. On the basis of the results of the comprehensive evaluation, a VRC determines whether a veteran has an employment handicap. A veteran is entitled to services if the veteran is within the period of eligibility, has a 20% or greater service-connected disability rating, and has an employment handicap. If the VRC determines the veteran has a serious employment handicap, then a veteran with a disability rating of 10% is entitled to VR&E.
If a veteran is found to be ineligible for services, the VRC will help him or her locate other resources to address any rehabilitation and employment needs identified during the evaluation. Other resources that the veteran may be referred to include state vocational rehabilitation programs, Department of Labor employment programs for disabled veterans, local agencies providing services for employment or small business development, Internet-based resources for rehabilitation and employment, and information about applying for financial aid.
Financial assistance is available to certain disabled veterans and servicemembers to purchase new or used automobiles (or other conveyances) to accommodate a disability. The veteran or servicemember may only receive the automobile grant once in his or her lifetime. The grant is up to $19,505, and it is paid directly to the seller of the automobile to be applied to the total price of the automobile.10 Certain veterans who need to have a vehicle specially adapted due to their service-connected disability may qualify for the adaptive equipment grant.
P.L. 79-663 in 1946 and P.L. 80-785 in 1948 appropriated funding to aid disabled World War II veterans in purchasing automobiles. Each of the two laws specified a $1,600 per-vehicle allowance, but neither placed a limitation on the number of cars a veteran could purchase. Because this limitation was not in place, some qualified veterans could not receive benefits due to a shortfall in funding.
In 1950, P.L. 81-798 authorized the VA to pay up to $1,600 of the costs for disabled World War II veterans to purchase specially adapted automobiles, with a limit of one assisted automobile purchase per veteran. The benefit amount has increased over the years. Most recently, the Transportation Equity Act for the 21st Century (P.L. 105-178) increased the benefit amount from $5,500 to $8,000; the Veterans Education and Benefits Expansion Act of 2001 (P.L. 107-103) increased the benefit amount to $9,000; and the Veterans Benefits Act of 2003 (P.L. 108-183) increased the benefit amount to $11,000. The Veterans' Benefits Act of 2010 (P.L. 111-275) increased the benefit amount to $18,900 effective October 1, 2011, and provided for an annual inflation adjustment to this amount.
The adapted automobile grants are available to any veteran or servicemember entitled to compensation as the result of certain injuries incurred or diseases contracted in or aggravated by active military, naval, or air service. Those specific injuries include the loss or permanent loss of use of one or both feet, one or both hands, or permanent impairment of vision.11 The Veterans' Benefits Act of 2010 (P.L. 111-275) expanded eligibility to include veterans with a severe burn injury effective October 1, 2011.
Veterans can apply for the grant by submitting VA Form 21-4502, Application for Automobile or Other Conveyance or Adaptive Equipment (completing only Section I), to the local VA regional office to establish entitlement. The VA will complete Section II, which certifies eligibility, and return the original to the veteran. The veteran is then responsible for obtaining the invoice from the seller, completing Section III, and submitting the completed form to the local VA regional office.
If the veteran is entitled to adaptive equipment only (i.e., service-connected for ankylosis, or stiff or fixed joints, of the knees or hips), the veteran would complete VA Form 10-1394, Application for Adaptive Equipment-Motor Vehicle, and submit it to the local VA medical center. Additionally, VA Form 10-1394 should be completed for approval of equipment not specified on VA Form 21-4502.
The clothing allowance benefit is designed for any veteran who is entitled to receive compensation for a service-connected disability for which he or she uses a prosthetic or orthopedic device. The allowance is also available to any veteran whose service-connected skin condition requires prescribed medication that irreparably damages the veteran's outer garments. A veteran with multiple disabilities may be eligible to receive up to two times the clothing allowance.
In 1972, Congress mandated under P.L. 92-328 that the VA Administrator shall pay a clothing allowance to each eligible veteran because of a service-connected disability. This law was passed due to disability devices wearing out or tearing up the clothing of veterans. The allowance was originally set at $150 per year, but it has been increased by legislation to the current annual level of $753.12
To apply for the annual clothing allowance, a veteran completes VA Form 10-8678, Application for Annual Clothing Allowance.13
Enrollment for the benefit is for one year. Each year the enrollment is reviewed and may be renewed depending upon the VA health care priority group in which the veteran is enrolled.14 Priority groups range from 1 to 8, with 1 being the highest priority for enrollment. This assignment is based on eligibility status, which is determined during the application process.
Adapted housing grants are provided for constructing adapted homes or modifying existing homes to meet the needs of veterans and members of the Armed Forces with disabilities. There are three major grant programs:
The SAH grants are focused on the construction or acquisition of a specially adapted home or the remodeling of an existing home into a specially adapted home for veterans and servicemembers with disabilities. The goal is to provide a barrier-free living environment that affords the veteran or servicemember a level of independent living that he or she may not otherwise enjoy. The grant is limited statutorily to $63,780 per lifetime,15 but the Housing and Economic Recovery Act of 2008 (P.L. 110-289) provided that the VA Secretary shall annually adjust the grant limit based on a residential home cost-of-construction index established by the Secretary.16 Most recently, for FY2013, the level was set at $64,960.17 Veterans and servicemembers may use the grant up to three times.18
The VA can provide an SAH grant of up to $28,000 to disabled veterans and servicemembers temporarily living in a home owned by a family member.
The SAH benefit is available to veterans and servicemembers who have service-connected disabilities.19 These service-connected disabilities entitle them to compensation for permanent and total disability due to
In addition, it must be medically feasible for the veteran or servicemember to live in the house; the house must be adapted to meet the veteran's or servicemember's needs; and it must be feasible, with the grant assistance, for the veteran or servicemember to buy the house.
To apply for the SAH grant, a veteran or servicemember completes and submits VA Form 26-4555, Application in Acquiring Specially Adapted Housing or Special Home Adaptation Grant, to the local VA regional office.20
The VA also offers the SHA grant. This grant is used to assist veterans and servicemembers with disabilities to achieve mobility throughout their homes. The grant is statutorily limited to $12,756 per lifetime,21 and the FY2013 limit based on costs of construction is $12,992.22 The grant may be used up to three times.
The VA can provide an SHA grant of up to $5,000 to disabled veterans and servicemembers temporarily living in a home owned by a family member.
The SHA grant is available to veterans and servicemembers who have service-connected disabilities entitling them to compensation for permanent and total disability due to:
The application process for the SHA grant is the same as for the SAH grant: a veteran or servicemember completes and submits VA Form 26-4555, Application in Acquiring Specially Adapted Housing or Special Home Adaptation Grant, to the local VA regional office.
Under the HISA grant program, assistance is provided for any home improvement necessary for the continuation of the disabled veteran's treatment, or for disability access to the home and essential lavatory and sanitary facilities. A HISA grant is available to veterans who have received medical determinations indicating that improvements and structural alterations are necessary or appropriate for the effective and economical treatment of their disabilities. A veteran may receive both a HISA grant and either an SHA or SAH grant.
The HISA program is available for veterans with both service-connected and non service-connected disabilities, as detailed below:
To apply for the HISA grant, the veteran completes and submits VA Form 10-0103, Veterans Application for Assistance in Acquiring Home Improvement and Structural Alterations, to the local VA medical center.26
In 1948, P.L. 80-702 authorized the VA to pay up to 50% of the cost for a disabled veteran to purchase a new home or to modify existing housing to adapt it to accommodate his or her disability. The law had a one-year limitation (after discharge) for the entitlement, but this was flexible under specific circumstances. It also gave the VA authority to add other chronic diseases within its eligibility lists. In the Veterans' Disability Compensation and Housing Benefits Amendments of 1980 (P.L. 96-385), Congress expanded the Specially Adapted Housing program to include veterans who may need to modify their homes, but not to the degree required for veterans who need assistance walking or are unable to walk, with a focus on veterans who are blind. This is the portion of the program referred to as the Special Housing Adaptation Grant.
In 2006, the Veterans' Housing Opportunity and Benefits Improvement Act of 2006 (P.L. 109-233) permitted the use of SHA and SAH grants for temporary residences and allowed eligible veterans or active duty servicemembers to use the benefit for up to three occurrences as long as the aggregate granted by the Secretary did not exceed the maximum amount allowable.
The Housing and Economic Recovery Act of 2008 (P.L. 110-289) made several changes related to home modifications for veterans:
The Veterans' Benefits Improvement Act of 2008 (P.L. 110-389) required the Secretary to provide, at no cost, a handbook to veterans of appropriate designs for specially adapted housing. The handbook is to be updated every six years to take into account new or unique disabilities.
Service Disabled Veterans' Insurance (S-DVI) is life insurance for veterans who have received a service-connected disability rating from the VA. The basic S-DVI program insures eligible veterans for up to $10,000 of coverage. Veterans who have basic S-DVI coverage and are totally disabled before age 65 are eligible to have their premiums waived.32
If a premium waiver is granted, a totally disabled veteran may apply for additional coverage up to $30,000 under the Supplemental S-DVI program. Premiums for Supplemental S-DVI coverage, however, cannot be waived. The cost varies depending upon the veteran's age, the type of plan, and the amount of coverage.33
The Insurance Act of 1951 (P.L. 82-23) established the Service-Disabled Veterans' Insurance (S-DVI) program for veterans with service-connected disabilities. S-DVI is open to veterans who separated from the service on or after April 25, 1951, and who received a service-connected disability rating of 0% or greater. The Veterans' Benefit Act of 1992 (P.L. 102-568) adjusted the current program and provided for $20,000 of supplemental coverage to S-DVI policyholders.34
To protect veterans who become incompetent from a service-connected disability while eligible to apply for S-DVI and who die before an application is filed, P.L 82-83 was amended in 1991 by P.L. 102-86. This insurance is issued posthumously, and it is payable to a preferred class of the veteran's relatives in a lump sum.35
To provide veterans with financial relief from high premium rates at advanced ages, S-DVI term premiums were "capped" at the age 70 renewal rate effective November 1, 2000, by P.L. 106-419. This means that the annual premium for these policies will not exceed $69.73 per $1,000 of coverage.
The Veterans' Benefits Improvement Act of 2008 (P.L. 110-389) provided that the costs of administering the insurance program be paid from premiums credited to the fund, and that payments for claims in excess of premiums credited (after administrative expenses are paid) are to be paid from appropriations.
The Veterans' Benefits Act of 2010 (P.L. 111-275) increased the maximum amount of supplemental coverage to $30,000 effective October 1, 2011.
To be eligible for S-DVI, a veteran must have:36
However, the veteran does not need to have a 100% rating to be eligible. Veterans who receive a new rating of even 0% are eligible for the coverage.37 The veteran must apply for the insurance within two years from the date that he or she is notified that service-connection has been established.
S-DVI policyholders are eligible for supplemental coverage if
A veteran applies for basic S-DVI coverage using VA Form 29-4364, Application for Service-Disabled Veterans Insurance. To receive a total disability waiver of S-DVI premiums, a veteran must fill out VA Form 29-357, Claim for Disability Insurance Benefit (Government Life). Submission of all forms can be done at the local VA regional office or online at the VA website.38
|
Benefit |
Number of Beneficiaries |
Outlays (Spending) |
||||
|
Disability Compensation (for veterans) |
|
|
||||
|
Vocational Rehabilitation and Education (for veterans, spouses, and certain dependents)a |
|
|
||||
|
Adaptive Automobile and Equipment Grants (for disabled veterans and servicemembers) |
|
|
||||
|
Clothing Allowances (for veterans) |
|
|
||||
|
Specially Adapted Housing Grant (for veterans and disabled servicemembers) |
|
|
||||
|
Service Disabled Veterans' Insurance(for veterans)b |
|
|
Source: Table provided by the CRS compilation of data from the Department of Veteran Affairs (VA), FY2013 Budget Submission, Benefits and Burial Programs and Departmental Administration, Volume 3 of 4, Table, pp. 2A-2 to 2A-3, 2B-2 to 2B-3, and 2G-11 to 2G-12.
a. This does not include those receiving VR&E counseling services.
b. Outlays for Service-Disabled Veterans' Insurance are gross outlays, and number of beneficiaries is number of insured persons.
Author Contact Information
Acknowledgments
This report was originally written by St. Jalisa E. Miller, an intern with the Congressional Research Service, Domestic Social Policy Division. Previous versions were updated by [author name scrubbed]. All questions should be directed to the current authors.
| 1. |
38 U.S.C. §1131. |
| 2. |
For more information on the VA's disability rating schedule, see CRS Report RL33991, Disability Evaluation of Military Servicemembers, by [author name scrubbed] and [author name scrubbed]. |
| 3. |
This includes children between the ages of 18 and 23 attending college. |
| 4. |
For more information on the legislative history of the disability compensation program, see VA Disability Compensation Program Legislative History December 2004 Report, by VA Office of Policy, Planning, and Preparedness, pp. 33-39, available at http://www.va.gov/op3/docs/ProgramEvaluations/DisCompProgram/Disability_Comp_Legislative_Histor_lit_Review.pdf. (Hereinafter referred to as VA Disability Compensation Program Legislative History December 2004 Report). |
| 5. |
38 U.S.C. §1110. |
| 6. |
For a more detailed description of eligibility and the claims process, see CRS Report R42324, Who Is a "Veteran"?—Basic Eligibility for Veterans' Benefits, by [author name scrubbed]. |
| 7. |
For more information on VR&E, see CRS Report RL34627, Veterans' Benefits: The Vocational Rehabilitation and Employment Program, by [author name scrubbed]. |
| 8. |
The Vocational Rehabilitation Act (P.L. 65-178). |
| 9. |
38 U.S.C. §3102. |
| 10. |
38 U.S.C. §3902. |
| 11. |
38 U.S.C. §3901. |
| 12. |
38 U.S.C. §1162. |
| 13. |
To download this form, go to http://www.va.gov/vaforms/medical/pdf/10-8678-fill%204-08.pdf. |
| 14. |
For more information regarding this benefit, contact the nearest VA Regional Office. |
| 15. |
38 U.S.C. §2102(d). The level was increased from $60,000 as part of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 (P.L. 112-154). |
| 16. |
The cost-of-construction index is to reflect the average change in construction costs from year-to-year. The VA chose an existing index, the Turner Building Cost Index. See U.S. Department of Veterans Affairs, "Loan Guaranty: Assistance to Eligible Individuals in Acquiring Specially Adapted Housing; Cost-of-Construction Index," 74 Federal Register 48658, September 24, 2009. |
| 17. |
See VA website, "Annual Increase in Construction Cost Index and Specially Adapted Housing Grants," http://www.benefits.va.gov/homeloans/documents/circulars/26_12_8.pdf. |
| 18. |
38 U.S.C. §2102(d). |
| 19. |
38 U.S.C. §2101(a). |
| 20. |
The form is available at http://www.vba.va.gov/pubs/forms/VBA-26-4555-ARE.pdf. |
| 21. |
38 U.S.C. §2102(d). |
| 22. |
See VA website, "Annual Increase in Construction Cost Index and Specially Adapted Housing Grants," http://www.benefits.va.gov/homeloans/documents/circulars/26_12_8.pdf. |
| 23. |
38 U.S.C. §2101(b). |
| 24. |
38 U.S.C. §1717(a). |
| 25. |
Ibid. |
| 26. |
The form is available at http://www.prosthetics.va.gov/docs/vha-10-0103-fill.pdf. For more information about HISA, see http://www.prosthetics.va.gov/HISA2.asp. |
| 27. |
38 U.S.C. §2101A. |
| 28. |
This was accomplished by replacing the word "veteran" with "individual" in 38 U.S.C. §2102A. |
| 29. |
38 U.S.C. §§2101(a)(2) and (b)(2). |
| 30. |
38 U.S.C. §2102A(e). |
| 31. |
38 U.S.C. §2102(d). |
| 32. |
38 U.S.C. §1922. |
| 33. |
For more information on S-DVI, see CRS Report R41435, Veterans' Benefits: Current Life Insurance Programs, by [author name scrubbed]. |
| 34. |
Ibid. |
| 35. |
For a definition of the preferred class of veteran's relatives, see VA Life Insurance Programs for Veterans and Servicemembers Handbook, Philadelphia, PA, January 2011, p. 76. |
| 36. |
38 U.S.C. §1922. |
| 37. |
A veteran can have a service-connected disability with a rating of 0%. |
| 38. |
For more information on the veteran's insurance application process, see http://www.insurance.va.gov/gli/buying/SDVI.htm. |