FAQ - The ALS Association

On September 23, 2008, the Department of Veterans Affairs published new regulations – effective immediately - establishing ALS as a service connected disease. In light of this exciting news and the recognition that people will have many questions about what this new policy does and does not cover, The Advocacy Department and Patient Services Departments of The ALS Association have developed the following list of Frequently Asked Questions and answers. We hope this information is helpful.

We encourage veterans with ALS to contact their local ALS Association Chapter as well as the veteran’s service organization (VSO) of their choice (e.g., Paralyzed Veterans of America, American Legion, Disabled American Veterans) when applying for VA benefits. These organizations can provide guidance and assistance to veterans as they proceed through the application process.

If you have questions not answered below, please contact The ALS Association at alsinfo@alsa-national.org or 1-800-782-4747. This document will be continually updated and will be available via The Association’s website at www.alsa.org.

For your convenience, below is a list of the Frequently Asked Questions found in the document.

It depends on your specific situation but, in general, military veterans diagnosed with ALS who have served at least 90 continuous days on active duty will be considered service connected for ALS. This is the case regardless of when or where a veteran served in the military and regardless of the length of time between discharge from the military and a diagnosis of ALS.

As a quick summary, service connection allows a veteran to receive compensation based on the percentage of disability, grants for housing and/or vehicle modifications and much more. A veteran’s spouse and dependents also may be eligible for benefits.

Service connection also qualifies a veteran for enrollment in the VA health care system, which provides coverage for medications, equipment and other health services. Medications such as Rilutek and equipment such as power wheelchairs that are directly related to a service connected condition like ALS are covered in full.

There are two basic types of benefits for which you can apply. One is service connected benefits such as compensation and grants and the other is enrollment in the VA health care system. You will need to complete and submit separate application forms for service connected benefits and health benefits.

We strongly recommend that you submit forms through your selected veterans’ service organization.

3. What is the disability compensation rate for a veteran who is service connected for ALS?

It depends on your degree of disability (eg, 30 percent disabled) and other factors such as a spouse or number of dependents. Specific information is below and available from the VA

Disability Rating Monthly Rate
10 percent………….. $117
20 percent…………...$230
30 percent…………...$356
40 percent…………...$512
50 percent…………...$728
60 percent…………...$921
70 percent…………...$1,161
80 percent…………...$1,349
90 percent………….. $1,517
100 percent………….$2,527

Note that veterans with ALS also may qualify for additional compensation, potentially more than $8,000 per month, depending on a number of other factors including those listed below.

4. My spouse/parent/family member was a veteran and they passed away (either recently or some time ago) from ALS before this new policy was implemented. Am I eligible for survivors’ benefits under the new policy?

Under the new regulations, survivors are eligible for benefits. There are certain general requirements that must be met and benefits will not be retroactive, but could begin as of September 23, 2008. These benefits can include a monthly compensation, education benefits for spouse and/or children, home loan guaranty, medical insurance and burial benefits just to name a few. Additional information is available on the Survivors Benefits Homepage: http://www.vba.va.gov/Survivors/. We recommend you work with your local veteran service organization to determine whether you may qualify for survivors’ benefits.

Yes, when you enroll in the VA health system. Any veteran enrolled in the VA health care system is able to obtain medications on the VA formulary for $8/month. Since, medications required for service connected diseases/conditions are provided for free, full coverage for Rilutek is provided for those service connected for ALS.

6. Who determines my degree of disability and what does a minimum rating of 30 percent disability mean?

Percentage of disability is determined by raters at the regional VA office. This is done by reviewing medical records and comparing against established guidelines (38 CFR Part 4). Each case may be different and an exam by a VA neurologist may be required. However, ALS carries a minimum rating of 30 percent meaning that the lowest percentage given for a veteran with ALS is 30 percent disability. This percentage is then used to calculate monthly compensation payments and the priority group for enrollment in the VA health care system.

It is important to note that 30 percent is simply the starting point. The percentage of disability is dependent on your condition per the ratings schedule. This can go to 100 percent and beyond with Special Monthly Compensation (SMC).

7. I am a veteran with ALS who was denied services in the past. Should I reapply at this time?

Yes. We recommend that you contact your local ALS Association Chapter as well as the veterans’ service organization of your choice (eg, Paralyzed Veterans of America, American Legion, Disabled American Veterans). These organizations can provide guidance and assistance to determine whether you can reopen your claim. Current VA policy generally permits claims to be reopened if new evidence exists.

8. Is VA disability compensation considered taxable income?

No. Disability compensation for veterans is not subject to federal or state income tax.

9. I am a veteran with ALS who was in the reserves and did not serve on active duty. Am I eligible for benefits under the new VA policy?

Most likely no. The new policy requires that a veteran must have served at least 90 continuous days on active duty.

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10. How long will it take to approve my claim?

The length of time it takes VA to process and approve your claim can vary (approx. three months) and will depend on a number of factors, including whether you have fully completed the appropriate forms. The ALS Association strongly encourages veterans and survivors to submit claims with the assistance of a veteran service officer from the Paralyzed Veterans of America, American Legion or other service organization, who can help ensure your claim is complete. In addition, while it is vital that you submit complete information, do not delay submitting your claim because benefits (no matter how long it takes for them to be approved) are retroactive. Benefits resulting from claims that are submitted prior to September 23, 2009 may be retroactive to September 23, 2008. Benefits resulting from claims submitted after September 23, 2009 will be retroactive to the date your claim was filed.

Finally, be sure to request that your claim be expedited as the VA can expedite claims for life-threatening and fatal conditions.

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11. The VA denied my request for benefits prior to my diagnosis with ALS. Now my diagnosis of ALS has been confirmed. Should I reapply?

12. What is the impact for veterans with ALS who have below a 30 percent disability rating?

Any veteran currently service connected for ALS will not have a rating of less than 30 percent. However, when a veteran has more than one service connected disability, the percentages are not simply added together to produce a new rating. Instead, a formula described in federal regulations calculates the overall rating. For more information see the Combined Ratings Table in the Code of Federal Regulations.

13. I received a letter/phone call some time ago stating that the VA was waiting guidance to decide on my claim/appeal for benefits. Do I continue to wait or do I have to re-file the paperwork?

Contact your local ALS Association Chapter and the veteran service organization of your choice (Paralyzed Veterans of America, American Legion, Disabled American Veterans) to discuss your options. If a claim is awarded on appeal, benefits may be retroactive to the date of the initial submission.

14. Will I be eligible to receive financial help for the purchase of a van with a wheelchair ramp?

Yes. The VA will grant up to $11,000 for the purchase of an accessible vehicle. There are prerequisites that must be met. Prior to purchasing a handicap accessible vehicle, contact your local ALS Association Chapter and the veteran service organization of your choice (Paralyzed Veterans of America, American Legion, Disabled American Veterans) to discuss your options.

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15. I have been diagnosed as having Primary Lateral Sclerosis (PLS). Will I automatically qualify for VA benefits under the new policy for ALS?

No. The presumption was established for ALS only and does not apply to a diagnosis of PLS. However any disease or condition can be rated as service connected if it is shown to be caused or aggravated by military service. You still may apply for benefits, but PLS is not presumed to be service connected.

16. Is it true that once service connected that my spouse/children are eligible for education benefits?

Possibly, yes. Survivors’ and Dependents’ Educational Assistance Program (DEA) provides education and training opportunities to eligible dependents of veterans who are permanently and totally disabled due to a service-related condition, or who died while on active duty or as a result of a service related condition. The program offers up to 45 months of education benefits. These benefits may be used for degree and certificate programs, apprenticeship, and on-the-job training. If you are a spouse, you may take a correspondence course. Remedial, deficiency, and refresher courses may be approved under certain circumstances.

Yes. Vocational Rehabilitation is a program whose primary function is to help veterans with service-connected disabilities become suitably employed, maintain employment, or achieve independence in daily living.

The program offers a number of services to help each eligible disabled veteran reach his or her rehabilitation goal. These services include vocational and personal counseling, education and training, financial aid, job assistance, and, if needed, medical and dental treatment. Services generally last up to 48 months, but they can be extended in certain instances.

18. Are their income limits for eligibility? I am still working. Will this cause any issues with obtaining VA benefits?

No. Service connected benefits do not have any income thresholds. The only thing currently having a job would effect would be a claim for total disability due to individual unemployability (TDIU).

19. This appears to be an “Interim” Regulation. Does that mean the regulation has not taken effect yet?

No. The regulation took effect on September 23, 2008, the day it was published in the Federal Register. Generally, new regulations are published as “proposed rules,” which allow for public comment prior to becoming final. However, the VA issued an Interim Final Rule in order to immediately implement the new policy.

This document will be continually updated. If you have questions not covered by this document, please contact The ALS Association at alsinfo@alsa-national.org or 1-800-782-4747.

20. How do I obtain a copy of my military record (DD 214) or other service record?

The Department of Veterans Affairs does not maintain records of veterans’ military service, except as necessary for providing benefits from the VA.

To obtain or amend a copy of your military service record and/or your Official Military Personnel File (DD-214, OMPFs), please visit the website for the Military Personnel Records Center (MPRC) in St. Louis, which is part of the National Archives and Records Administration (NARA). If you have been discharged from military service, your personnel files are stored at NARA, the official repository for records of military personnel who have been discharged from the U.S. Air Force, Army, Marine Corps, Navy and Coast Guard.

To get to the NARA Web site, you will need to leave the VA website and go to http://www.archives.gov/veterans/military-service-records/.

This site gives instructions to submit a SF 180 - Request Pertaining to Military Records. It also has links for:

NARA has an online document request service called eVetRecs which allows you to Request Copies of Military Personnel Records online. This system provides a customized order form to request information from your or your relative's, military personnel records.

To utilize this system, you will need to leave the VA website and go to: http://www.archives.gov/veterans/evetrecs/index.html

Questions about your military records may also be sent to:
National Personnel Records Center
Military Personnel Records Center
9700 Page Boulevard
St. Louis, MO 63132-5100

21. My spouse/parent/family member is a veteran with ALS. Are there health benefits for me under the new policy?

Yes, as long as the veteran meets certain requirements. The Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) is a comprehensive health care program in which the VA shares the cost of covered health care services and supplies with eligible beneficiaries.

To be eligible for CHAMPVA, you cannot be eligible for TRICARE/CHAMPUS and you must be in one of these categories:

In general the VA’s CHAMPVA program covers most health care services and supplies that are medically and psychologically necessary. Upon confirmation of eligibility, you will receive program material that specifically addresses covered and noncovered services and supplies in the form of a CHAMPVA handbook.

Veterans with spouses and dependent children also are entitled to additional compensation allowances. Depending upon the disability rating of the veteran, monthly allowances for a spouse range from $42 to $142 and for a dependent child, $28 to $96. Additional amounts are provided for each additional child and there is a higher scale for children in school after age 18. In addition, spouses and dependents may be eligible for educational assistance and training. Parents of a deceased veteran also may be eligible for monthly compensation based on need.

22. Does the new VA policy cover assisted living or in home nursing care?

VA's nursing home programs include Community Living Centers, contract community nursing homes and state homes. More than 90 percent of VA's medical centers provide home- and community-based outpatient long-term care programs. A patient-focused approach supports the wishes of most patients to live at home in their own communities for as long as possible. Many veterans will receive inpatient long-term care through programs of VA or state homes.

For extended care services, veterans may be subject to a copay determined by information supplied by completing a VA Form 10-10EC, Application For Extended Care Services. VA social workers are available to assist veterans in interpreting their eligibility and copay requirements if indicated. The copay amount is based on each veteran’s financial situation and is determined upon application for extended care services and will range from $0 to $97 a day.

23. I have heard that the VA will help buy homes will they buy or help us sell mine?

No. The VA does not buy or assist in selling homes. They will provide grants to assist in purchasing or remodeling homes so that they are accessible for a disabled veteran if the veteran meets the requirements. Additional information is available here: http://www.capwiz.com/alsa/attachments/Home_Modification_Grants.pdf

24. I live out of the country and there are not any ALS Association offices here. I also can no longer speak, how do I go about obtaining benefits?

Virtually all monetary benefits (compensation, pension, educational assistance, etc.) are payable regardless of place of residence or nationality. For additional information, including VA contacts for veterans living abroad, please visit the VA’s website at http://www.vba.va.gov/bln/21/Foreign/index.htm. You also can apply for benefits online via the VA website here:

25. I am a disabled veteran with ALS and have applied for service connected benefits from the VA; can I also apply to the SSA for additional benefits?

Veterans disabled with ALS are eligible to receive both VA disability benefits as well as Social Security Disability benefits. The application processes for the programs are different as are the eligibility requirements. For example, in addition to being disabled, a person must also meet certain work requirements and must have paid Social Security taxes in order to qualify for Social Security. Nevertheless, veterans are eligible to receive benefits through both programs and Social Security has a number of special rules that expedite claims for people disabled with ALS. Additional information about applying for Social Security Disability Insurance is available online at www.ssa.gov.

26. What paperwork do I need to have when applying for VA benefits, i.e. such as discharge and/or service papers?

In addition to the completed application forms, the VA may need a copy of your discharge or separation papers, military medical records, and current medical evidence to support your claim.

27. If my spouse was a veteran and has since passed from ALS do I need a death certificate or other paperwork when applying to the VA for benefits?

It depends on what VA benefits you are applying for (eg, if you are applying for VA claim for life insurance, a death certificate is necessary). Please review the survivors benefits website for additional details www.vba.va.gov/bln/dependents/index.htm.

The disability compensation rate for a veteran who is service connected for ALS depends on your degree of disability (eg, 30 percent disabled), the severity of disability (eg, loss of use of extremities, homebound etc.) and other factors such as a spouse or number of dependents. For additional information about the disability compensation rate for a veteran who is service connected for ALS, please view question #3 in the FAQ document.

One of the factors impacting whether a veteran receives $2,000 per month or $7,000 is his or her eligibility for Special Monthly Compensation (SMC). Various special monthly compensation rates apply when a veteran experiences complete loss or loss of use of one or more limbs; the loss of one or more of the senses of sight, hearing or speech; loss of a reproductive organ or its use, or the loss of breast tissue by a female veteran. The VA will pay higher rates for combinations of these disabilities, or if a veteran is service connected for paraplegia, if you have other service-connected disabilities that, in combination with the above special monthly compensation, meet certain criteria, If a veteran is service connected at the 100% rate and is housebound, bedridden, and needs the aid and attendance of another person, then consideration of payment of additional SMC can be considered.

Veterans should work with their local ALS Association Chapter and a service officer from the Paralyzed Veterans of America, American Legion or other service organization to help ensure they receive the highest level of benefits possible.

29. Would a dishonorable discharge make one ineligible for the VA service related benefit?

Eligibility for most VA benefits is based upon discharge from active military service under other than dishonorable conditions. Dishonorable and bad conduct discharges issued by general courts-martial may bar VA benefits. Veterans in prison and parolees must contact a VA regional office to determine eligibility. VA benefits will not be provided to any veteran or dependent wanted for an outstanding felony warrant.

This document will be continually updated. If you have questions not covered by this document, please contact The ALS Association at alsinfo@alsa-national.org or 1-800-782-4747.

FAQ’s: New Veterans Administration Policy for ALS