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FAQ - VA 21-0788

What is the purpose of VA 21-0788?
This regulation clarifies that a VA employee or contractor, or a member of VA or the U.S. Military, does not have an affirmative duty to use reasonable care to avoid injury or illness, and that an employee does not have an affirmative duty to provide care or treatment at a place of employment or a location other than at work to a person with a disability. VA 21-0788 clarifies that these obligations, once breached, are for specific purposes and not general duties to be performed as a condition of employment. What does this change mean for me? This regulation applies only to the Department of Veterans Affairs and the U.S. Military, and expressly excludes the Department of Defense (e.g., military hospitals) and entities providing VA services (e.g., hospitals that provide nursing care). VA 21-0788 does not change existing law. It does, however, provide clarity to those with disabilities and new employees of the VA and military. The regulation says that an individual with a disability and his or her family may sue for damages and costs, as well as for intentional, willful and wanton wrongdoing or fraud (see also §164.512(h)). In addition, it provides for the imposition of civil monetary penalties and/or restitution to any individual harmed by an employer (see also §164.512(k), (l), (m) and (n)). The employer is also prohibited from retaliating against the employee for reporting or complaining of a violation for which damages have arisen. These provisions are also discussed in the new section: Employee Benefits and Leave (29 CFR Part 164). What if I cannot comply with the requirements of this regulation? An employee may voluntarily choose not to access VA services unless otherwise required by law or by the individual with a disability. No action must be taken to protect the confidentiality and privacy of any information the employee voluntarily provides. If this is not possible, the employer must take steps to ensure that the employee does not have access to federal benefits. If I have questions about this regulation and how it must be applied, please consult with an attorney prior to action.
Who should complete VA 21-0788?
Any veteran with a service-connected disability rating of at least 30 percent or for a period in excess of two years. Does the law require the Department of Veteran Affairs to provide services to veterans with a service-connected disability under VA 21-0788? Under VA 21-0788, the Department of Veterans Affairs (VA) is required to provide mental health assessment, evaluation, psychiatric care, counseling, and treatment to veterans who meet eligibility standards. Under existing Section 38 of the VOW, VA is required to provide psychiatric treatment, psychiatric rehabilitation treatment, counseling, and other appropriate mental health treatment to veterans, including those who have a service-connected disability rating of at least 30 percent. Which veterans qualify under VA 21-0788? An individual who meets the eligibility standards for a service-connected disability rating, regardless of whether he or she has a service-connected disability. Does your organization provide treatment to veterans under VA 21-0788? No. You do not fulfill VA 21-0788's eligibility requirements even if you are eligible by virtue of other laws or statutes. What services must be provided under VA 21-0788? Mental health services, including psychotherapy, may be provided through VA 21-0788 to veterans who meet the eligibility standards for a physical or mental disability rating of at least 30 percent. Cognitive behavioral therapy, including cognitive restructuring therapy and dialectical behavior therapy, may be indicated to treat symptoms of depression and other mental health conditions. A mental health treatment plan designed to maximize the patient's functional and well-being may also be appropriate. Psychiatric rehabilitation services may be provided to help veterans cope with stress that may be associated with their disability. A clinical plan may also be needed to assess a veteran's readiness to function in the workforce and to meet other work or school obligations. VA 21-0788 is designed so that any veterans eligible by virtue of some law or statute may be required to participate in such a plan. When can VA 21-0788 be used to treat a veteran? VA 21-0788 may be used to meet eligibility criteria for veterans who are receiving VA health care benefits and who have a service-connected disability rating of at least 30 percent or for at least two (2) years, whichever is the lesser period.
When do I need to complete VA 21-0788?
A person may apply for a waiver of these requirements with the waiver application package (available at our website) for each month that they participate in the VA 21 program. You cannot submit a waiver application Package for any month in which you miss appointments that were not scheduled at least 15 calendar days to attend a minimum of one hour of the VA 21 program's session.
Can I create my own VA 21-0788?
Yes, although I am not sure that any of the ones that are available for the VA21-0788 do it justice. I am currently making an 11th-21st century version, but haven't had time (yet) to try it out on the 21-0788 — I'll let you know how it goes. If you have a VA 21-0788 with a vintage circuit such as the original VCR, or an old television that uses a 12V AC system (with a relay to prevent shorts, possibly), or a computer that has a circuit such as the original IBM-PC (or equivalent) that makes use of an oscillator, you should be able to construct a 21-0788/VA21-0788. There are two approaches to do this. One would be to just run some circuit components on AC power and hook the appropriate switches up to those voltages. This is probably the most common approach, since all the other components for this project are fairly common items. The other is to use an external oscillator (i.e., a 12-bit PIC microcontroller or an 8-bit Motorola 68000 microcontroller) to generate the required signals. It is possible to go this route, but the first step in doing so is to obtain the right components (that is, PIC microcontrollers and the appropriate circuit). I personally think that this is a waste of time. I think that most people would be better employed using a little of trial and error and building your circuit on your own. If you do go this route, I would recommend getting a very high quality high-voltage supply that can supply the same 12V power as a computer's power supply. This gives you the ability to easily build a higher-power version (I suggest 30-50 watts, but this may vary based on the type of oscillator that you use). You are also better served by purchasing a transformer for the VCR circuit power. Most of the time, the transformer is not necessary — a simple 1/4W (1/2A × 1/2W) AC transformer will do nicely. A small transformer is more than adequate for powering a 24V AC oscillator used to generate the 11th-21st-century “vintage TV” VA 21-0788. In our case, I used a 20-20-20 power transformer for the VA21-0788.
What should I do with VA 21-0788 when it’s complete?
After you receive your service records and pay fees, follow the instructions in chapter 22 — How to Retrieve WAS Code VA 21-0788. The following list of items to be included in a VA 21-0788 includes only items the Secretary requests the National Guard Service Credit Center to add as a service credit to credit accounts in the military, National Guard or veteran's benefit accounts. Additional Items to be Included in a VA 21-0788 All the following items must be included in any of your records you submit to the Secretary: Your VA 21-0788 Pay and account numbers for any services used to obtain VA 21-0788 A copy of the form that you used to obtain the VA 21-0788 from the Social Security Administration (SSA) Your request for VA 21-0788 A copy of the form that the Secretary requested from SSA Your Social Security record (SSN) number If you are the person who received the benefits or were covered by Social Security, you will need to provide your Social Security number within 48 hours of your request. See the Social Security Administration's (SSA) website on completing a request for an SSN verification for more information. All the items listed above (and more) must be listed in a specific combination for your records to be included in VA 21-0788.
How do I get my VA 21-0788?
Visit your local VA health care center to order in your 21-0788. What do I do with the 21-0788 now? You'll need the 21-0788 to register your VA health plan. You can also use the 21-0788 to register your child's VA or private plans. Keep the 21-0788 in case you need to order more VA health insurance. If I have questions, where can I go? Call VA at 1-877-222-VETS (8387). Call the VA toll-free. You may also ask the call center at. Do you have to call these numbers? Yes. You'll need to call these numbers to make sure your VA health care plan should be able to sign you up. They will ask your insurance plan to confirm that an eligible VA health plan has sent you an enrollment confirmation letter. These numbers and their respective toll-free numbers have been established to facilitate VA health care enrollment and enrollment in other government programs. How is a VA enrollment confirmed? In order to verify your eligibility and continue the process, VA health care centers will need your enrollment confirmation, including name, date of birth, mailing address, telephone number, address of health practitioner, health plan number, and health plan benefits/perks. When is a VA enrollment confirmation sent to VA? It could take a bit of time depending on the number of VA health care centers the center you want to visit has. When it's sent, it will include an updated information on your eligibility that will be used to determine if it is allowed time to accept your information. What benefits are you offering? If your VA health plan offers any healthcare benefits, you'll find it listed on the back of the enrollment confirmation letter it sent you. Some eligible plans may also have additional details about benefits, such as a list of drugs covered and a list of other benefits that may be offered. What health plans is VA making available? VA is also offering services through a federal program called Choice, which provides healthcare benefits to veterans and their families. Choice provides a broad range of health services from dental care to mental health services, among others. The new VA health care system will offer medical and healthcare coverage to a much wider variety of veterans and their families.
What documents do I need to attach to my VA 21-0788?
An application form and letter indicating you wish to apply for VA benefits or an official copy of your DD-214. What documentation do I need to attach to my DD-214? The name, address, and date of discharge or separation from the Army or Air Force and the date of receipt of the discharge or separation papers. If you were discharged for medical reasons, the reason should be listed on the DD-214. What documents do I need to attach to my DD-214 to prove I am eligible for VA benefits? The name, address, date of discharge or separation from the Army or Air Force and the date of receipt of the discharge or separation papers. You do not need to submit the DD-214 to verify eligibility for: Veterans' housing, tuition assistance, VA medical care, or the Post 5 Vocational Rehabilitation Program. How do I make changes to my DD-214? You must submit a request form to the Division of Military Records, Department of Defense. What documents do I need to submit to the VA to apply for VA benefits? The application form and letter stating you wish to apply for VA benefits or an official copy of your DD-214. If you were discharged without a DD-214, the name, address, date of discharge or separation, and reason for discharge must be on the DD-214. Contact () for instructions on how to submit a request form. Which Veterans should use the Veterans Health Administration (VIA) Health Services Program? Veterans seeking services through the VIA Health Services Program must pay a percentage (fraction of the full cost) of the charge based on their income; however, these charges are reduced by a percentage of the amount paid for medical services as determined by the VA based on that person's ability to pay. The reduced charge is the greater of the two amounts for each service member. Veterans receive all services for free upon enrollment unless they are deemed eligible for other VA health care services. Veterans cannot be denied the same service based on his or her ability to pay or a lack of health insurance while seeking such services. How can I find out if I am eligible for VIA Health Services? The VIA Health Services Program is available through various VA health care offices. You should call for more information before visiting the health care office.
What are the different types of VA 21-0788?
VA 21-0788 is the only type of VIA uniform issued to Veterans. It is designed to help a veteran recognize the differences between male and female uniforms. A veteran must wear the uniform correctly to be considered mentally well. How do you know if a veteran is mentally ill? VA 21-0788 outlines the symptoms a veteran must exhibit if the veteran believes they are in conflict with how their gender identity identifies them. To be considered mentally fit, a veteran must exhibit the following symptoms: • A desire of wearing the assigned male or female uniform • Confusion as to their gender identity • A fear or hesitation to use male or female pronoun(s) and/or names • Unwillingness or inability to communicate with others • An extreme desire not to appear female • A desire to be viewed as the opposite gender or a transsexual • A desire of wearing the assigned female uniform To be considered mentally unfit, a veteran must exhibit the following symptoms: • An exaggerated perception of sexual attraction to oneself or one's self-designated partner in contrast to a desire for heterosexual sex • A fear or apprehension of being perceived as homosexual or transgender • Unwillingness or inability to accept the fact that their assigned sex in life does not match their gender identity • Anxiety about appearing too female • Unwillingness or inability to communicate with people of the opposite sex • A desire of wearing the assigned female or male uniform • A conviction of sexual orientation When should a veteran apply for a VA 21-0788? VA 21-0788 is for veterans diagnosed with gender dysphoria. Veterans with gender dysphoria are experiencing gender dysphoria at the time of their appointment with VA and may suffer from anxiety and depression, which can cause symptoms of PTSD and mental health treatment issues. Veterans are not required to provide additional information regarding their gender dysphoria during the appointment. However, it is strongly encouraged that the veteran provide the VA with a list of all medical practitioners who have treated or seen them so that a referral can be made for further diagnosis and treatment. What are the different types of gender dysphoria? The symptoms of mental health treatment may differ dramatically depending on the severity and type of gender dysphoria experienced at the time of treatment.
How many people fill out VA 21-0788 each year?
The number of veterans applying for the GI Bill for the current academic year can be found here. Why does the VA pay for the tuition and cost of a university degree? The GI Bill pays tuition (and fees) at all post-secondary institutions, whether they're publicly or privately owned. The law specifically allows the VA to pay for undergraduate and graduate university courses. How many veterans have earned degrees from post-secondary institutions through the GI Bill? Through the GI Bill, approximately 15,000 soldiers have earned degrees in their careers. In addition, over 400 schools have made a commitment through the GI Bill to allow veterans to earn more credits toward their degrees. This number is derived from data reported to the Department of Education from institutions that provide federal funding. It includes the undergraduate, graduate, and post-graduate schools that receive GI Bill benefits. (An institution is not identified for every student who receives an award) How do you calculate tuition fees? The GI Bill allows the recipient to use a combination of Well grants and loans to pay their tuition. Based on federal Well Grant amount rules, veterans eligible for the GI Bill can borrow no more than 7.5 percent of their GI Bill Awarded amount, plus any remaining balance after the maximum permitted credit. If a veteran has Well Grant award from an eligible school (50,000 or less), and borrows no more than the maximum Well Grant amount, then the GI Bill can't pay any tuition for that student. If the borrower borrows more than the Well Grant amount, the Department of Education adjusts the federal interest rate. The formula for adjusting the student loan rate is a percentage of the maximum Well Grant amount for the eligible student. If the Well Grant amount is less than the maximum Well Grant amount, the student loan will have a 7.5 percent fixed interest rate. If the Well Grant amount is more than the maximum Well Grant amount, the student loan will have a 17.5 percent fixed interest rate. Because the minimum Well Grant award is 5,825 for veterans' first six years of post-secondary education, a borrower must have already received a GI Bill Awarded amount of the maximum Well Grant amount of 5,825 for those six years to be eligible to borrow any additional Well Grant amount under this program once.
Is there a due date for VA 21-0788?
There will be a VA 21-0788 hearing before the Senate Veterans Affairs Committee on Tuesday, June 7, 2016. Please note that this hearing will not be open to the public. Please plan to attend the meeting to testify as an advocate. We will be asking the committee to support the reforms to the VA that the American Legion, Veterans of Foreign Wars and other groups have urged. What does the bill do? The Veterans Choice for Fragile Veterans Act of 2015 would allow veterans to seek the mental health and medical care they need in the private sector if a VA facility is unable to meet a veteran's medical or mental health needs. It also includes specific improvements to the VA's mental health care and primary care programs. The bill would give our nation's veterans more access to mental health services in the private sector. Will this bill help veterans get quality treatment? The VA currently is doing a much better job of meeting veterans' mental health needs. However, there is still much work to be done. With the increase in the number of veterans coming home from combat, we must do better in providing them the mental health care they need. Can I speak about this bill at any point during hearings? No, the time for comment is now. The hearing is closed to the public and anyone not represents the Veterans of Foreign Wars or the American Legion will not have an opportunity to speak. How do I contact my representative on Capitol Hill? (House staff only) To contact your lawmaker, please use the link below. For more information on how to contact your local representative, please click here. The office numbers below are for congressional offices only. Who does the bill affect? The American Legion is working with more than 30 congressional offices throughout the country to support VA 21-0788 and help advance veterans' access to quality mental and medical care. As a member of Congress you have an important role in defending America's heroes. Where do I get more information about the bill? There are many good resources available on the American Legion website at Who is behind VA 21-0788? VA 21-0788 is the most recent of a series of bills to reform and improve the VA. The first of several bills to address our nation's veterans' needs, this bill was approved by the House Health Subcommittee on Veterans Affairs and Labor.
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