Microsoft Word - Oklahoma 1-18-06.doc

OKLAHOMA GUIDEBOOK FOR INCARCERATED VETERANS
ACKNOWLEDGMENTS
TABLE OF CONTENTS
APPENDICES
FOREWORD
SECTION I
USING THE GUIDE AND SEEKING HELP
SECTION II
HELP FOR VETERANS
TOLL-FREE NUMBERS
WHERE TO START
1. Directory of Local Homeless Service Organizations
  1. Directory of Homeless & Housing Advocacy Coalitions.
  2. Volunteers of America of Oklahoma, Inc- Homeless Services, Tulsa
HOUSING
1. U.S. Department of Housing and Urban Development
2. Emergency and Transitional Housing
FINDING & KEEPING A JOB
VA HEALTH CARE
1. Special Health Information for Veterans:
SUBSTANCE ABUSE & MENTAL HEALTH TREATMENT
1. OKLAHOMA VET CENTERS OKLAHOMA CLINICS Oklahoma City
2. 3033 N. Walnut, 101W Oklahoma City, OK 73105 (405) 270-5184
3. Ardmore
4. 1015 S. Commerce Ardmore, OK 73401 (580) 223-2266
5. Tulsa, OK
6. 1408 S. Harvard Tulsa, OK 74112 (918) 748-5105
7. Clinton
8. ¼ mile South of I-40 on Highway 183 P.O Box 1209
9. Clinton, OK 73601 Lawton/Ft. Sill 73503 (580) 353-1131
10. McAlester
11. 903 E. Monroe St. McAlester, OK 74501 (918) 423-2880
12. Newkirk
13. 601A W. South St. Newkirk, OK 74647 (580) 362-2555
14. Seminole Co. Konawa, 527 W. Third St. Seminole Co., OK 74849 (580) 925-3286
15. Tulsa
16. 9322 E. 41
17. st St.
18. Tulsa, OK 74145 (918) 764-7243
FINANCIAL HELP
LEGAL HELP
WOMEN VETERANS
SECTION III
SEEKING FEDERAL BENEFITS
ELIGIBILITY FOR VA BENEFITS DURING INCARCERATION
BENEFITS PAYMENTS WHILE INCARCERATED
APPORTIONMENT
HELP SEEKING BENEFITS
CHECKLIST
1. Using This Guide
2. Just for Veterans
Department of Veterans Affairs
1. How Will Your Imprisonment Affect The Payment Of:
2. VA Disability Pension?
3. Are You Eligible For VA Medical Care While Imprisoned?
4. Will Your Benefits Be Automatically Resumed When You Get Out Of Prison?
5. For More Information Call Toll-Free 1-800-827-1000
6. Or Visit Our Web Site At http://www.va.gov
Resource Addresses/Sites

OKLAHOMA GUIDEBOOK FOR

INCARCERATED VETERANS

ACKNOWLEDGMENTS

Development of this guidebook represents a tremendous undertaking on behalf of

veterans who are incarcerated. It is always our goal to insure that we work diligently

to meet the needs of all veterans that face the possibility of homelessness. To that

end, we hope that this guide will be of some benefit to those in need of our

assistance. We can only imagine the amount of work that went into “Planning for

Your Release,” the first guide that was developed by the National Coalition for

Homeless Veterans (NCHV), to address the needs of veterans who are incarcerated.

This book served as the blueprint for the development of our State Guide. We are

hopeful that our veterans will find the guide to be both informative and useful in their

efforts to reintegrate back into mainstream society.

NCHV is to be congratulated for producing a comprehensive national resource guide

that other states could follow. We, likewise, express our appreciation to Arkansas

Supported Housing Network and Bowman Internet Systems, LLC, for the superb and

comprehensive nature of ARACCESS and the ease created by this network for

locating statewide homeless shelters and coalitions. We express our appreciation to

the State of Washington for developing the first state specific guide for veterans who

are incarcerated and sharing that guide with VA facilities in other states. Thanks to

Vietnam Veterans of America, Inc. for developing the first incarcerated veterans

guidebook, which has inspired and informed subsequent efforts. Finally, thanks to

any public domain and agency resources included in the guidebook.

Because of the preliminary efforts of these “bridge builders,” the development of our

Oklahoma Guidebook for Incarcerated Veterans was a great success.

Thank you,

Oklahoma Workgroup for

Veterans Who are Incarcerated

TABLE OF CONTENTS

SECTION I: USING THE GUIDE AND SEEKING HELP

1-2

SECTION II: HELP FOR VETERANS

3-13

Toll-Free Numbers

Where to Start

3-5

Housing

5-6

Finding & Keeping a Job

6-8

VA Health Care

8-10

Substance Abuse & Mental Health Treatment

10-11

Financial Help

Legal Help

Women Veterans

12-13

SECTION III: SEEKING FEDERAL BENEFITS

14-20

Eligibility for Benefits While Incarcerated

14-15

Benefits Payments while Incarcerated

Family Benefits - Apportionment

15-17

Help Seeking Benefits

17-20

APPENDICES

Checklist

Incarcerated Veterans Fact Sheet

B - C

Resource Addresses

Pre-release Worksheets

E – F - G

iii

FOREWORD

A report from the Department of Justice by C. J. Mumola (January 18, 2000)

on “Veterans in Prison or Jail,” found that while there was a 9% decrease in the

number of veterans in the U.S. between 1985 and 1998, there was a 46 percent

increase in the number of veterans who had been incarcerated. These veterans

were more likely to have been first time offenders who had been employed full-time,

prior to incarceration. However, their sentences were more than four years longer

than non-veterans and they reported a higher incidence of homelessness prior to

incarceration. This combination of first time offenders with longer sentences and pre-

existing social problems reflect a need for special services among veterans leaving

incarceration.

This guidebook is designed to help veterans identify options for addressing

those special needs and to ease the transition from state and federal prisons or local

jails for veterans who are incarcerated. It is meant to serve as a reference tool for

veterans who are interested in gaining access to services at the federal state or local

level. It identifies federal benefits for which you may be eligible and provides a

framework for filing claims for benefits or seeking reinstatement of benefits for which

you may have already been determined eligible. Finally, it provides addresses for

resources or links to web sites that might be beneficial and a checklist for use in

preparing for your release. It is our hope that this guidebook will support your re-

entry efforts, ease your quest for reunification with family and friends, identify

resources for medical, mental health or substance abuse treatment, and provide

guidance for obtaining disability payments, employment, training, or rehabilitation.

SECTION I

USING THE GUIDE AND SEEKING HELP

This booklet is for your use as a pre-release planning guide or a post-release

reference guide, for various resources. It includes addresses, phone numbers, and web

sites that you can use to find out about programs and other help available after your

release. You may want to ask a friend or family member to help you find the information

you need if you don't have access to a phone or the Internet. Keep in mind that this

guidebook only identifies resources that are available in this state, to support your

transition from incarceration. What is available in one area may be different from what

is available in another, so be sure to check with local providers to learn about services

in your area.

While you are in prison, find out which unit in your facility can help you plan for your

release. Classes may be offered so you can work on skills development and prepare

for life after release.

You don't want to risk homelessness once you are released,

so take advantage of the opportunities available to you.

Begin thinking about what specifically you will need upon release. Ask yourself these

kinds of questions: Will I need housing? Will I need medical, substance abuse, or

mental health care? Do I need to learn a job skill? Do I have legal issues, such as child

support? How do I restart my VA checks or Supplemental Security Income (SSI)?

Make a list of your needs. Remember that this is just a tool to help you get organized.

A sample list might look like this:

I need a place to live.

I need a job.

I need clothing to wear to work.

I need to find out what benefits I can get as a veteran.

I want to get addictions treatment.

I owe child support.

Think about your list as you read through this guide. Who do you think can help you

with each of your needs? Is there one organization that may be able to work with you,

on many different things, or do you need to contact several agencies? Keep track of the

steps you take, including the dates and names of people you contact for information or

assistance. Although this guide provides

national and state

addresses for many

organizations, we recommend you

check your phone book for local, county, and

state agencies that know what help is available in your area.

When writing a letter to request information,

be clear.

Keep your letter short, to the

point, and write legibly. Include the following information:

Your name and contact information.

A brief statement about your current situation.

Your specific request.

What you have done so far (Example: I have written to

organization and

they suggested I contact you)

Any restrictions for mailings (Example: Mail with staples or paper clips will not be

accepted by my prison facility)

When contacting an agency for help by mail, email or phone,

be persistent and polite

in order to get results. Ask questions if information is not clear to you. Remember that

many organizations are staffed by volunteers who are eager to help, but may not have

the answers you are looking for. If

someone cannot help you, ask about who can.

The Internet can also be helpful to find information about VA benefits and community

resources in your area. This guide includes web addresses, when available. If

computer access is not available at your facility, you can visit the public library after

release. Computer access may also be provided at Workforce Development locations,

and Employment Security Department offices (referred to as Job Service Centers or

Unemployment Offices).

SECTION II

HELP FOR VETERANS

This section includes resources that can help you get back on your feet. Remember to check

the phone book for local, county, and state agencies that know what services are available in

the area to assist you. Some organizations may have waiting lists, require an interview, or

have specific rules about whom they serve. It is best if you

start asking about services and

requirements now

, so that you will be prepared when you are released. You may even ask

if your name can be put on a waiting list when you get closer to your release date.

TOLL-FREE NUMBERS

Crisis and other toll-free numbers are often listed in the front cover or first few pages of the

phone book. You may also want to check under "Social Services" in the blue or yellow pages

for hotlines and local numbers.

US Department of Veterans Affairs

— www.va.gov

Benefits: 1-800-827-1000,

Medical Centers: 1-877-222-8387, or www.visn16.med.va.gov

Persian Gulf War Helpline: 1-800-749-8387

Focus On Recovery Helpline

- A 24-hour national alcohol and drug abuse addiction and

treatment hotline: 1-800-888-9383

National AIDS Hotline -

Talk to someone who knows about HIV / AIDS and can tell you

about AIDS services in your city or state: 1-800-822-7422

National Coalition for Homeless Veterans

— www.nchv.org, 1-800-838-4357

National Suicide Support Number -

1-888- 784-2433 (1-888-SUICIDE)

WHERE TO START

Check the local phone book yellow pages under "Homeless" or "Social Service

Organizations" for a list of many local organizations that offer different services, which may

include clothing, public transportation tokens, emergency shelter, and more. You may need

to contact several agencies to find all the services you need. Services provided by

government

agencies are listed in the blue pages found near the front of the phone book.

Check with your local Public Assistance Office to find out what programs are available and

what their guidelines are. We have included some guidance below, but your local

organizations are your best resources.

Remember, it never hurts to ask!

Every

VA Medical Center

has a

Health Care for Homeless Veterans (HCHV)

Coordinator

who is responsible for helping homeless veterans access VA and

community-based care to end homelessness among veterans. The HCHV program

provides outreach, clinical assessments and referrals for medical and mental health care,

long-term transitional residential assistance, and case management and employment

assistance with linkage to permanent housing. To locate you’re nearest HCHV

Coordinator call 1-877-222-8387 or go to www.va.gov/homeless/page.cfm?pg=21. For

Oklahoma City call (405) 270-0501 ext. 5759. For Muskogee/Tulsa call (918) 764-7215.

Oklahoma Department of Veterans Affairs (ODVA)

provides assistance with Veterans

benefits & entitlements information, VA claims process, representation and advocacy,

Trauma (PTSD) counseling, Veterans Homes for those in need of nursing care, and

employment assistance through federal funded reintegration projects. Call 1-888-655-

2838 or go to www.odva.state.ok.us.

National Coalition for the Homeless

has a directory of shelters and homeless

assistance programs online. This does not list every program in the country, so be sure to

check your phone book for local programs. The following are those listed for the State of

Oklahoma.

Directory of Local Homeless Service Organizations

Oklahoma City Homeless Alliance, Inc.

– 312 W. Commerce, Oklahoma City, OK

73109, (405) 632-2293, or go to www.okc homeless alliance

Oklahoma City Community Action Center

- Monday through Friday, 8am-5pm, 200 N.

Walker, 73102, (405) 297-2535

C. Carter Crane Shelter for the Homeless –

615 Summitt, Lawton, OK. (405) 357-

5259.

Transition House-

700 Asp, Ste. 2, Norman, OK. 73069, (405) 360-7926.

Day Center for the Homeless-

415 West Archer, Tulsa, OK 74103, (918) 583-5588.

Directory of Homeless & Housing Advocacy Coalitions

The following is a list of Homeless and Housing Advocacy Coalitions for the State of Oklahoma.

Not all of these coalitions provide direct services, but they may be able to tell you about local

programs or services.

State Coordinator for Homeless Education

2500 North Lincoln Boulevard, Suite 311

Oklahoma City, OK 73105-4599

Phone: (405) 522-3251

Volunteers of America of Oklahoma, Inc-

Homeless Services, Tulsa

State Headquarters- Tulsa

9605 E. 61

street

Tulsa, OK. Phone (918) 307-1500

Tulsa Community Service Council

Homeless Services Network

1604 S. Baltimore Ave.

Tulsa, OK 74119

(918) 585-5551

Oklahoma Homeless Network

e-mail: Kpalmer@voaok.org.

Salvation Army

- provides services, including shelter and transitional housing, for

homeless individuals and families. For local services and information contact: The

Salvation Army, 2041 NW 7

Street, Oklahoma City, OK 73106-2495, (405) 236-

3677. In Tulsa, contact (918) 582-7201, 102 North Denver, Tulsa, OK 74103.

United Way

- provides a variety of services through local organizations. Check the

phone book for a local post or locate local organizations online at

www.unitedway.org.

Local churches and faith-based organizations,

such as Catholic Charities,

Salvation Army, and Volunteers of America, may have a variety of programs to

assist you. Find these organizations by calling your county or city Department of

Social Services. Check the blue pages of the phone book for the number.

HOUSING

It is important to know that you have a place to go when released. The first step in

returning to the community is finding a place to stay. This section includes ways to

locate emergency shelter, transitional programs, and permanent housing assistance.

Transitional or temporary housing can serve as a step toward full independence upon

your release. However, there are often waiting lists for housing assistance programs,

so you should ask about applying as soon as possible. If you are released and find

yourself homeless, emergency assistance is available.

U.S. Department of Housing and Urban Development

•

Oklahoma State Office - 500 W. Main St. Suite 400, Oklahoma City, OK 73102-

2233, Phone (405) 553-7500.

•

Tulsa Area Office – 1516 S. Boston Ave., Tulsa, OK 74119-4030, phone (918)

581-7496.

Emergency and Transitional Housing

To find out if there are homeless veteran service providers in your area, call 1-800-

VET-HELP, write to NCHV,

333Y2

Pennsylvania Ave., 8E Washington, DC 20003-

1148, or go to www.nchv.org.

Central Oklahoma Community Action Agency of Cleveland County

– 1121 E.

Main Street, Norman, OK 73071-5331, Phone (405) 701-2120, www.cocaa.org.

Oklahoma City Department of Veterans Affairs Psychosocial Rehabilitation

Program-

1140 NW 32

Street, Oklahoma City, OK 73118, (405) 290-1708.

Look in the phone book

yellow pages

under "Social Service Organizations" for local

shelters or organizations that may be able to help.

Look in the phone book

blue pages

under local, city, or county government Department

of Social Services or "Human Services" or call the County Commissioner’s Office for

information about local low-income housing coalitions or homeless advocacy groups

who may know what is available.

To find a list of emergency shelters for men, women and families in every state,

check the

Department of Housing and Urban Development

online at

www.hud.gov/homeless/hmlsagen.cfm.

Long-term or Permanent Housing

Public housing waiting lists can be long, but the length of time can vary from place to

place. Even if you are not sure where you want to live yet, apply to get on the waiting

list so that you have as many options as possible. To learn how to apply, contact the

local housing authority listed in the phone book blue pages under "Local Government,

Public Housing Authority ".

Oklahoma City Housing Authority can be contacted at

(405) 239-7551 or www.ochanet.org

. Contact the Tulsa Housing Authority at (918)

582-0021 or www.tulsahousing.org. The Muskogee Housing Authority can be

reached at 918-687-6301.

FINDING & KEEPING A JOB

Finding a job may be hard and can seem overwhelming, but it is possible and very

important! When released you may find that you are completely starting over. You

should ask for job counseling and training while incarcerated so you are prepared to

work when released.

Don't wait

until you get out to start thinking about what you will

do.

Start planning now!

Local Veterans Employment Representatives

(LVER) and

Disabled Veterans

Outreach Program

(DVOP)

specialist

assigned by the

State Employment

Security Commission

to help veterans find and keep jobs. LVERs and DVOP

specialists are located at local Workforce sites, may operate within veteran –

centered activities such as the VA Medical Center and Vet Centers. DVOP

Specialists work under the supervision of the LVER to develop job and training

opportunities for veterans with service-connected disabilities, linking veterans with

employers and making sure follow-up services is provided. To find a LVER or

DVOP near you, visit your state employment service office listed in the phone book

blue pages under "State Government, Employment Security Department," or go to

http://www.workforceok.org/

The Veterans Service’s Division, Oklahoma Employment Security Commission,

provides employment and training services to homeless veterans to help them get

back into the workforce through DOL-VETS funded

Homeless Veterans'

Reintegration Projects (HVRP).

HVRP assists veterans with job search

preparation, vocational counseling, occupational skills training, on-the-job training,

trade skills certification and licensing, and job placement assistance and referral to

supportive services. To find out if you may be eligible and how to access HVRP

contact Veterans Services, OESC at (405) 557-7193. In Tulsa, call (918) 596-7200

and in Muskogee call (918) 682-3364.

The VA's

Vocational Rehabilitation and Employment

services help veterans with

service-connected disabilities by providing job training and counseling to those who

have an employment handicap. Services include help finding a job, on-the-job

training, job development, and vocational training. If you are not eligible for these

services, a VA counselor may help you find other options, goals, or programs.

Contact your VA Regional Office (VARO) at 1-800-827-1000, or go to

wwwvba.va.gov/bIn/vre/regional_offices.htm.

Through its’

Veterans Industries and Compensated Work Therapy programs

the VA offers structured work opportunities and supervised therapeutic housing for

at-risk and homeless veterans with physical, mental health and addictions

problems. VA contracts with private industry and the public sector for work by these

veterans, who learn job skills, re-learn successful work habits, and regain a sense of

self-esteem. Veterans are paid for their work and given assistance with employment

in the community. In Oklahoma, the VA currently has a Veterans Industries

Programs located at the Department of Veterans Affairs Medical Center in

Oklahoma City. For further information go to www1.va.gov/vetind

The State of Oklahoma has a

Vocational Rehabilitation

program that helps people

with disabilities find and keep jobs. Apply for these services immediately

after your

release. Look in the phone book blue pages under "Department of Rehabilitation

Services (DRS), or search the internet for Oklahoma Department of Rehabilitation

Services, www.okrehab.org/.

VA HEALTH CARE

If eligible for veteran's benefits:

We encourage you to enroll in the VA Health Benefits System as soon as you are released.

Every

VA Medical Center

has a

Health Care for Homeless Veterans Coordinator

who

helps veterans and their families find resources inside and outside the VA Health Care

system. Call 1-877-222-8387 or got to www.visn16.med.va.gov, to find the medical center

nearest you.

Eastern Oklahoma

Department of Veterans

Affairs

Medical Center

1011 Honor Heights Dr.

Muskogee, OK 74401

(918) 683-3261

Regional Office

Federal Bldg.

125 S. Main St.

Muskogee, OK 74401

Phone 1-800-827-1000

Western Oklahoma

Department of Veterans

Affairs

Medical Center

921 N.E. 13

St.

Oklahoma City, OK 73104

(405) 270-0501

Benefits Office

215 Dean A. McGee Ave.

Oklahoma City, OK 73102

Phone 1-800-827-1000

If ineligible for veteran's benefits, free or low-cost health care may be available from the

following sources:

Department of Social and Health Services (DSHS)

can tell you where to find health care

facilities for the homeless. Check the phone book blue pages under local, city, or county

government for the number.

National Health Care for the Homeless Council

has a list of health care providers

working with homeless people across the nation. For a list of providers in your state, go to

www.nhchc.org.

Free clinics

are run by many local organizations and communities. Look in the phone

book blue pages under "Public Health" to contact local government office for clinics in your

area.

Special Health Information for Veterans:

If you think you may be at risk for AIDS and HIV infection after your release, contact the

nearest VA Medical Center to get tested, and seek counseling. Those at highest risk for

AIDS and HIV infection are:

people who share needles or syringes to inject drugs or steroids;

men who have sex with other men;

those born to mothers who have HIV

people who received blood transfusions before 1985;

anyone who has sex with anyone who is at risk for HIV / AIDS.

Veterans, homeless, and incarcerated people are at high risk for

Hepatitis C

(HCV), a

serious disease that can cause cirrhosis (scarring of the liver) and liver cancer. If you think

you are at risk after your release, contact the nearest VA Medical Center to get tested and

seek HCV counseling. You are at risk if:

you ever used a needle to inject drugs;

you had a blood transfusion or organ transplant before 1992;

you were a health care worker and had contact with blood;

you were on long-term kidney dialysis;

your mother had hepatitis C when she gave birth to you.

The Veterans Health Administration also recommends testing if:

you are a Vietnam-era veteran;

you have had exposure to blood on your skin;

you have had multiple sex partners;

you have tattoos or body piercing;

you have ever snorted cocaine;

you have liver disease;

you have a history of drinking a lot of alcohol;

you have had an abnormal liver function test.

SUBSTANCE ABUSE & MENTAL HEALTH TREATMENT

If eligible for veterans' benefits:

Contact the Homeless Veteran Services Coordinator at the local

VA Medical Center

Vet

Center

. Call 1-877-222-8387 to or go to www.visn16.med.va.gov, to find the medical

center nearest you.

OKLAHOMA VET CENTERS

OKLAHOMA CLINICS

Oklahoma City

3033 N. Walnut, 101W

Oklahoma City, OK 73105

(405) 270-5184

Ardmore

1015 S. Commerce

Ardmore, OK 73401

(580) 223-2266

Tulsa, OK

1408 S. Harvard

Tulsa, OK 74112

(918) 748-5105

Clinton

¼ mile South of I-40 on Highway 183

P.O Box 1209

Clinton, OK 73601

Lawton/Ft. Sill 73503

(580) 353-1131

McAlester

903 E. Monroe St.

McAlester, OK 74501

(918) 423-2880

Newkirk

601A W. South St.

Newkirk, OK 74647

(580) 362-2555

Seminole Co.

Konawa, 527 W. Third St.

Seminole Co., OK 74849

(580) 925-3286

Tulsa

9322 E. 41

St.

Tulsa, OK 74145

(918) 764-7243

If not eligible for veterans' benefits, the following sources may be able to tell you where you

can go to get help:

•

The Department of Health and Human Services

Drug and Alcohol Treatment Referral

Routing Service

can refer

you

to local programs. Call 1-800-662-4357.

National Alliance for the Mentally Ill

lists community mental health services providers at:

www.nami.org, or call 1-800-950-6264.

National Mental Health Association

offers support groups, rehabilitation, socialization,

and housing services through 340 community organizations located across the country.

Call 1-800-969-NMHA, or find a local office online at www.nmha.org. In Tulsa, call the

Mental Health Association of Tulsa at (918) 585-1213.

FINANCIAL HELP

The American Legion provides

Temporary Financial Assistance

, (TFA) from its national

headquarters to help maintain a stable environment for children of veterans. To obtain an

application, look in the phone book to contact a local post, or contact the National

Headquarters (see page 15) to find the post nearest you.

If you are unemployed with little or no income, you may be able to get

food stamps

. A

person may normally qualify for $85 to $100 worth of food stamps per month. Call the toll-

free information number at 1-800-221-5689, or find a list of food stamp hotlines for each

state at www.fns.usda.gov/fsp/contact_info/hotlines.htm. You can also contact the local

Department of Human Services, many drop-in shelters, or legal aid services to ask for an

application.

Supplemental Security Income (SSI)

benefits can be applied for before

your release,

even though you won't receive the benefits until after you are released. Food Stamps can

be applied for together with SSI. Normally, it takes about three months to review an

application, so apply well before your release date. It is best to get help filling out the

application. For detailed information or assistance, call 1-800- 772-1213, call or your local

social security administration office listed in the phone book blue pages, or go to:

www.ssa.gov.

Federal Emergency Management Agency (FEMA)

has a program called Emergency

Food and Shelter Program to help prevent homelessness. Contact the local Office of the

Mayor

United Way to ask who awards this money in your area and what the rules are.

LEGAL HELP

Veteran status issues:

You should talk to a

Veterans Advocate Service Officer

for help with discharge upgrades,

seeking benefits, and filing a VA claim (call 1-800-562-2308 for the nearest Service

Officer).

Other legal issues:

Most law is state-specific. The law in the state where you live or where the problem

occurred governs most common legal problems. When looking for legal help, make sure

that information you find applies to your state, or that the lawyer or other service provider is

qualified to work in your state.

The

American Bar Association

has a web site with guidelines about free legal services

and links to directories of legal aid offices and pro-bono programs. Go to: www.abanet.org

Legal Services or Legal Aid offices

have staff lawyers to provide free legal help to poor

clients. The lawyers are usually experts in the types of problems that poor clients often

have. Look in the yellow pages for a local Legal Aid office or check online for the program,

nearest you.

Pine Tree Legal Assistance

has an online list of organizations across the nation that

provides free legal help to clients who qualify. Go to www.ptla.org/links/services.htm.

Lawyers in private practice sometimes volunteer in "pro-bono" programs to take cases for

poor clients free of charge. Check the yellow pages to contact your

Local Bar

Association

to learn if there is a pro-bono program in your community, or go to

www.abanet.org/barserv/stlobar.html.

WOMEN VETERANS

Most VA

Medical Centers

and readjustment offices have a designated Women Veterans

Coordinator to assist women veterans in accessing VA benefit programs and healthcare

services. Call 1-877-222-8387 or go to www.visn16.med.va.gov

, to find the medical center

nearest you.

The Oklahoma Department of Veterans Affairs

has a designated Women Veterans

Coordinator to help women veterans. Call 1-888-655-or go to

http://www.odva.state.ok.us/.

SECTION III

SEEKING FEDERAL BENEFITS

The Department of Veterans Affairs publishes a booklet called

"Federal Benefits for

Veterans and Their Dependents"

that describes the types of benefits available and lists the

addresses and phone numbers for VA facilities nationwide. Write the VA Regional Office

(VARO) to request a copy.

U.S. Dept Of Veterans Affairs - Regional Office Muskogee

Federal Bldg

125 S. Main St.

Muskogee, OK 74401

Call 1-800-827-1000 or find information about benefits at www.vba.va.gov/benefits.

ELIGIBILITY FOR VA BENEFITS DURING INCARCERATION

Veterans incarcerated and incarcerated dependents may apply for the same compensation,

dependency and indemnity compensation (DIC) – service connected death benefits – and

pension benefits as veterans who are not incarcerated. However, Congress has greatly

restricted the amount of benefits that may be paid to a veteran or dependent while he or she is

incarcerated. These benefits are institutionalized as part of law:

38 U.S.C Sec 5313 (a), 38

C.F.R., Sec. 3.665 (a), (d)

, which reads as follows:

If a veteran is incarcerated as the result of a “felony” conviction as defined by law: “Any offense

punishable by death or imprisonment for a term exceeding one year, unless specifically categorized

as a misdemeanor under the law of the prosecuting jurisdiction,”

Then, the amount paid to a veteran incarcerated for a service-connected disability is generally

limited by law to the 10 percent disability rate, or half the amount of the ten percent rate if the

veteran’s disability rating is 10 percent. (If the veteran is rated before incarceration as 20 percent

disabled or higher, he will receive only the amount payable to a 10 percent disabled veteran.)

Incarcerated DIC recipients will receive one-half the amount paid to a veteran

receiving compensation payments for a 10 percent-rated disability.

A veteran may not receive non-service connected VA pension benefits, or any portion of these

benefits, while incarcerated for a felony. However, his family may receive an apportionment of such

benefits under the procedure described above. (See 38 C.F.R. Sec.3.666)

One important requirement for eligibility for VA benefits is that the veteran has to have been

issued either an honorable or general discharge, or would have received one if not for re-

enlisting. If a veteran had two periods of service, one honorable and the other less than

honorable, he may still be eligible for VA benefits based on the honorable period of service.

VA Medical Care

is not provided to veterans in prison, but VA health facilities may provide

care to you after your release. Contact 1-877-222-8387 or go to www.visn16.med.va.gov, to

find the medical center nearest you.

BENEFITS PAYMENTS WHILE INCARCERATED

There is a 60-day "

grace period"

following a conviction when you may still receive full

benefits.

To avoid an overpayment,

it is important that you notify the VARO immediately

when you go to prison if you are receiving payments. If you do not notify the VA and receive

overpayment, you and your family will lose all financial payments until the debt is paid.

For example, Joe is a veteran who receives a VA pension of $807 per month. He commits a crime

and is incarcerated, but doesn't tell the VA right away and keeps getting paid for 6 months.

Joe is

overpaid a total of $4,872.

After serving his sentence of 18 months, he is released and applies to

the VA to have his pension restarted. The new pension rate is $830 per month, but the VA will use

that amount to start repaying the $4,872 debt.

Joe's first real check will start 5 months after he

is released and will be for $30!

Joe has to go at least 5 months without that income.

Your award for compensation or pension benefits should resume from the date you are

released, as long as the VA receives notice of release within one year. This includes

placement in a community treatment center or halfway house.

Remember, you must notify

the VA when you are released to restart your payments.

APPORTIONMENT

Although legally, the veteran can only receive a portion of the full amount payable for his or her

disability rating, the remaining balance may be “apportioned to the individual’s dependent

family”. To apply for apportionment, send a letter to the VA Regional Office (VARO) that has

jurisdiction over the veteran’s case. VA regulations clearly specify this apportionment amount

will only go to family members if they can show financial need for such amount. This applies to

the spouse, children, or dependent parents who are involved in the application.

In deciding whether any apportionment is appropriate, the amount of the apportionment, and to

whom it will go, the following factors are considered:

•

The family member’s income and living expenses;

•

The amount of compensation available to be apportioned;

•

The needs and living expenses of other family members; and

•

Special needs of any of the family members.

For example: a veteran incarcerated rated as 80 percent disability can only receive the amount

he or she would get if he or she were 10 percent disabled. However, his or her family may be

apportioned up to 70 percent, the difference of the 80 percent rating. (DIC may also be

apportioned with similar restrictions.)

There is a 60-day “

grace period

” following conviction where the veteran, or DIC recipient, may

still receive full benefits. If the veteran continues to receive benefits after the 60-day period, it

will result in an “over-payment”. The VA considers it to be the recipient’s responsibility and

fault if this occurs because the recipient failed to notify the VA of his or her incarceration.

Attempts to obtain a waiver in these situations of overpayment are often unsuccessful. As a

rule, the veteran loses most, if not all, financial benefits until the entire overpayment is

recovered by the VA. It has also been a standard procedure that the family will not be entitled

to receive an apportionment until the debt is completely recovered.

For more information concerning VA debt collection rules that may affect the veteran

incarcerated, telephone: 1-800-827-1000 and request a Veterans Service Organization

representative or, write to a Veterans Service Organization (attention SR list) at the address

listed on page seventeen in this document.

It is important that each disabled veteran receiving compensation or DIC payments promptly

notify the VARO. Regular full benefit payments should begin upon release, providing the VA is

notified of the veteran’s release, including placement within a community treatment center or

halfway house in the community, within one year of release.

One other relevant restriction on veteran’s incarcerated eligibility for service connected

disability compensation is that: “No total disability rating based on un-employability, may be

assigned to an incarcerated veteran”.

It is important to remember that most VA decisions, including those on apportionment, can be

appealed to the Board of Veterans Appeals and, if need be, to the Court of Appeal for

Veterans Affairs.

HELP SEEKING BENEFITS

If you would like to get benefits or think you have a pending claim before the VA, it is best to

get professional help to assist you.

Many Veterans

Service Organizations

have trained staff who can help you with your VA

claim, and can legally represent your claim before the VA. Some also help homeless and

at-risk veterans find the support services they need. You can contact any VSO listed below

to see if there is a service representative near you.

National & Department Service Officers are located at the VARO-Muskogee unless

otherwise noted. Address as follows:

Regional Office

Federal Bldg

125 Main St.

Muskogee, OK 74401

1-800-827-1000

American Legion

2311 N. Central

Oklahoma, City, OK

(405) 525-3511

American Legion

125 S. Main St.

VARO Room 1B28

Muskogee, OK

74401

(918) 781-7760

AMVETS

125 S. Main St.

Room 1B18

Muskogee, OK

74401

(918) 781-7762

Disabled American Veterans

921 NE. 13

St., VA

Medical Center,

Room 1B109C

Oklahoma City, OK

73104-5075

(405) 270-5196

Disabled American Veterans

125 S. Main St.,

VARO Room 1B30

Muskogee, OK

74401

(918) 781-7744

Military Order of the Purple Heart

125 S. Main St.,

VARO Room 1B22

(918) 781-7767

Paralyzed Veterans of America

Mid-America Chapter

6108 NW 63

, Suite

Oklahoma City, OK

73132

(405) 721-7168

Paralyzed Veterans Of America

Muskogee Chapter

VARO Room 1B26

125 S. Main St.

Muskogee, OK

74401

(918) 781-7768

Paralyzed Veterans of America

Oklahoma Chapter

921 NE. 13

St.

VAMC Room 2A147

Oklahoma City, OK

73104

(405) 270-0501

Veterans of Foreign Wars

VARO

125 S. Main St.

Room1B24

Muskogee, OK

74401

(918) 781-7769

Veterans of Foreign Wars

VAMC

921 NE. 13

St.

Room GA142A

Oklahoma City, OK

(405) 270-0501

73104

Vietnam Veterans of America

2311 N. Central Ave.

Oklahoma City, OK

73152

(405) 521-3684

Muskogee Department of Veterans Affairs

1011 Honor Heights

Dr. Muskogee, OK

74401

(918) 680-3633

Oklahoma Department of Veterans Affairs

921 NE. 13

St.

Oklahoma City, OK

73104

(405) 270-0501

Although we encourage you to seek the aid of a service representative, you may

choose to apply for VA benefits on your own. Write the VARO or find the forms online

at: www.va.gov/vaforms

. You can also apply for certain benefits online at:

http://vabenefits.vba.va.gov/vonapp/main.asp.

Below are brief descriptions of forms needed to file for certain VA benefits. Be sure you use a

return address where mail will get to you as quickly as possible. Make photocopies of all forms

for your records before sending your packet to the VARO nearest you.

Standard Form-180 – Request Pertaining to Military Records

- is used to get copies

of your Record of Discharge (DD-214), military personnel and medical records. You will

need a copy of your DD-214 when applying for any benefits. Requests may also

complete online at http

://vetrecs.archives.gov

VA Form 21-526 - Application for Compensation or Pension-

must be filed to apply

for compensation -or pension. This form, along with your DD-214 and the following

forms should be mailed directly to the VARO nearest your release destination 30 to 45

days before our release.

VA Form 21-4138 - Statement in Support of Claim -

lets you explain why you deserve

the benefits you are asking for because of your disability or disorder. It is best to have

an experienced service representative help you complete the form.

VA Form 21-4142

Authorization for Release of Information

If you have received

medical or mental health care, that may be relevant to your claim, from anyone other

than a VA Medical Facility, you need to fill out

a VAF 21-4142

giving permission for

release of medical records to the VA.

VA Form 10-10EZ

Enrollment for Medical Benefits

is used by the VA to determine

if you can receive medical benefits. Complete the form and bring it with you to the VA

medical facility where you will seek evaluation for treatment.

VA Form 28-1900 - Vocational Rehabilitation for Disabled Veterans -

is needed to

apply for the vocational rehabilitation program to help veterans who were disabled

during their service reach maximum independence in daily living, to learn the skills

needed to get a job, and to find and keep a job. Send Form 28-1900 to the VARO in

your area 10 to 15 days before your release.

VA Form 70-3288 - Request for and Consent to Release of Information from

Claimant's Records -

is used to get records relevant to your claim from VA facilities

(regional offices, medical centers, outpatient clinics, and vet centers). Request a fee

waiver under section 38 C.F.R. Sec.1.526 (h), which requires the VARO to provide a

veteran with one set of his or her records free of charge.

CHECKLIST

Using This Guide

Ask about classes or resources to help you plan for your release.

Make a list of your needs.

Make a list of who may be able to help you.

Write letters and/or contact organizations by phone or email.

Write down the steps you take so that you do not repeat them.

Just for Veterans

Know where to call toll-free for help.

Contact organizations about what services they have to offer.

Think about your housing needs and gather information about what is available locally.

Learn about job resources and create a plan to find a job.

Learn about health issues, and what services are available.

Learn about the resources available for substance abuse and mental health treatment in

your area.

Learn about your options to get financial help.

Begin to take care of other legal issues.

Learn about homeless veterans services.

Learn about resources for women veterans

If you are not currently receiving benefits, find out if you can or should be.

If you are receiving benefits, notify the VA when you go to prison to avoid an

overpayment.

Contact a veteran service representative to represent you and help you file a claim.

Apply for apportionment so that some of the money withheld may be given to eligible

family members.

INCARCERATED VETERANS FACT SHEET

Department of Veterans Affairs

Incarcerated Veterans Benefits

Can A Veteran Receive VA Benefits While In Prison?

VA can pay certain benefits to veterans who are incarcerated in a Federal, state or local

penal institution. However, the amount we can pay depends on the type of benefit and

reason for incarceration. This fact sheet provides information about the benefits most

commonly affected by imprisonment.

How Will Your Imprisonment Affect The Payment Of:

VA Disability Compensation?

Your monthly payment will be reduced beginning with the 61st day of your imprisonment for a

felony

. If your payment before you went to prison was $210 or more, your new payment

amount will be $108. If you were getting $108 before you were imprisoned, your new

payment will be $54.

Note:

If you are released from incarceration – participated in a work release or halfway house

program, paroled, and completed sentence, your compensation payments will not

be reduced.

VA Disability Pension?

If you are imprisoned in a Federal, State or local penal institution as the result of conviction of

a felony or misdemeanor, such pension payment will be discontinued effective on the 61

day of imprisonment following conviction.

Are You Eligible For VA Medical Care While Imprisoned?

While incarcerated veterans do not forfeit their eligibility for medical care, current regulations

restrict VA from providing hospital and outpatient care to an incarcerated veteran who is an

inmate in an institution of another government agency when that agency has a duty to give

the care or services.

However, VA may provide care once the veteran has been unconditionally released from the

penal institution. Veterans interested in applying for enrollment into the VA health care

system should contact the nearest VA health care facility upon their release.

Can Your Spouse, Children Or Dependent Parent(s) Receive Any Of The Money Not Paid

To You Because Of Imprisonment?

VA can take all or part of the amount of compensation you are not receiving and apportion it

to your spouse, child or children and dependent parents on the basis of individual need.

They should contact the nearest VA regional office for details on how to apply. They will be

asked to provide income information as part of the application process.

Will Your Benefits Be Automatically Resumed When You Get Out Of Prison?

Your award for compensation or pension benefits shall be resumed the date of release from

incarceration if the Department of Veterans Affairs receives notice of release within 1 year

from following release. Depending on the type of disability, VA may schedule you for a

medical examination to see if your disability has improved. You will need to visit or call your

local VA regional office for assistance.

For More Information Call Toll-Free 1-800-827-1000

Or Visit Our Web Site At http://www.va.gov

Compensation & Pension Service – December 2004

Resource Addresses/Sites

US Dept of Veterans Affairs (USDVA) www.va.gov

Veterans Health Administration – VISN 16 www.visn16.med.va.gov/

Oklahoma City and Muskogee VA Medical Center-

www1.va.gov/directory/guide/home.asp?isFlash=1

Oklahoma Department of Veterans Affairs – www.odva.state.ok.us

The American Legion - Dept of OK - www.oklalegion.com

Disabled American Veterans – www.dav.org/default.html

Veterans of Foreign Wars – www.vfw.org

Vietnam Veterans of America – Site location - http://www.vva.org/map2/OK_3.html

Workforce Oklahoma- www.workforceok.org

Oklahoma Department of Human Services- www.okdhs.org

Social Security Administration www.ssa.gov

National Coalition for Homeless Veterans www.nchv.org/index.cfm

This publication is available in alternative format upon request. Please contact Oklahoma

Employment Security Commission at (405) 557-7193.

PRE-RELEASE WORKSHEETS

PERSON CONTACTED DATE

PHONE #

AGENCY

___________________________________________________________________________

____________________

PERSON CONTACTED DATE

PHONE #

AGENCY

___________________________________________________________________________

__________________________________________________________________________

PERSON CONTACTED DATE

PHONE #

AGENCY

___________________________________________________________________________