Military Veteran Attorney Blog

A recent article in USA Today reports some rather grim statistics. The recent opening of service connect claims related to Agent Orange exposure compounded with the need to file for non-service related claims by WWII and Korean War veterans has caused a serious backlog of VA claims.

The total number of claims since last April has almost doubled (448,000 to 756,000). Although the VA has hired an additional 3,000 workers to assist with claims, the delay in claim resolutions has caused an average delay of eight (8) months.

This will mean ultimately that after a filing a claim, veterans will be forced to follwo the old military mantra of: "Hurry up...and wait".

However, claims can be expedited by doing several things:

1. Work with a qualified, accredited attorney.
2. Make sure that you are eligible for benefits, if you are applying for non-service connected benefits, before you apply.
3. Provide all information that you need to process a claim with your initial application.
4. Designate a VSO to assist as a fiduciary with your claim.
5. Whenever possible file a "statement in support of claim" indicating that you have provided all necessary information to determine your eligiblity for benefits.

From time to time, I receive requests by authors of other blogs to post guest contributions. This latest entry comes from Mr. Matt Polsky of www.vabenefitblog.com. VA Benefit Blog focuses on providing service members and veterans with up to date information on the benefits they have earned through serving our country.

They recently ran an article entitled, “Rule Change for Post-Incarceration Veterans Health Care”. The article is about the new program the VA has started that aims to reduce the number of repeat offenses among veterans. The program allows veterans that are in post-incarcerated housing to still receive healthcare through VA facilities instead of prison facilities. The full text of the article can be found at their site.

For your convenience, I have added the article, in its entirety, to this post.

Continue reading " Little Known VA Benefits " »

I would like to thank James Kelley, a University of Missouri law student, for providing us with the following post.

After their service, veterans of the U.S. Armed Forces are entitled to a number of benefits. Common benefits include service-connected disability compensation, VA-provided health care, the VA Home Loan program, educational assistance, and Aid and Attendance Allowance. Some benefits, like VA home loans, come with a guarantee to lenders that give military homebuyers a chance to fully finance their homes. Outside of approving a Certificate of Eligibility and sending out a VA approved appraiser to determine the value of the home, the Dept. of Veterans Affairs has very little to do with this sort of benefit.

But in order to put other benefits to use, veterans must file specific claims with the VA. It is well known that the VA must determine the average loss in wages due to diseases and injuries that are related to service for veterans to receive disability compensation. As for health care, the VA offers health insurance, known as CHAMPVA, through the Veterans Health Administration. GI Bill benefits vary for each veteran, but they may include payment of tuition, stipends for books, and the Yellow Ribbon benefit.

Aid and Attendance Allowance (A&A) is another benefit that consists of general pay to veterans, spouses and parents. A&A allowance is included in all compensation, pension programs, and dependency and indemnity compensation (DIC). For veterans, the VA makes the decision on how much to award based partly on the veteran’s need for another person’s aid. The VA also considers the frequency by which the person provides that aid to the veteran. Receiving A&A may qualify a veteran for Special Monthly Compensation (SMC), which is paid in lieu of or added to combined degree compensation. Surviving spouses or parents may be entitled to A&A if they require aid from another person and were dependent on a deceased veteran.

Continue reading " Appealing a VA Claim " »