Veterans’ Benefits Laws

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 What are Veterans' Benefits?

For those who have served in one of the United States military branches, there are a number of benefits to which they are entitled. There are also some benefits for the families of veterans. Some of these benefits include:

  • Health care benefits
  • Disability benefits
  • Department of Veterans’ Affairs home loans (VA loans), which are more favorable to the borrower than standard mortgages, are
  • Assistance for education and training programs through the GI Bill
  • Life insurance
  • In some cases, military burial in a VA national cemetery
  • Life Insurance
  • Housing grants to make your home more accessible if you have a disability
  • Veterans’ pension benefits for combat veterans who are over 65 or are disabled
  • Assistance for Homeless Veterans, which is a program that provides resources helping homeless veterans find shelter and get any care they may be eligible for
  • Post-Traumatic Stress Disorder (PTSD) treatment: There is counseling available at VA centers for service members and their families.

Many of the above benefits have eligibility requirements. The requirements for health and disability benefits are discussed in more detail below.

What Health Benefits Are Available for Veterans?

While healthcare is free to those who are currently serving in the military and available at little cost to their immediate family members, healthcare benefits are only potentially available to veterans (unless they serve until they retire, in which case, healthcare benefits remain for the rest of their lives).

These benefits are potentially available to those who have served on active duty and, in some cases, to those who served in the Reserves or National Guard and were called up for active service. To be potentially eligible, veterans must have served at least 24 months and received a discharge that was not dishonorable.

There are many medical benefits available, including:

  • Health exams and immunizations
  • Inpatient hospital care, such as for surgeries or dialysis
  • Urgent care and emergency services
  • Intensive care for physical or mental health conditions
  • Organ transplants

Unfortunately, health benefits are not available to all veterans. The eligibility issue is the lack of funding for the Department of Veterans’ Affairs (VA). In theory, all veterans should be eligible for healthcare through the VA, but lack of funding has forced the VA to sort veterans into “priority groups.” Veterans with greater degrees of disability receive higher priority and are more likely to receive healthcare services through the VA. There are 8 priority groups.

Your priority group will be based on:

  • Your military service history and
  • Your disability rating and
  • Your income level, and
  • Whether or not you qualify for Medicaid, and
  • Other benefits you may be receiving (like VA pension benefits)

Highest priority goes to veterans with service-connected disabilities. The lowest priority goes to veterans who earn a higher income and have no service-connected disabilities qualifying them for disability compensation (monthly payments).

A special rule for combat veterans is that they are eligible for VA services for five years after their separation (if released after January 28, 2003) from military service.

There is a transition program called the Transitional Assistance Management Program (TAMP). This provides up to 180 days of healthcare for eligible veterans and their families while the veteran is transitioning from military service to civilian life. Veterans may also be eligible for up to 18 months of military healthcare (called Tricare) if they pay 100% of the cost.

For those eligible for VA services, there are also long-term care options. Some of these options are:

  • Geriatric evaluation
  • Adult day health care
  • Respite care
  • Home care
  • Hospice or palliative care

What Disability Benefits are Available for Veterans?

VA disability compensation provides tax-free monthly payments. If you have a service-connected condition, you may be eligible for compensation. A service-connected condition means an illness or injury caused by—or worsened because of—your active military service.

The VA provides several types of disability benefits for veterans. The first of these is the healthcare benefits described above. Secondly, there is disability compensation, which provides monthly compensation payments based on the veteran’s disability rating. Third, disability pensions may be awarded to veterans who served during wartime and received a disabling injury.

To be eligible for disability benefits, you must have a current illness or injury affecting your mind or body, and you served on active duty, active duty for training, or inactive duty training. In addition, at least one of the following must be true:

  • You got sick or injured while serving in the military
  • You had an illness or injury before you joined the military, and serving made it worse
  • You have a disability related to your military service that didn’t show up until after you left the service

To obtain any healthcare or disability benefits, you must file a claim with the Department of Veterans Affairs. The VA will then determine which services you are eligible for.

What If My Claim for Veterans Benefits Was Denied? Can I Appeal?

The former VA appeals process has changed to the “decision review” process. If you disagree with a VA decision dated on or after February 19, 2019, there are 3 decision review options:

  • A Supplemental Claim, where you have the right to submit new and relevant evidence that wasn’t in your original application
  • A Higher-Level Review. You cannot supply new information in this decision review option. If a lower-level employee denied your claim, this option lets you ask for your case to be considered by someone higher up the chain of authority.
  • A Board Appeal. This is the highest level of appeal. It cannot be requested unless the lower level appeal processes have denied you

If you receive a denial of eligibility for benefits and you wish to appeal the decision, you will first need to file a Notice of Disagreement (NOD) within one year of your notice of denial. The VA will provide you with the form. The statement states that you disagree with the decision and wish to appeal it. Once the form is completed, you can take it to your local VA or mail it to the address listed.

After filing your NOD, a Decision Review Officer reviews your appeal. If they disagree with your appeal, they’ll send you a Statement of the Case document summarizing their review. It will come with a form (VA Form 9), which you must complete and return within 60 days if you wish to appeal further to the Board of Veterans’ Appeals.

At the Board of Veterans’ Appeals, you will receive a hearing with a Veterans’ Law Judge. The Board then reviews your appeal and decides, which will be relayed to you in writing.

What Can I Do If My Appeal for Veterans Benefits is Denied?

If your appeal is still denied following the Board’s decision, you can further appeal to the United States Court of Appeals for Veterans Claims. This court is independent of the Department of Veterans Affairs. Appealing to the United States Court of Appeals for Veterans Claims can be complex. If you wish to appeal to the Court of Veterans’ Claim, you should strongly consider hiring an attorney.

Do I Need an Attorney for Issues with My Veterans Benefits?

Making a claim or appeal with the Department of Veterans Affairs can be complicated. An attorney can help you better understand the benefits you are entitled to. If necessary, a government lawyer can help you file a claim or appeal a decision.

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