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Military Soldier

The Montgomery GI Bill for Active Duty Members

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One of the most important choices a new military member can make upon enlistment is enrolling in the Montgomery GI Bill Educational Assistance Program. Active duty members who enroll and pay $100 per month for 12 months are then entitled to receive a monthly education benefit once they have completed a minimum service obligation of two years. Eligible Servicemembers may receive up to 36 months of education benefits. The monthly benefit paid to you is based on the type of training you take, the length of your service, your category, any college fund eligibility, and whether or not you contributed to the $600 buy-up program. You usually have 10 years to use your MGIB benefits, but the time limit can be fewer or more years depending on your particular situation. Some Servicemembers may contribute up to an additional $600 while on active duty to the GI Bill to receive increased monthly benefits of up to $5,400 in additional GI Bill benefits.

But keep in mind that even if you contribute the full $1200 – $1800 dollars to the GI Bill, in order to qualify to receive the benefits you must also have an honorable discharge; AND a high school diploma or GED or in some cases 12 hours of college credit; AND you must also meet the requirements of one of the categories below:

CATEGORY I

  • Entered active duty for the first time after June 30, 1985
  • Had military pay reduced by $100 a month for first 12 months
  • Continuously served for three years or two years, if that is what you first enlisted for or if you entered the Selected Reserve within a year of leaving active duty and served four years (the 2 by 4 program)

CATEGORY II

  • Entered active duty before January 1, 1977
  • Served at least one day between 10/19/84 and 6/30/85, and stayed on active duty through 6/30/88, (or through 6/30/87 if you entered the Selected Reserve within one year of leaving active duty and served four years)
  • On 12/31/89, you had entitlement left from Vietnam-era GI Bill

CATEGORY III

  • Not eligible for MGIB under Category I or II
  • On active duty on 9/30/90 AND separated involuntarily after 2/2/91
  • OR involuntarily separated on or after 11/30/93
  • OR voluntarily separated under either the Voluntary
  • Separation Incentive (VSI) or Special Separation
  • Benefit (SSB) program Before separation, you had military pay reduced by $1,200

CATEGORY IV

  • On active duty on 10/9/96 AND you had money remaining in a VEAP account on that date AND you elected MGIB by 10/9/97
  • OR you entered full-time National Guard duty under title 32, USC, between 7/1/85, and 11/28/89, AND you elected MGIB during the period 10/9/96 – 7/08/97
  • Had military pay reduced by $100 a month for 12 months or made a $1,200 lump-sum contribution.

In the event you are discharged from the military under some other characterization other than an “Honorable” discharge, all is not lost. Often times many Servicemembers are able to have their discharge disposition upgraded to Honorable. In that instance, as long as the Servicemember otherwise qualifies, the MGIB benefits should then be available. Keep in mind though that to “otherwise qualify” means that you contributed at least $1200 dollars to the MGIB while on active duty and that the Servicemember served on active duty for at least two years AND has a high school diploma or GED or in some cases 12 hours of college credit; AND further qualifies under one of the four previously mentioned categories. Unfortunately, except for some very few rare exceptions, the MGIB is a use it or lose it benefit.

If the Servicemember contributes $1200 dollars and does not complete at least two years of active duty, you lose the benefit even with an Honorable Discharge. If you contribute $1200 dollars and serve two or more years and are discharged with a discharge code that is not “Honorable”, you will not qualify until you have upgraded your discharge disposition and keep in mind, the clock is ticking. If you are not able to successfully upgrade your discharge to Honorable within 10 years, there is a good possibility you will lose the MGIB benefits.

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memorial-day

This Memorial Day, Honor Our Veterans

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This Monday, Americans will honor the fallen soldiers of the United States Armed Forces on Memorial Day. Many see this holiday, and the weekend surrounding it as a time to take off from work, go to the beach and have bar-b-ques with friends and family. But Memorial Day is about so much more than that.

Memorial Day is a time to pay homage and show our respect to the brave men and women who have laid down their lives in the name of American freedom. Their selfless sacrifices afford us the ability to live free and happy lives. Our armed forces are to be commended, respected, and honored as the true heroes that they are.

This is one of the reasons that The Orlando Law Group takes cases of Veteran Law so seriously. When a soldier returns from combat injured or disabled, and unable to return to work, it is our duty as legal professionals to defend those rights. Many times, returning heroes of our military find their request for disability benefits denied by the Veterans Association.

It is our pledge to fight this legal battle and defend our soldiers with the same determination they used overseas to defend us.

If you are a veteran who has been denied your right to disability pay by the VA, call The Orlando Law Group at 407.512.4394 and schedule a consultation.

To all of our friends and clients, have a wonderful Memorial Day weekend. And to all of the veterans out there, from all of us at The Orlando Law Group, we thank you for your service and your bravery!

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Many times, veterans of the United States Military, who fight to defend our freedom overseas, return home with injuries sustained in the line of duty which prevent them from returning to the workforce. When this happens, they are owed disability pay. Unfortunately, it is estimated that nearly 70% of all veteran disability claims filed are initially denied by the Department of Veterans Affairs. What follows can be a long nightmare filled with paperwork, appeals and a lot of anguish. Hiring an attorney skilled in veteran law can help make this process easier and faster.
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Veterans Can Trust in Skilled Attorneys to Resolve Disability Issues

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A veteran law attorney understands the process of obtaining your disability benefits and can be a guiding light to help navigate through your options. To hire or retain an attorney to assist you through this difficult time you must first have received a denial from the VA’s office. It is usually best practice to start researching local attorneys before you file, as there is a strong chance your application will be denied. This will allow you to make a quick decision and “hit the ground running” once you are legally able to acquire representation.

An attorney will file your letter of disagreement for you once the claim has been denied. This ensures that all forms will be filled out properly. Lawyers can also request a review of your claim by either your regional VA office or the Board of Veterans Appeals. Another key service an attorney can provide in the field of veteran law is to challenge the disability rating given to you by the VA.

This service extends beyond your benefits. An attorney will continue to fight for the disability rights of your spouse and dependents as well.

Allied with a skilled attorney in the field of veteran law, you and your loved ones will rest easy knowing that your service will not go unrecognized. The Orlando Law Group takes great pride in working with disabled veterans to ensure that they are properly taken care of at the end of their military careers. For more information, please call The Orlando Law Group at 407.512.4394.

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VA Claims C File

Tips on Organizing Your C-File (VA Disability Claims)

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One of the first steps you should take before you begin your appeal is to obtain and organize your C-file. For those of you that are new to the veteran’s claims process, a Claims File, or C-file, is the file that is supposed to contain all of your medical information from your first medical exam for enlistment at the MEPPS station, up to and including your last medical exam prior to discharge from the military, as well as any additional records that you have provided to the VA from private doctors.

It is of the utmost importance that you know what is and is not in your C-file prior to filing your appeal. The most common documents found in your C-file are your DD-214, previous applications for claims, denial letters, rating letters, code sheets, military service medical records, VA medical records, medical records from private doctors (if you provided them), C&P exam records (compensation and pension) as well as your military service records. This list is not all inclusive and some documents may or may not apply to you depending on where you are in the appeals process and whether or not this is your first appeal.

Your C-file is one of the most important files used to establish your medical claim for VA disabilities (Fully Developed Claim or FDC) because it is the only file the VA will look at in making determinations about your claim. As we are all way to familiar with the short comings of government bureaucracies, you will want to make sure the VA has all the information that you have in consideration of your claim. The only way to make sure is to request and receive a copy of your C-file and organize it; but beware: it will very likely come to you as if it spent some time on a black-jack table in Las Vegas!

Prior to receiving your C-file, make a list of the particular disability or disabilities you are claiming or disputing. After you have received your C-file you will notice all of the 500-5000 pages are in no particular order. First, make sure the records you received are YOURS! When I first requested my file, I received records for another service member with a similar name, but in a totally different branch of service! Second, you should number your pages 1- XXXXX, in the order that you received them. This will help you reference them to the VA representative, DRO (decision review officer), or to any of the Judges during any of the future hearings you will be attending as they will likely receive your file in the same order you received them.

After you have numbered your documents, separate them according to their classifications mentioned above, i.e. C&P exams, VA medical records, private doctor medical records, military service records and so on. After that is completed, take those records in their respective piles and place them in chronological order. Once you have all your piles separated by classification and in chronological order, you should then pick out each document evidencing any of your particular claims as to your specific disability and group together any duplicates and triplicates. For example, in a claim for hearing loss you will want to pick out all of your military medical records and private doctor records related to hearing tests, treatments, doctor visits, complaints, prescriptions, etc. Additionally, you will want to pull any documentation that could possibly link your hearing loss to your military service. For example, any records showing that your MOS (military occupational specialty) could have played a part in your loss of hearing, such as, infantry, machine gunner, artillery, aircraft repair or maintenance – basically any military occupation with an inherent environment that could contribute to hearing loss.

Once you have your C-file organized, NOW you can begin building your claim and find out what records are missing and get those records to the VA to be included in your file.

 

Jeff Smith HeadShot 2016

Jeffrey W. Smith The Orlando Law Group, P.L.

 

 

 

*This article is meant for educational and informational purposes only and not as legal advice. This article does not establish or imply an attorney client relationship between the author of this article and the reader. The author of this article is NOT representing you as your attorney. You are advised to contact an attorney for legal advice related to the specific facts of your case.

 

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Planning Ahead: Understanding Medicaid Eligibility for Your Future Long-Term Care

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If you’re thinking about long-term care, even “just in case”, the most important step is talking with an elder law attorney before a crisis happens.

Medicaid planning is highly time-sensitive. One mistake, made too late, can cost your family tens of thousands of dollars and limit your care options. A paid Medicaid planning consultation allows us to review your assets, timeline, and goals and help you understand what strategies are available right now.

👉 Schedule a Medicaid Planning Consultation with Orlando Law Group
[Schedule Your Consultation]

Below, we’ve outlined the key Medicaid eligibility rules and planning considerations so you can better understand why early, personalized planning matters.

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Thinking about a future where you might need long-term care can feel uncomfortable, even pessimistic. But planning for Medicaid isn’t about expecting the worst. It’s about protecting everything you’ve worked for and ensuring you have choices when and if you need care.

Because of Medicaid’s five-year look-back period, the ideal time to plan is years before you think you’ll need care. The earlier you start, the more options you have and the more you can preserve. But even if you’re starting late, there are still strategies available—the key is working with an experienced elder law attorney who can maximize whatever timeline you have.

Let’s walk through what you need to know about Medicaid eligibility and why starting now can protect both your assets and your access to quality care.

Why Plan Now Instead of Later?

The single most important reason to plan early is Medicaid’s 60-month look-back period.

When you apply for Medicaid, the state reviews every financial transaction you’ve made in the past 60 months (five years). If you gave away assets or transferred them for less than fair market value during this time, you’ll face a penalty period where you can’t receive Medicaid benefits, even though you need care.

Here’s what that means in practice: If you transfer your house to your children today and need nursing home care three years from now, Medicaid will discover that transfer and penalize you. You’ll be ineligible for benefits for a period of time, and your family will have to pay for your care out-of-pocket during that penalty period. At $8,000-$12,000 per month for nursing home care in Florida, those penalties add up fast.

The Real Cost of Waiting

The penalty period equals the value of what you gave away divided by $10,438 (Florida’s 2025 penalty divisor—the average monthly cost of nursing home care).

Example: You give your daughter $100,000 to help with her mortgage:

  • $100,000 ÷ $10,438 = 9.5 months of ineligibility
  • You’d need to pay for care out-of-pocket for nearly 10 months
  • That’s roughly $95,000-$120,000 your family would need to cover

This is why timing matters. The further in advance you plan, the more strategies become available to you.

Medicaid Essentials: What You Need to Know

Medicare vs. Medicaid: Understanding the Difference

Many people assume Medicare will cover their long-term care needs. Unfortunately, that’s not the case.

Medicare coverage for long-term care is extremely limited:

  • Requires a 3-day hospital stay first
  • Days 1-20: Zero co-pay
  • Days 21-100: You pay $210.50 per day (2025)
  • Days 101+: You pay everything

After just over three months, you’re on your own. At $8,000-$12,000 per month for nursing home care in Florida, those costs add up fast.

Medicaid provides comprehensive coverage for long-term care, including nursing home care, in-home care services, physician services, and prescription drugs. But you must meet strict financial requirements to qualify.

Basic Qualification Requirements

To qualify for Medicaid long-term care services in Florida, you must meet both requirements:

  1. Physical Eligibility: You must need assistance with activities of daily living (ADLs) such as eating, bathing, dressing, transferring, using the bathroom, and walking.
  2. Financial Eligibility: Your income and assets must fall within Medicaid’s limits:
  • Income limit for 2025: $2,901 per month
  • Asset limit for a single person: $2,000 in countable resources

However, many assets are exempt and don’t count toward this limit, including your home (up to $730,000 in equity), your vehicle, personal property, life insurance policies under $2,500, and prepaid burial arrangements.

Why Strategic Planning Makes All the Difference

Understanding these basic rules is one thing, knowing how to navigate them to protect your family’s financial security is entirely another.

The goal isn’t just to qualify for Medicaid; it’s to qualify while preserving as much as legally possible for your spouse, your heirs, and your own peace of mind. This is where working with an experienced elder law attorney becomes invaluable.

How Strategic Planning Protects Your Assets

Maximize exempt assets: An attorney can help you identify your exempt assets and strategies on converting countable assets into exempt ones such as prepaying funeral expenses, making home improvements, setting up a caregiver agreement or putting those assets into a pooled trust. This reduces what counts against your $2,000 limit while improving your quality of life.

Time transfers appropriately: Certain transfers are penalty-free (such as transfers to a spouse) , and others can be structured strategically if you have enough planning time. The key is understanding which is which and when to act. A misstep here can cost you tens of thousands of dollars in penalties.

Protect your spouse: If you’re married, the rules change significantly. There are special protections that can preserve over $150,000 in assets for the healthy spouse—but these protections must be structured correctly. The strategies for married couples are completely different than those for single individuals.

Structure income properly: If your income exceeds Medicaid’s limits, tools like Qualified Income Trusts can make you eligible while still providing for your needs. But these must be set up and managed correctly.

Plan for your estate: Florida may try to recover Medicaid costs from your estate after you pass. Proper planning so that your assets avoid probate can minimize or eliminate this recovery, preserving your home and other assets for your heirs.

Why DIY Planning Usually Backfires

Many people try to handle Medicaid planning themselves, often based on advice from well-meaning friends or internet research. The most common costly mistakes include:

  • Transferring the house to children: This triggers penalties if done within five years of needing care AND creates major tax consequences for your children when they eventually sell.
  • Withdrawing large amounts of cash: Without proper documentation, Medicaid assumes you gave it away, triggering penalties.
  • Making gifts without understanding penalties: Even small regular gifts to grandchildren can add up to significant penalty periods.
  • Waiting until a crisis: By the time you need care, many protective strategies are no longer available.
  • Assuming you must spend everything: There are legal strategies to preserve assets—you just need to know what they are and when to use them.

Each of these mistakes can cost tens of thousands of dollars or delay care when you need it most. The rules are complex, they change annually, and Florida has specific requirements that differ from other states.

Every Situation Requires a Custom Strategy

Your planning strategy depends on multiple factors that make your situation unique:

  • Your marital status: The rules and strategies for married couples are significantly different than for single individuals.
  • Your asset types: Real estate, business interests, and retirement accounts all require different approaches.
  • Your timeline: How much time you have before you might need care affects which strategies are available to you.
  • Your family situation: Who will be your caregiver, whether you have children, and your relationships all influence the best approach.
  • Your care preferences: Where you want to receive care and what quality of life you want to maintain matters.
  • Your estate goals: What you want to preserve for your family affects which strategies make sense.

This is why a personalized plan is essential. What works for your neighbor or friend may not be the right strategy for you—in fact, it could be exactly the wrong approach for your circumstances.

The Value of Planning Early

The earlier you plan, the more options are available. With five years of planning time, strategies that would trigger penalties in a crisis situation become perfectly legal and effective. Your attorney can help you understand which strategies fit your timeline and goals and create a roadmap that protects your assets while ensuring you’ll qualify for care when you need it.

Your Next Steps: Creating Your Personal Plan

Planning for potential long-term care needs isn’t pessimistic; it’s empowering. You’re taking control of your future, protecting what you’ve worked for, and ensuring you’ll have access to quality care if you need it.

The difference between pre-planning and crisis planning can literally be hundreds of thousands of dollars in preserved assets and significantly less stress on you and your family.

Don’t wait until you’re in crisis mode. The best time to plan was five years ago. The second-best time is today.

Contact Orlando Law Group today to schedule your Medicaid planning consultation. We’ll help you understand your options, protect your assets, and create a plan that gives you peace of mind about your future.

 

Information current as of 2025. Medicaid rules and financial limits change annually. This article is for educational purposes only and does not constitute legal advice. For guidance specific to your situation, consult with an experienced elder law attorney.

 

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Filing a Notice of Disagreement for Your Veterans Benefits

Filing a Notice of Disagreement for Your Veterans Benefits

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The disability compensation program administered by the Veterans Benefits Administration provides monthly benefits in recognition of disabilities, diseases or injuries that occurred or were aggravated by active duty. There are a number of disability benefits available to veterans.

The conflicts in Iraq and Afghanistan have greatly increased the amount of veterans filing disability claims. As the number of claims has increased, so have the wrongful denials and the backlog of claims requests.
When a Veteran files a claim for disability compensation and other veterans benefits, and is denied those benefits by the VA, the Veteran’s typically files a Notice of Disagreement or NOD.

You should file for a Decision Review Officer Hearing when filing your Notice of Disagreement. The purpose of the NOD is for a Veteran tell the VA that they disagrees with the Ratings Decision on the Veteran’s claim for disability benefits or other compensation. The Notice of Disagreement must be in terms which can be reasonably construed as disagreement with that determination and a desire for appellate review.

There is no official NOD form. Generally, the NOD can be a written statement on VA Form 21-4138, the Statement in Support of Claim.

Three specific pieces of information need to be in a Notice of Disagreement. They are:

  1. You need to let the VA know that you disagree with the decision of the VA Regional Office.
  2. You need to state that you intends to appeal the decision.
  3. The date of the decision that you disagree with.

Also, if you can specifically identify what part or parts of the Ratings Decision you disagree with and why you disagree, that will certainly help. A well written NOD can affect the outcome of the Decision Review Officer Conference.

You have one year from the date of the VA’s notice of its decision to file your NOD with the VA regional office. If you miss this deadline, you can only reopen your claim based on new and material evidence or establishing that the VA denial was the product of clear and unmistakable error, which is very difficult to prove.

Once the DRO has made a decision or has received your request for BVA consideration, the VA will issue a Statement of the Case. This document will explain the VA’s decision in detail.

If you have questions with your Veterans Beneffits please contact us, and let us help you.

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What Should You Do If Your Veterans Benefits are Denied

What Should You Do If Your Veterans Benefits are Denied?

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If you applied for Veterans Disability Compensation Benefits and the VA and then received a letter from the Department of Veterans Affairs, denying you benefits, you have the right to appeal the decision. You have one year from the date on the denial letter to file your appeal. You will need to submit a Notice of Disagreement with the Veterans Affairs Regional Office that denied you benefits, in order to file an appeal. There is not a specific form called Notice of Disagreement, which can be provided to you by the Office Veterans Affairs, so you can use their Statement in Support of Claim form. An attorney can also draft your Notice of Disagreement for you.

In your Notice of Disagreement to Veterans Affairs, you need to state that you disagree with their decision. It’s important to keep it general in the Notice of Disagreement, you don’t need to list all the reasons that you disagree here, in fact it may not help your appeal. By keeping your reason general, if you forget to mention an issue, you can still add that issue to your appeal later on. Make sure you mention the date of the denial letter and use the words Notice of Disagreement prominently on the form.

The wording can be tricky, so having a lawyer help you will always make this an easier process. If you do provide details about why you disagree with the denial of benefits, make sure to mention that your disagreement isn’t limited to the issues you mention. State that you disagree with all of the decisions in the denial letter and ratings decision. Sign it and keep a copy before you put it in the mail. Send it certified mail so you can prove you met the filing deadline.

You can choose a Decision Review Officer appeal with or without a hearing at your Veterans Affairs Regional Office, or you can appeal directly to the Board of Veterans Appeals. Choosing the latter means you have to wait for the Veterans Affairs to issue you a Statement of the Case, which is a detailed explanation of their decision, and it takes a long time for them to send it to you. A DRO appeal gets completed much faster than a BVA appeal. And, if the DRO doesn’t grant you benefits, you can still take your case to the Board of Veterans Appeals later.

Once you receive the Statement of the Case, you have only 60 days to file your BVA appeal. Use VA Form 9 to file your BVA appeal. VA Form 9 is more difficult to complete than a Notice of Disagreement, so you may need the help of an attorney. After you file Form 9, you will again have to wait several months for your VA regional office to transfer your file to the Board of Veterans Appeals. When you get a letter from the BVA with instructions for your appeal, you will know that the BVA have received your file.

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What Happens after I have Filed a Veteran’s Administration Application for Compensation?

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We are often asked, “What happens after I file my Veterans Administration Application for Compensation?” After the Veteran’s Administration (“VA”) receives a VA Form 21-526 (Application for Compensation), it sends you a letter explaining the additional information needed to process your claim.

Step One – Information Gathering. Once you receive the letter in the mail, gather all of the requested information, and if possible, also provide details regarding the potential location of records or persons with knowledge that may support your documentation. It is the VA’s responsibility to assist you in gathering the requested information (including, but not limited to, records from private physicians, military medical records, letters from friends, employers, employees, or your spouse or significant other that can help your claim). All of this information should be sent to the name and address indicated on the initial letter you receive.

Step Two – Medical Exam. After the VA has reviewed all of the records and information you provided, the next step may be a medical exam conducted by the VA. This exam is free of charge. You must report for your exam on the scheduled date and time. If you cannot attend the exam at the scheduled date and time, immediately contact the person listed in the letter or your legal representative..

Step Three – Claim Evaluation. After your exam (if an examination was required), a Rating Veterans Service Representative evaluates your claim. Based on the law and the facts of your case, the Rating Veterans Service Representative will either approve or deny your claim.

Step Four – Claim Approval or Denial.

  • Approval of Claim. If your claim is approved, the VA will send a letter stating the monthly payment amount you will receive. Along with the letter, you will receive VA Form 21-8764 (Disability Compensation Award Attachment), which states, “A check covering the initial amount due under this award will be mailed within 15 days. Thereafter, checks will be delivered at the beginning of each month for the prior month.” However, depending you particular circumstances, it may take longer.
  • Denial of Claim. If your claim is denied, either you or your legal representative can file a Notice of Disagreement with your local VA office. You may use a VA Form 21-4138 (Statement in Support of Claim) to submit the Notice of Disagreement. The Notice of Disagreement must be filed within one (1) year after the date the local VA office sent the original decision that denied your claim. The Notice of Disagreement allows you to request that your file be reviewed a second time by a Decision Review Officer. The Decision Review Officer examines your file anew and can modify the Rating Veterans Service Representative’s decision, including the grant of benefits.

The Formal Appeals Process

Once the VA receives a Notice of Disagreement, it sends you a Statement of the Case that explains the laws, regulations, and evidence relied upon in denying your claim. The VA also sends a VA Form 9 with the Statement of the Case. In the VA Form 9 (Appeal to Board of Veterans’ Appeals), a veteran can request a hearing with the Board of Veteran’s Appeals at the local office or in Washington, D.C. The VA Form 9 must be mailed back before 60 days after the date the VA mailed the Statement of the Case or within one (1) year of the date that they mailed the original decision denying your claim, whichever is later.

If the claim is denied by the Board of Veterans Appeals, the next step is an appeal to the United States Court of Appeals for Veterans Claims. Subsequent appeals are filed with the U.S. Court of Appeals for the Federal Circuit and to the Supreme Court of the United States.

The time period and process for the VA to review a Notice of Denial depends on the complexities of your particular case. Additionally, any delays in responses to inquiries from the VA will lengthen the process. The shortest period in which a review may be completed is usually around 6 months, but generally it takes longer, with some claims not receiving an initial decision for well over a year from the filing date of the claim.
Along the way, you may wish to have legal representation regarding this sometimes confusing and often arduous process.

Should you wish to learn more about the process of obtaining Veteran’s Benefits, please contact Daniel J. Burns at [email protected].

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