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Military Soldier

The Montgomery GI Bill for Active Duty Members

All posts, Veterans

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.

November 2, 2017/by The Orlando Law Group
memorial-day

This Memorial Day, Honor Our Veterans

Blog, Veterans

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!

November 2, 2017/by The Orlando Law Group
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

All posts, Veterans

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.

May 2, 2017/by The Orlando Law Group
VA Claims C File

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

All posts, Veterans

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.

 

April 18, 2017/by The Orlando Law Group
Veterans Benefits Planning

Veterans Benefits Planning

All posts, Veterans

As Veterans age, they must face many long-term care and elder law issues, such as finding ways to pay for home care, assisted living or nursing home care.  While Medicaid may pay for nursing home stays, it may not pay for assisted living or home care.  This is where the Veterans Administration Pension or also called the Aid & Attendance program can benefit a family.

Through proper planning, a family can bring upwards of $2,000 per month into the family of a married veteran, around $1,700 for a single veteran, and around $1100 for the surviving spouse of a veteran.  However, there are certain rules and hurdles to receiving the benefit.

The program benefits Veterans who need assistance with basic daily activities such as bathing, eating, or dressing.  To qualify for the benefit a veteran must have served 90 days of active duty, one day during a period of war, and then meet an income test and an asset test.  The periods of war that a veteran must have served one day during include World War II, Korea, Vietnam and the Persian Gulf conflict.

The asset test for a veteran, or the surviving spouse of a veteran, is just a general guideline.  The general guidelines are that a married couple must have less than $80,000 in countable assets while a single veteran or surviving spouse of a veteran must have less than $40,000 in countable assets.  These figures  can be adjusted down for life expectancy.  If a veteran is over in assets, a VA accredited lawyer can counsel prospective clients on different legal strategies to help the veteran in qualifying.

The last hurdle to maximize the benefits for a veteran is the income test.  Basically, a veteran, or the surviving spouse of a veteran must have unreimbursed medical expenses that equal or exceed their income.  Unreimbursed medical expenses potentially include home care, assisted living in a protected environment, nursing home costs, prescription costs, and incontinence supplies.  Typically, if a veteran or surviving spouse is receiving home care, or residing in an assisted living or nursing home facility, they will qualify.

April 18, 2017/by The Orlando Law Group
Filing a Notice of Disagreement for Your Veterans Benefits

Filing a Notice of Disagreement for Your Veterans Benefits

All posts, Veterans

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.

April 18, 2017/by The Orlando Law Group
What Should You Do If Your Veterans Benefits are Denied

What Should You Do If Your Veterans Benefits are Denied?

All posts, Veterans

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.

April 18, 2017/by The Orlando Law Group

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

All posts, Veterans

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].

April 18, 2017/by The Orlando Law Group

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