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.

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.

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.