Military Law

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Veterans Administration

What is the Veteran’s Administration?

The Veteran’s Administration is the part of the VA that helps veterans and their families with health care, money, and other services. The Veteran’s Administration have several policies in place that help regulate how they help veterans and this may be very tough to understand. When this subject comes up and the family or the veteran themselves needs to gain advice, an Expert may need to be consulted.

Can a spouse still receive the survivor benefits if they also collect social security benefits as well?

When it comes to the surviving spouses’ benefits through the military, applying for social security will not affect his/her benefits and receiving the benefits does not disqualify the surviving spouse from applying for social security benefits.

If the Veteran’s Administration stops a Veteran’s payments for six months under ridiculous reasons, can the veteran sue the Veteran’s Administration for those benefits?

Yes in most cases the veteran may be able to sue. The best course of action would be for the veteran to hire a lawyer. A better approach would be for him/her to politely contact their VA rep and explain the situation to them and request that they send the check to the veteran for the money that is owed to him/her. If this course of action does not work, then the veteran could try to contact his/her congressman and see if they could help in the recovery of the money owed. When all avenues have been exhausted, then the veteran can retain the lawyer and sue for the money owed.

If a veteran was late applying for VGLI benefits and then was denied, can they take the Veteran’s Administration to court and sue them to get the benefits?

The veteran can always take the Veteran’s Administration to court, but in this case the veteran would lose the case due to there being a one year window in which to apply for the VGLI benefits. If the veteran was past this one year window then the Veteran’s Administration will not extend the benefits and the court will not force them to.

Does the VA have subrogation rights to a veteran’s home or bank account and would the family be wise to hire an attorney?

No, the VA does not have these rights to the veteran’s bank account or home. The only way that the VA would go after a surviving member of the veteran’s family is to recover medical expenses that are unpaid. The complex subject of the case may lead to the possible consulting of a “elder law” attorney just to be safe. If the veteran or their family has any other issues the Military Lawyers may be able to give advice in further detail.

If a veteran is 70% disabled due to PTSD and the VA denied his/her unemployment benefits, what is the next step for the veteran?

The veteran needs to act quickly due to the small time frame he/she has for the appeal process. The vet needs to preserve their file for the next step in their appeal and so the time frame is very short. If the veteran fails in doing this, he/she may lose all their benefits and rights to appeal any decision.

Veteran’s Administration topics are hard to understand. From the health and death benefits to the monetary help that the VA offers to the countries veterans to what the family is entitled to, these topics are very complicated to dissect the laws and the legal talk that is in the benefit plans and the veteran or their family may need an affordable way to gain advice.
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