Category: Veterans Benefits

Maximize your veteran benefits with insights and legal guidance. This blog category covers VA disability claims, pensions, healthcare, education benefits, and survivor support. Stay informed with the latest updates, eligibility requirements, and step-by-step advice to access the benefits you’ve earned.

  • Veteran Benefits Trust

    Veteran Benefits Trust for Military Vets

    A Veteran Benefits Trust is exclusive to former members of the military and their spouse. This type of trust is used for planning VA pension benefits or Medicaid.

    Veteran Trusts for VA Benefits

    Veteran Trusts are exclusive to those that served and designed to shield assets from creditors, like the State or a Nursing Home.

    Even more importantly, they identifying assets as non-countable when addressing your eligibility for VA Benefits.

    Estate Planning Attorney

    Veteran Benefit Trusts

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    If you are a military family and you like the idea of protecting and preserving your assets or accounting for your Thrift Savings Plan, you found the right place.

    Why VA Benefit Trusts Are Irrevocable

    There is a very good reason why a Veteran Benefits Trust is irrevocable. This is done to protect and preserve the asset for beneficiaries.

    In other words, it is a legal arrangement, where assets are transferred by the grantor. Then, the veteran relinquishes ownership and control permanently. This is done to protect the assets.

    Ultimately, a VA benefit trust offers military families an opportunity to preserve and secure their legacy. This can be critical when considering the value of a home, cabin, gun collection, and or financial account.

    Audio About a VA Benefits Trust

    VA Forms for a Veteran Benefits Trust

    In addition to the creation of the trust, a military veteran may need support with communicating the right message between them and the VA.

    Here is a short list of related VA forms often needed when seeking protection under a VA benefit trust.

    Appointment of Claimant’s Representative

    The Veterans Administration uses Form 21-22A to allow a military veteran and or their family member to appointment an attorney as their representative.

    This form is needed for the purpose of working with the VA throughout the eligibility determination process.

    Unfortunately, Aid and Attendance is not a guaranteed benefit. Before applying for this benefit, many military families will seek and or set up a VA Benefit Trust.

    Pension Applications and Non-Service Pensions

    Specific to pension applications, VA Form 21-527EZ is used when the Veteran is applying for non-service connected pension benefits.

    Application for DIC, Death Pension and or Accrued Benefits

    VA Form 21-534EZ is used when the Surviving Spouse of a Veteran or a Veteran’s dependent is applying for non-service connected pension benefits.

    Disclosing Personal Information to a Third Party

    As veterans, our information has been stolen or lost more times than I am willing to acknowledge. To prevent this from reoccurring, VA Form 21-0845 is used to authorize the VA to release information to people other than the applicant.

    Examination for Housebound Status or Permanent Need for Regular Aid and Attendance

    Another difficult component to this process is finding a doctor what is trusted by the Military veteran. For some, this means turning to a VA medical facility.

    For others, a private practice doctor is far better. In either case, documenting needs is governed through a specific VA form.

    VA Form 21-2680 is used by an applicant’s physician to complete and is where the physician will document that the applicant needs assistance with activities of daily living.

    Medical Expense Report

    The military veterans form that details the applicant’s fixed recurring monthly expenses and is needed to demonstrate financial need for pension is called VA Form 21P-8416.

    Request for Nursing Home Information in Connection with Claim for Aid and Attendance

    VA Form 21-0779 must be completed by an administrator at the applicant’s nursing home and it details the type of care the applicant is receiving and confirms his or her residency in the facility.

    Lawyer for a VA Benefits Trust

    Did I mention that I am a military veteran too? Nonetheless, with my VA accreditation, I help and advise Clients with the VA forms referenced above. Again, prior to the completion of these forms, qualifying military veterans and their spouses may decide to seek out a lawyer for a VA benefits trust.

    If you’re searching for an accredited VA attorney, consider contacting this law office for a free visionary meeting. Then, you can share your goals and planning needs.

    Submitting Military Records and Documents

    Of course, being able to review relevant estate matters and military records requires an attention for detail. Many military veterans are unable to utilize or access a computer.

    This law office will facilitate the the most efficient and secure method to assist your needs.

  • VA Look Back Rule Impacts Benefits

    VA Look Back Rule Impacts Benefits

    The VA look back rule changed in October 2018. Starting October 18, 2018, the VA imposed a new rule that negatively impacts Veterans and their families who are seeking benefits through a nursing home. In general, the new rule requires the disclosure of gifts. When a gift is made inside the new look back period, the VA calculates penalties and ineligibility periods. As a result, the look back rule for VA benefits has positive and negative implications.

    Veterans and military families who transferred assets within three years of applying for benefits may unintentionally subject themselves to a 5 year waiting period. Depending on the gift, it might be preferable to wait three years when applying for certain benefits versus getting hit by a VA penalty. Even worse, the penalty period can start over as of the date of the last gift.

    In other words, taking a lackadaisical strategy to veteran benefits can have long term consequences. Therefore, before spending down assets or making asset transfers, consider weighing long term implications with other processes that might offer more opportunity to protect assets.

  • Brain Donations for Military Veterans

    Brain Donations for Military Veterans

    Brain donation is turning into a big topic for military veterans with various battlefield injuries like PTSD and CTE. Some military veterans are doing it as a way to continue their service of others, while other vets want clarity for their family members.

    Regardless, there is a right way and a wrong way to donate one’s brain or any body part for that matter. Unfortunately, military veterans are acquiring bad information.

    If military veterans take the advice in published articles outlined in the American Legion, military veterans in Minnesota might not get what they expected. And, online web designations are making matters worse.

    Luckily, there is an answer.

    Pledging A Brain Donation

    As it stands right now, making a pledge to donate a brain through an online website like CLF or VA-BU-CLF isn’t good enough. There are four significant reasons why:

    • Doing so may contradict other official statements made on a Minnesota driver’s license;
    • Pledging a brain donation may contradict previously created estate planning documents;
    • The donation center selected today might not be around in 5, 10, 20, 30, 40, or 50 years;
    • And, if your Family doesn’t know, nobody knows.

    Veterans Wishing to Donate Organs

    The process for military veterans wishing to donate their organs is a similar process as those who do not. Use a formal document that complies with Minnesota Chapter 525A and clearly express one’s wishes.

    Expressed wishes sometimes show up inside a health care directive.

    Other times, the details of an organ donation are outlined in a specific organ designation form.

    Ideal Practices for Organ Donation

    Ideal practices may include:

    • Making a decision,
    • Having a discussion with key family members (spouse, adult children, etc.),
    • Having a formal document clearly state what is intended by the organ donor,
    • Following the rules under Minnesota Chapter 525A, and
    • Having a written statement that allows the Health Care Agent or Organ Care Agent an opportunity to make choices or changes on behalf of the military veteran if required.

    Future Organ Donations

    For military veterans wishing to make a brain donation, I like to see contingency plans that favors other family members. Unfortunately, many military families cannot predict the future needs of a relative or grandchild.

    Donating a brain today sounds great. But, what if a future grandchild needs a kidney, liver, or cornea? Certainly, every organ donation should allow for other needs, just in case.

    For these reasons and the rules governed under Minnesota Chapter 525A, a brain donation is not as simple as making an online web designation. Instead, include this type of designation to a personalized estate plan.

  • M21 Manual for Veteran Claims Was Revised by the VA

    M21 Manual for Veteran Claims Was Revised by the VA

    M21 is a significant reference for military veterans and their claims for benefits. In a nutshell, M21 is a document that describes the VA process for rendering benefits for all sorts of issues, including:

    For the Vets who know what this document is all about, Veterans confuse sections and parts. If this already sounds confusing, do not be afraid.

    Yes, the manual has many parts and uses a strange numbering system. Do not allow this to be a roadblock.

    Always assume you have an outdated M21-1 Manual. Luckily, Veterans, military families, and VA Benefit lawyers can find updates to the M21 Manual here, which shouldn’t be confused with the VA’s old M21 link.

  • When Health Problems Impact Your Appeal Hearing

    When Health Problems Impact Your Appeal Hearing

    Health problems that even so slightly impair our ability to communicate or think clearly are burdensome to an appeal.  On one hand, you want to bring a strong case.  On the other, you are having difficulties describing the facts because you are overwhelmed by your health.

    In my practice, I hang my hat on what people say and feel.  All attorneys helping others with an unemployment issue must find ways to support those suffering from health problems.

    When health problems impact our ability to communicate with a Judge or an administrator, and the administrative law judge relied on our tainted feedback, applicants can breath new life into their case by raising specific legal issues.

    Laws Supporting Health Issues

    The first rule that stands out is due process.  Due process is as simple as getting a fair opportunity to share your story.  When the opportunity is minimized by one’s health, then there is a breach in due process.

    Sometimes, people use fancy words like being prejudiced or making reference to the US Constitution.  But, let’s skip the formalities and stay focused on the appeal for benefits: when an appeal goes bad because of health problems, people have rights.

    Health Problems and the Hearing

    As you would guess, one of the strongest ways to describe a health problem after the fact is using a doctor’s note or letter.  After all, they are helping you with your ailment or condition.

    Because connecting the dots can be somewhat tricky when there is a lapse in time between care from a doctor and an appeal hearing, showing a history of health issues can be the next best thing.

    The situation that is most difficult is when a person failed to seek help and they do not have a documented history of seeking care.

    Types of Health Problems that Impact an Appeal

    The sky is the limit on the types of issues people experience.  While some are overwhelmed with anxiety, others can be impacted by a toothache or medication.   Again, the key is a health issue that puts us under duress or reduces or abilities to make sound decisions.

    When our health concerns are documented and clarified by a doctor, this can be a very important step towards a second chance with an appeal.

    Thus, do not be ashamed, embarrassed, or something in-between.  Instead, get help.

  • A Business Partnership Might Be Bad for a Veteran Owned Biz

    A Business Partnership Might Be Bad for a Veteran Owned Biz

    A business partnership is a fun phrase to use when you want to engage another person or entity.  On the other hand, using this term incorrectly or failing to address the terms of a partnership can have a detrimental impact on Veteran-owned businesses.

    In general, a biz partnership means two parties what to share profits and losses, including past debts.  Unfortunately, small businesses are fooled into thinking an undefined partnership is a wonderful thing.

    Working towards a common goal sounds great until your quasi-business partnership runs into a snag.

    Avoid Business Partnership Problems

    Here are a ways Veterans can avoid problems:

    • Never use the word “partnership”
    • If a partnership is desired, have a written agreement defining the relationship,
    • Determine whether Minnesota Chapter 321 is appropriate or if a different business statute makes sense

    Business Partnership Success Stories

    Do not get me wrong, there are many examples when a partnership makes great business sense.  The issue is not goal based.

    Instead, a successful partnership starts with understanding expectations.  Failing to define this type of professional relationship can risk piercing a corporate veil or negating the value of using a legal entity in the pursuit of commerce.

  • Can A Veteran’s Spouse Live At My VA Nursing Home Too?

    Can A Veteran’s Spouse Live At My VA Nursing Home Too?

    A Veteran’s spouse is one of the most important people to have by their side.  This is especially true when a veteran enters a nursing home.  

    When the price is right, a veteran seeking a new residence at a nursing home exclusive to veterans usually want their spouse to live with them too.

    Other times, the non-veteran spouse needs assistance before the veteran.  Either way, there are eligibility rules for a Veteran’s Home under Chapter 198 and Minnesota Rules under Chapter 9050.

    Veteran’s Spouse Eligibility

    Generally speaking, here are the eligibility rules for a veteran’s spouse.  A veteran’s spouse is eligible for care through a veteran’s home when all of the following are true:

    • The military veteran must have been a resident of Minnesota BEFORE an application into a veteran’s home is sought,
    • The spouse is 55 years of age or older and a resident of Minnesota,
    • The veteran’s spouse is without adequate means of support, and
    • The spouse is unable to properly maintain for themselves.

    In my experience, a spouse and their family can do a lot of pre-planning to support this process.  Thus, if you or your family need specific feedback or assistance, please contact me directly

  • New LLC Laws in Minnesota Impact Veteran Owned Biz

    New LLC Laws in Minnesota Impact Veteran Owned Biz

    Did you hear about the new LLC laws going into effect in Minnesota?

    Veterans who own a business or have a share in a company that has a Minnesota tie should take note because the statute changes are significant for a biz that has more than one owner or officer.

    Also, Minnesota’s LLC rules and statutes are changing as of January 1, 2018.  Thus, this might become or develop into a significant issue for business owners.

    New LLC Laws: Step 1

    In this process, let me keep the first step simple.  Where can you find the laws that apply to a Limited Liability Corporation?  Thus, here you go:

    • Old MN LLC laws are here.
    • New Minnesota LLC laws are here.

    Simple, right?  In other words, the rules that help us determine what to do and how to do it are as easy as reading the laws and applying them to our business.

    New LLC Laws: Step 2

    The second step for Veterans to determine whether the statute changes impact their business is to review when their business started before or after the year 2015.  For the military vets who do not remember, consider using this website to acquire filings and reports.

    What To-Do with Minnesota’s Rule Changes?

    Luckily, most veterans have their organizational docs organized and easily accessible.  For example, documents like:

    • Articles of Incorporation,
    • Articles of Organization,
    • Annual Renewals,
    • Changes to a Registered Agent or Office,
    • Member Control Agreement,
    • Meeting Minutes,
    • Tax Identification Numbers,
    • Accounting Records, and or
    • Certain Amendments

    On the other hand, if a business owned by Minnesota Veterans have their org docs scattered amongst other documents, then getting organized becomes an immediate priority because Minnesota’s LLC laws are changing effective January 1, 2018.

    Do You Need an Attorney?

    For some businesses, yes.  For others, no.  This really isn’t about lawyering up.  This has more to do with control over compliance issues and keeping the peace amongst owners or and the company’s affairs.

    But, any Veteran willing to educate themselves on the new LLC statutes in Minnesota, I believe the outline shared by our Secretary of State (also called OSS) is an excellent resource.  Thus, check it out here.

  • Dress Right Dress Your Estate Plan

    Dress Right Dress Your Estate Plan

    As you know, dress right dress is a marching command.  Behind attention and at ease, dress right dress is one of the first marching commands we learned in the military.  Do you remember it’s meaning?

    The dress-right-dress command is simple:  are you lined up with what is next to you?  As easy as it might be, wow…I saw a lot of people get smoked for failing to look right.

    Anyways, let’s use this simple command (minus the folks who are getting PT-ed as we speak and apply it to our life as it stands today.

    Dress Right Dress Your Estate Plan

    Before you ship out to Heaven, can you please organize your docs in a specific spot?  Otherwise, your family is stuck waiting for a statement in the mail.  Unfortunately, if you opted out of your monthly statement, the wait might be even more problematic.

    You already know this, but I will share it anyways.  The idea of putting things in order is critical for our children and spouse.  Usually, a spouse can pick up the pieces if this issue gets breached.  Our children, not so much.

    Dress Right Dress Your Home

    It blows my mind how many people are willing to send money to a mortgage company and they fail at filling out a transfer on death deed.  Obviously, these types of forms require a specialized knowledge.  But, they are usually very inexpensive and a lifesaver when crisis mode turns into a funeral.

    Dress Right Dress Your Beneficiary Forms

    If you took one of my community education classes, you already know this.  For those who haven’t, here it is one more time: beneficiary forms usually trump a will.  Even those amongst us who are avoiding a will can agree that acquiring copies of beneficiary forms is easy peasy.

    Finally, if need help with your dress right dress, I am here.

  • Social Security For Veterans: The Faster Way

    Social Security For Veterans: The Faster Way

    Social security for Veterans who are not retired is a very common issue.  In fact, I wish more veterans who have a disability would file and seek social security benefits.

    The intent of this post is to point out a special rule military veterans with a 100% permanent and total (P and T) disability rating.  The rule is simple:  vets with a hundred percent disability rating can seek an expedited claim process for social security benefits.

    For the military veterans who do not have a 100%  disability rating, don’t give up.  Seeking SSDI benefits is a worthwhile process and appealable too.

    Veterans With a 100% P and T Disability Rating

    Whether a Vet files a claim online, by phone, or using a paper application, every applicant seeking benefits should be:

    • Identifying themselves as a Veteran
    • Adding a special remark to their paper application, and
    • Attaching and submitting their VA award letter.

    Social Security for Veterans:  How Long Does it Take?

    Every case is different and there is not a black and white answer.  However, military veterans who have an organized claim with supporting documents from their medical doctor seem to have the most success.

    Sometimes, the Social Security Administration will send a military veteran to a government doctor for an examination.  If possible, having a diagnosis and prognosis outlined by a medical doctor or VA doctor beforehand offers the veteran a better opportunity to acquire an approved claim.

    Social Security for Veterans:  Another Trick to the Process

    In my experience, when SS looks at a Veteran’s claim, they are looking for two facts:

    • The military veteran is unable to work, and
    • The vet has a severe impairment.

    When Social Security reviews the issue about a severe impairment, consider one of these two tests:

    • The impairment is going to last for more than a year, or
    • the impairment that will result in death.

    Veterans Filing Social Security Claims

    Again, there are three ways a military veteran can file a disability claim for Social Security:

    • Apply online HERE,
    • Calling the SSA at 800-772-1213, or
    • Visiting the nearest social security office.

    Social Security for Military Veterans

    Veterans who run into road blocks on their VA claim or social security claim can file an appeal.  If you need help with this process, please contact me directly.

    I wish you the very best.

  • The Difference Between VA Form 22 and VA Form 21-22a is Huge

    The Difference Between VA Form 22 and VA Form 21-22a is Huge

    The difference between VA Form 22 and VA Form 21-22a is as easy as determining whether the Veteran wants an attorney or a Service Officer to represent them during an appeal.

    VA Form 22 is used when a Veteran wants a Service Organization, like the VFW, to represent them.  VA Form 22a tells the VA an attorney is representing the Claimant.

    Why is VA Form 22 Important?

    One of the reasons this VA form is so critical is the fact it helps clarify when and where notices are sent.  In other words, when the VA contacts a military veteran by mail, where should the mailing go?

    Second, this form helps clarify who can speak or file documents on behalf of the Veteran.  If a Veteran’s representative fails to submit one of the above mentioned forms, a filing might go unrecognized.

    As you know, VA benefits are a serious matter.  In my personal and humble opinion, I like the idea of retaining an attorney versus a service organization because VA benefits are supported and protected by federal laws.  As an attorney, I work with laws, rules and the legal process on a daily basis.  Even though service organizations do great work, consitutional provisions and due process isn’t necessarily their strong suit.

    When Can Veterans Use VA Form 22?

    A Veteran can retain a lawyer or service group at any point before or during their appeal process.  In some cases, veterans hire attorneys after their appeal has expired.  But, this is a topic for a different day.

    Regardless, here are links to these forms, which I encourage every Veteran or family member to review:

    • Veterans wishing to hire a service organization can use VA Form 22
    • Veterans wishing to hire an attorney can use VA Form 22-a.

    Replacing VA Form 22 and VA Form 22a

    Yes, these forms can be used to change and revoke a representative.  Even more important, these VA forms can be changed, edited and updated on a regular basis.

    For the Veterans claiming they are not getting mail from the VA, likely updating one of these forms will improve the flow of information.

    If you have questions or need help, please contact me directly.

  • Transgender Veteran Claims and Appeals for VA Benefits

    Transgender Veteran Claims and Appeals for VA Benefits

    Transgender issues in the military received a swift kick in the teeth this week.  On the other hand, because the laws are poorly developed and unclear, transgender military veterans have an advantage.

    Personally, I believe Veterans willing to put forth the work with their VA claim, are going to see a lot of positive outcomes.

    Most military vets know this, but it is worth repeating.  Seeking VA benefits is hard.  Adding a  gender identity issue expeditiously increases the complexity of the claim.  But, it is certainly worth it.

    But, most of this success will not come to fruition until the military veteran is discharged and a claim is filed with the VA.  

    Transgender VA Claims

    As of the date for this post, there are literally, tens of thousands (+10,000) VA cases to search and read.  Would you believe there are only two (2) cases that speak directly to gender identity and transgender issues?

    For those curious, one veteran was somewhat successful (they confirmed a 30% disability rating for PTSD), while the other veteran spent years making the same error.  The value in bringing this to your attention, is to learn from their successes and mistakes.

    Yes, I commend both military veterans for seeking and appealing their VA benefits.  I believe both transgender veterans failed at being more successful with their claims because they focused on the wrong issues.  Here is what I mean.

    Why Veteran Gender Identify Claims Were Denied

    Without knowing the background for either transgender veteran, I believe the appeals were rejected because they, the veterans, focused on events prior to their military service versus issues during their service.  Outlining events related to being a transgender veteran are important.  Attaching a documented concern while serving is more important.

    Successful Transgender VA Appeals

    It is reported that 15,500 people serving in the military right now, claim they have a unique and special gender-related issue.  In my role as a veteran advocate, I cannot stress this enough: gender isn’t the primary issue.  Instead, I believe successful claims look something like:

    • Veterans outlining a physical ailment or injury, or
    • Transgender vets finding a primary mental health issue that started or was aggravated while serving.

    Additionally, military veterans are encouraged to find long-term support outside their VA claim.

    Physical and Mental Health Issues

    Of course, gender definitely highlights physical and mental impairments.  Every veteran has a gender.  Whether the veteran sees value in assigning a term like transgender or gender dysphoria isn’t the starting point for seeking a claim for benefits.

    Instead, start with a physical or mental health issue.

    Long Term Support for Transgender Claims

    Here is what I mean by long-term support:  finding a veteran advocate that can handle a fairly lengthy VA appeal process (both BVA and Court of Appeals).

    Again, whether there is a gender issue or not, a VA claim can take years and years, and worth the fight.  Please contact me directly if you need help with your claim.