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.

  • DOD doesn’t Trust Your Military Power of Attorney Forms

    DOD doesn’t Trust Your Military Power of Attorney Forms

    Military Power of Attorney Forms (POA) are different for each branch of the military.  As I will describe below, I really believe military personnel should have a military version of their POA and a civilian power of attorney.

    None the less, lets quickly break down the military and civil side.

    Because each branch is different, each member of the military is encouraged to take three steps when trying to formalize a POA:

    1. Contact their local JAG office and schedule an appointment,
    2. Follow the formalization steps recommended by JAG, and
    3. Seek out an non-JAG attorney and acquire a document exclusive to a permanent residence

    Military Power of Attorney Forms

    Nobody really knows when or for how long they will be on or at a military installation.  Those living state side or elsewhere are always prone to the requirements of a military installation.

    As a result, I believe a quality estate plan for members of the military includes a completed military power of attorney form.  So you know, each branch uses a different form.

    Thus, here are links for each branch.

    Interestingly enough and as the websites suggest, Marines are trusted with an actual form while the remaining four military branches are asked to make an appointment with their local JAG office.

    Even so, Marines are encouraged to seek out their JAG office too such that they can properly formalize the form suggested by the USMC.

    Civil Power of Attorney Forms

    Lets be clear, using an estate planning document like a POA isn’t used to collect the mail.  Instead, it is used to help us when we cannot help ourselves.  Whether we are sick, injured, or deployed, these types of documents are life-savers.

    For the military personnel with a Minnesota, a free power of attorney form can be found here.  Really though, acquiring a short-form power of attorney and more significantly, a durable power of attorney is a much stronger approach.

    Again, why?  Because those serving in the armed forces (including Guard and Reservists), want to reduce problems and headaches on their family in a time of urgency.

    Why Military need more than one form

    I wish this wasn’t the case, but encouraging landlords, banks, doctors and other professionals who do not work on military bases or near a military installation is challenging.  Also, a lot of folks serving in the armed forces have property (bank accounts, real estate, cars, stuff) spread out.  In other words, we cannot always bring all of our possessions with us when we travel abroad or get deployed.

    For example, if I joined the military and my spouse brought an Air Force power of attorney form to an insurance agent in Minneapolis, the likelihood of the agent understanding what they were looking at is unlikely.  As a result, they might not honor the form.

    On the other hand, if I brought a power of attorney form consistently used in Minnesota (like in this example), I am less likely to have a conflict.

    Again, I certainly wish this wasn’t the case, but experience tells me otherwise.

    Military Power of Attorney Forms Risks

    The risk of having more than one form that shares or expresses a power is contradiction.  If your military power of attorney form contradicts a non-military power of attorney form, then the end goal can come to a halt.

    Here are a few examples of Minnesota military members contradicting their power of attorney forms:

    • Allowing or denying decisions while unconscious,
    • Allowing or denying decisions while incapacitated,
    • Requiring accounting practices, and
    • Durable power of attorney form contradicts a shorter version power of attorney form.

    Why DOD Doesn’t Trust You?

    Any 18-year-old person can find a power of attorney form and fill it out on their own behalf.

    Compare this to a member of the military.  Members of the military are forced to answer a bunch of questions and seek an appointment with their local JAG office.  And, Marines are granted access to a POA form while other branches are not.  I am in favor of customer service, but sometimes we need a POA immediately.

    Other times, a member of the military needs confirmation that their possessions back home are protected even more than their possessions within the confines of a military base.

    I believe taking charge of my own affairs is the best process.

    Military Power of Attorney Forms for Veterans

    No, the above referenced forms are not necessarily the same forms that veterans of the military should be using.

    Therefore, if you are serving in the military and need estate planning support, please contact me directly.

  • Business While Deployed is a Little Easier in Minnesota

    Business While Deployed is a Little Easier in Minnesota

    Managing a business while deployed is an awful stress.  I would think most military business owners know how difficult it might be to keep one hand on a business while the other hand is devoted to the battlefield.  Adding the stress of a legal proceeding can heighten this awful stress.

    Luckily, Minnesota has a rule that helps members of the military while they are deployed on TDY or otherwise.

    Business While Deployed: Protection for Military Reservists

    Minnesota statute 192.056 protects military reservists from Civil Court Proceedings.  From a practical manner, this is what this might include stopping or delaying:

    • Small claims court claims,
    • Contract disputes,
    • Collection matters,
    • Employment issues, or
    • Any other specific court proceeding.

    What About National Guard Business Owners?

    I think members of active duty or serving part-time have a strong argument why the Business While Deployed Rule applies to their deployment regardless whether they are a reservist or a member of the national guard.

    As you can read, the rule uses the term “reservist”.  But, I believe there is plenty of room for interpretation and public policy favors any member of the military.  For what ever reason, Minnesota’s rule applicable to military members owning a business are directed towards a different rule for clarifying when it applies.

    Under Minnesota statute 190.05, the term “military” is supposed to mean active service:

    ‘Active service’ means either state active service, federally funded state active service, or federal active service.

    Now, military members past or present can see the flaws with their definition.  In other words, we are stuck with the unknown when the rule might apply.  As of the date of this post, the rule I am focused on, has never been litigated.

    None the less, I think the most important point specific to the Business While Deployed Rule is this:  Minnesota’s court system is supposed to acknowledge business owners who are deployed and reduce the risk of an unfair judgment.

    At a minimum, I believe public policy supports this interpretation through and through.

    Business While Deployed Extended to Spouses

    Anybody who owns a business relies on support from their significant other.  This support is heightened when we are talking about a military spouse.

    Somewhat exciting for Minnesota’s business owners on deployment is the fact MN Statute 192.056 applies to a spouse too.

    In other words, if I own a business with my spouse and I am deployed, the business owner (spouse or not) can ask the court to delay any and all civil proceedings from taking place. Really, this is a breath of fresh while military families put managing their communications, children and home life in front of any other pending claim.

    Soldiers & Sailors Civil Relief Act

    In case it isn’t obvious, the rules and protection under rule 192.056 is in addition to any rights and benefits military business owners have under the Soldiers & Sailors Civil Relief Act.

    Thus, If you are a military business owner and need support, please contact me for help.

  • Aid and Attendance Benefits through the VA

    Aid and Attendance Benefits through the VA

    Aid and Attendance benefits are fantastically easy to request.  The idea behind today’s article is to share how and what to think about when military families are seeking aid and attendance.

    Thus, I hope you find value in this short outline.

    Aid and Attendance Benefits:  First Issue

    The first issue is determining how to seek this all important benefit.  When I advise a Veteran and their family on this issue, I always ask where the Veteran is living.  Here is why this question is important.

    • If the Veteran (or their spouse / dependent) is living in a nursing home, VA Form 21-0779 is used to request aid and attendance.
    • If the Veteran lives anywhere else, then VA Form 21-2680 is the better form to utilize.

    VA Forms for Aid and Attendance

    Between you and me, I like the second form much better.  First, I believe it gives more control to the family seeking this benefit on behalf of their loved ones.  Second, it requires seeking help from the Veteran’s )or their spouse / dependent) personal medical doctor.

    Compare this to VA Form 21-0779.  Although helpful in requesting benefits, I generally dislike this type of application because it asks the nursing home for their input.

    The point I am trying to make is this: I trust my personal medical doctor more than my nursing home.  Also, experience tells me it is easier to acquire help from a medical professional versus a nursing home administrator.

    Pension Management Centers for VA Benefits

    Once a Veteran and their family has selected the form that applies to their situation, the next step is the process of submitting it to the right people or department.

    Because the aid and attendance benefit aligns with pension benefits, the PMC or Pension Management Center is the place that reviews the VA forms referenced above.  As of the date of this article, there are 3 different Veteran PMC offices and they review issues based on the state where the Vet resides.

    Here is a link to the three Pension Management Centers.

    Nobody is Getting Rich from their Pension

    The greater the disability, the greater the benefit.  Very few military families and Veterans contact me because they are looking to get rich from their aid and attendance benefits.  This is an earned benefit about acquiring help and assistance.

    As a result, I think it is to the Claimant’s advantage to describe their personal situation as a detriment.  In other words, if the Veteran (or spouse / dependent) needs help cooking bathing, using the restroom, etc., then stop the doctor or nursing home administrator from sugar coating the need.  Again, the greater the disability, the greater the benefit.

    Aid and Attendance Benefits vs. Housebound Benefits

    Here is another important and surprising point:  by rule, Veterans and their families cannot receive household benefits in addition to their aid and attendance.  In other words, it is one or the other.  Obviously, the next issue turns on acquiring the benefit that offers the highest monetary return.

    Thus, choosing which benefit is better calls for weighing a hodgepodge of disability ratings and need.

    Do This Before Veterans Need Aid and Attendance

    Before I close, I want Veterans and their families to realize that planning for every life event is hard.  As they say, hindsight is 20/20.  If there is time, I think Veterans, their spouses and dependents should consider acquiring a power of attorney and healthcare directive as soon as possible.

    I make this suggestion because it gives our loved ones power to act on our behalf when we need it the most.  Even more significant, the generic form of these types of estate planning documents are free.  Otherwise, part of my law practice includes drafting more personalized health care directives and related estate planning documents.

    If you and your family need help, please contact me directly.

  • Appealing to the VA for a Service Connected Death

    Appealing to the VA for a Service Connected Death

    Yes, many military families are asked to appeal a service connected death.  At first, receiving a letter from the VA like this can be detrimental.

    On the other hand, setting aside our emotion is critical and sometimes families need help.

    Does a Service Connected Death Matter?

    Absolutely.  This issue isn’t even debatable.

    The Department of Veterans Affairs is wrong, and you know it.  The number one reason cause of a service connected death should be appealed is because it impacts benefits for spouses, children and dependents.  In other words, compensation for dependents and family members.

    Had the service member died as a civilian, they might have wrongful death rights or other tort system rights.  The military doesn’t use this same process.  As a result, appealing the VA for a service connected death is important in the short-run and long run.

    Why is this happening to my Family?

    The letter produced by the VA should not be viewed “gave over”.  In my experience, government agencies deny benefits for one reason:  so the Veterans Affairs Department doesn’t process an invalid claim.

    it is easier for the VA to make families jump through hoops than trying to recoup an overpayment.  In Q1 of 2017, the VA claims they overpaid nearly $1.6 million in benefits.

    Luckily, military families who act fast can appeal the VA’s denial.

    How to Appeal a Service Connected Death Matter

    Unfortunately, there isn’t one right answer on how to appeal a service connected death matter.  This is true because cases can be heard by:

    Generally, military and VA benefits are appealed by filing a Notice of Disagreement (NOD).  I believe the evidence gathering process is just as important as a NOD because facts and laws should support a NOD.

    For example, does a family have a copy of DD Form 1300 outlining the casualty repot?  And, what factual discrepancies can be identified or what facts should have been included in the report?

    Here are other documents that might be helpful during this process:

    • Marriage Certificates
    • Birth Certificates
    • DD 214
    • Medical Records
    • Base Newspapers
    • Dental Records
    • Letters and e-mail Exchanged by Family Members
    • Independent Medical Examiner
    • Mortician Notes
    • Family Medical History
    • Witnesses Reports

    Again, I know these are difficult issues to address during the grieving process.  As a Veteran’s Attorney, I want to help and I wish the entire family the very best.

  • Reduce Military Control over your Children

    Reduce Military Control over your Children

    As parents, it is both exciting and a feeling of helplessness when our children join the military.

    I am a huge proponent of our armed forces and believe there are certain estate planning documents younger people can use to help their parents talk with or step in front of Uncle Sam in case of injury or a medical issue.

    Thus, I encourage all military families to engage their adult children and consider:

    Yes, there are other documents to consider too.  But, this is a great start.

  • Why are Ft. Snelling Headstones Larger for Some Veterans?

    Why are Ft. Snelling Headstones Larger for Some Veterans?

    Some Ft. Snelling Headstones are larger than others.  If you recently visited the Ft. Snelling National Cemetery, perhaps you have seen this too.

    If not, I took a picture for illustration purposes.  In my practice, I help Veterans with their funeral arrangements within an estate plan and inevitably, I will get asked about headstones.

    Thus, I addressed this issue on Twitter too:

    Ft. Snelling Headstones – Some are Larger?

    The answer is very simple:  larger headstone represent a gravesite with more than one veteran.  The picture I posted on Twitter represents a group of Minnesota veterans who died in an airplane crash as one.  

    Likely, you and your family would have wanted this same type of memorial too.

    Ft. Snelling Headstones:   Need to Know

    Really though, I think this is an excellent way to introduce two VA forms that MN Veterans can use and reduce stress on their family.

    If you are able, here are a few VA forms that apply to Ft. Snelling headstones and private funeral arraignment for veterans:

    Therefore, as Veterans consider their funeral directive, I believe including one of these forms can offer significant value to a complete game plan.

  • The Average Veterans Home Cost in Minnesota

    The Average Veterans Home Cost in Minnesota

    Veterans home cost is a 5 step math problem.  If you are afraid of math, do not despair.  The goal is to keep this element of the estate plan simple.

    In Minnesota, the cost for a veteran to live within a nursing home facility is broken into a daily fee.

    The intent of this article is to help Minnesota veterans and their families understand where the daily fee is derived.  In future articles, I will outline eligibility issues and cost waivers.

    Thus, going forward, here is what and how local Veterans nursing homes calculates their daily fee.

    Veterans Home Cost:  Minnesota VA Nursing Homes

    In case your estate planning process started with this article, here is the first major point:  every facility or home has a different cost.

    I know…this sounds more like a non-profit nursing facility, but it is true.

    If your family lives near one facility, then knocking on one door is easy.  If the veteran in your life lives in the Twin Cities, then perhaps there are a few more options.

    None the less, the process of price shopping requires making contact with every veteran’s home.

    Veterans Home Costs: MN Nursing Home Math

    Math can be scary for a lot of people.  Ultimately, I want to highlight four additional points:

    • Minnesota rule 9050.0500 tells us how each VA facility calculates their daily fee,
    • The calculation is based on a 12 month period (starting July 1),
    • The cost per Veteran is calculated into a daily fee, and
    • Each Veteran is billed the same daily fee.

    Many of the military families I serve are surprised to find out each veteran is billed the same daily fee.  Again, I am talking about a daily fee and will address fee waivers based on need and income in future posts.

    Veterans Home Costs:  5 Simple Calculations

    There are 5 basic calculations used to determine MN veterans home costs.  Luckily, military families can start by finding out the following:

    When talking with a veterans nursing home, ask:

    What was the total direct cost for your facility?

    What was the average number of residents last year on any given day?

    Can you tell me what the total indirect cost was at your facility?

  • Caring For Your Dog by using a Veterans Power of Attorney Form

    Caring For Your Dog by using a Veterans Power of Attorney Form

    A Veterans power of attorney form can help another person take care of your dog.  More importantly, the VA form for a POA can help families take care of their Veteran.

    Like you, I am a veteran.  Deep down inside, I believe all of us are afraid of VA hospitals and nursing home facilities in some capacity.  Wouldn’t it be nice if a Veteran’s family could make decisions and stand-up in a time of need?

    The process of granting a person within a family or a person outside a family the ability to care for a Veteran, their dog, or manage their affairs is as easy as adding the Veterans Power of Attorney form to an estate plan.

    Dangers of using a Veterans Power of Attorney Form

    Absolutely, the process of using a VA POA or Living will can be a dangerous proposition too.  In my experience, here are four (4) major dangers for Veterans using a Power of Attorney Form:

    1. Granting power to a person they cannot trust,
    2. The form contradicts another form in an estate plan,
    3. Not having a form or document that helps the Veteran in a specific situation needing attention, and
    4. Failing to fill out the form correctly.

    Preventing problems

    Here is how Veterans can prevent problems:

    • Identify a list of people they can trust,
    • Think through what or when the Veteran needs their help,
    • Ask if the Veteran might require medical attention outside the Veterans medical system, and
    • Will the Veteran’s wishes be impacted if another estate planning document contradicts their intentions?

    What can a Veterans Power of Attorney Form do for me?

    The most powerful form on the planet is likely granting another person power of attorney.  In other words, granting another person a power of attorney might allow them to literally do anything and everything without the other person’s consent.

    On the other hand, the form used by the VA does a “good job” of identifying this risk.  Perhaps more helpful is the fact the VA Form does more than granting a Power of Attorney.

    Yes, additionally, the form used by the VA can grant another person power to make healthcare decisions too.  This person is called a Health Care Agent

    Do Veterans need a Power of Attorney or Health Care Agent?

    Believe it or not, a spouse in Minnesota likely cannot act behalf of their Veteran if the Veteran fails to formalize a document granting their spouse power.  Absolutely, having a power of attorney or health care agent is a personal decision.

    However, many families are surprised to find out their abilities to help a Veteran are limited if certain documents are not included in an estate plan.

    In my practice, I prefer working with Veterans by helping them identify risk, alleviate fear, and have a formal estate document in place while trying to account for as many scenarios as possible.  For example, does the Veteran anticipate traveling abroad, traveling domestically or needing care at a Minnesota Veteran’s Nursing Home?

    Again, each process for each Veteran is going to be different because every Veteran has different wishes.

    Where can you find a Veterans Power of Attorney form?

    Yes, every Vet has the ability to download and print the VA’s form.  The form is number 10-0137 and it can be accessed here.  On the other hand, not every Veteran or family should use this form and I encourage Veterans to ask why.

  • Should I trust Military Legal Assistance with my Will?

    Should I trust Military Legal Assistance with my Will?

    Military legal assistance for your will and estate plan should be used in addition to legal help in your home state.  Not only did I serve active duty in the military, I help members of the armed forces and Veterans with their estate plans.

    Thus, if you are in the military or about to be deployed, consider these issues when trying to decide to engage JAG or military legal assistance for your will.

    When do you need military legal assistance for your will?

    Yes, I believe military legal assistance for your will and estate plan needs is a necessity for every person in the armed forces.

    On the other hand, every person in the armed forces should have an estate plan devoted to their belongings back home too.  For example, a will and a power of attorney.  Why?  Because your loved ones need your help in case of your demise or you are unable to talk for yourself while or before being discharged from the military.

    Why do military members need two estate plans?

    A person needs an estate plan for every State or Country you keep stuff.  If your car is located in Texas, but you have a Minnesota license plate, the rules governing your motor vehicle are going to be exclusive to Minnesota laws.

    If you have a bank account at the Credit Union on your base for fort and also have a bank account in your hometown, your hometown bank will require your loved ones to follow Minnesota laws to access your financial documents.

    If you have children and you want your parents to have the right to visit your children on your behalf, you need a parental guardian plan from Minnesota.

    Yes, contact this law office if you are trying to engage JAG or military legal assistance for your will and estate plan.  This is a necessity because a person in the armed forces likely will have two estate plans to accommodate their duty station and the State where they are from.  

    Advice from JAG and military legal assistance for your will

    If JAG or the person you spoke to about military legal assistance for your will tells you their documents are enough to proceed on a deployment, they are right.  In actuality, you do not need an estate plan to participate on a deployment.

    On the other hand, a person who does not take time to create an estate plan before they are deployed is putting their stuff, property, bank records, health care, and care for their loved ones at risk of problems and undesired chaos.

    Military legal assistance for your will and health care

    Unfortunately, members of the armed forces face dangerous situations and can require medical treatment above and beyond bumps and bruises.

    If you require medical attention and your family needs to seek health records on your behalf, consider seeking a health care directive (also called a living will) to support your wishes and desires in case you are not able to talk on your own behalf.

    What if you live internationally?

    Even if you live internationally, this law office has helped members of the armed forces with ties or connections to Minnesota.  If you need help or advice, please contact this law office for help.