How Much Will I Receive If I Am Eligible For A Department Of Veterans Affairs Pension? | Veterans Law Legal Resources

How Much Will I Receive If I Am Eligible For A Department Of Veterans Affairs Pension?

Mon, 13 Aug 2007 23:26:16 GMT

It depends on your income. All of an applicant’s “countable income” – meaning any income received by a veteran and his or her dependents from earnings, disability and retirement payments, interest and dividends, and net income from farming or business. Any deductions will then be subtracted from the total of your countable income. The remaining countable income is deducted from the appropriate annual pension limit which is determined by the number of you

Am I Entitled To Legal Protections Under The Scra?

Tue, 21 Aug 2007 21:28:27 GMT

It depends. Those who qualify for the protections of the SCRA include the following:

Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National guard;
Active service members of the commissioned corps of the National Oceanic and Atmospheric Administration;
Active service members of the commissioned corps of the Public Health Service;
United States citizens serving wi

As A Veteran, Am I Eligible For Home And Business Loans Administered By The Department Of Veterans Affairs?

Mon, 13 Aug 2007 23:32:24 GMT

If you served on active duty during World War II, the Korean War or during the Vietnam era for 90 days or more, were released from active duty for a disability resulting from military service, served for more than 180 days after July 25, 1947 and were discharged for a conditions other than dishonorable, served for 180 days in active duty and continues to do so without a break in duty, or served for 90 days or more during the Persian Gulf War, you will be eligible to receive home or business loan

Can I Hire An Attorney To Help Me Prepare A Claim Or Argue The Denial Of A Claim In Front Of The Secretary Of The Department Of Veterans Affairs?

Mon, 13 Aug 2007 23:35:54 GMT

Yes – but the attorney needs special qualifications in order to be allowed to appear on your behalf. No individual can act as an attorney or as an agent in preparing, arguing or advocating for an applicant regarding a claim that is governed by the laws of the Department of Veterans Affairs, unless they are certified to do so by the Secretary of the Department. To be certified to advocate for a veteran in issues under the administration of the Department an individual must be a

Can I Receive Pension Payments From The Department Of Veterans Affairs If I Am Also Receiving Compensation Payments From The Department For An Injury?

Mon, 13 Aug 2007 23:26:54 GMT

No, you cannot receive both a monthly pension payment and compensation payments for an injury sustained during military service. However, if a veteran applies for and is granted pension moneys, but cannot receive them because he is already being paid compensation, the Department will pay whichever benefit is greater to the veteran.

Can Protection Of The Scra Be Waived?

Tue, 21 Aug 2007 21:33:06 GMT

Yes. A servicemember may waive any SCRA right and protection. Waiver of certain SCRA rights or protections requires a written waiver that meets the applicable requirements of the SCRA.

Do The Protections Of The Scra Automatically Take Effect, Or Must I Take Action To Invoke Scra Protections?

Tue, 21 Aug 2007 21:32:29 GMT

It depends. Many SCRA protections are not automatic and require the member to request the protection in a timely manner. For certain SCRA protections (i.e., interest rates), the member also may have to show that the active military service materially affects the member’s ability to pay.

Does The Scra Offer Any Other Protections In Court Proceedings?

Tue, 21 Aug 2007 21:34:06 GMT

Yes. A member may request the court to reopen a matter and setaside a default judgment (meaning a judgment that was entered against a member, because they could not appear at a hearing or respond to a lawsuit) if the judgment was entered against the member during the member’s active duty period, or within 60 days after the member’s release from active military duty. The member must timely request such relief (i.e., within 90 days from release from active duty

During What Time Period Do The Protections Of The Scra Apply?

Tue, 21 Aug 2007 21:31:56 GMT

SCRA protections generally begin the first date of the active duty period, and may extend from 30 days up to 180 days after the member is released from active duty.

How Do Scra Protections Affect Foreclosures And Repossessions?

Tue, 21 Aug 2007 21:36:53 GMT

If because of active military service, a member breaches the terms of a purchase contract for real property or an automobile, the property may not be foreclosed or repossessed without a court order. The member, under certain circumstances, may request a stay (meaning delay) of the proceedings.

How Do Scra Protections Affect Insurance?

Tue, 21 Aug 2007 21:37:32 GMT

The SCRA provides for reinstatement of health insurance without waiting periods or other penalties, provided the insurance was effective before the active duty period, the insurance was terminated during the active duty period, and certain other conditions exist. The SCRA also provides protection against termination of policy or forfeiture of premiums to members who have individual life insurance policies. For SCRA protection for life insurance policies, the member must submit a w

How Does A Servicemember Or Dependent Request Relief Under The Scra?

Tue, 21 Aug 2007 21:31:13 GMT

In order to request relief under the SCRA, a servicemember or spouse, or both, must provide a written request to the lender, together with a copy of servicemember’s military orders.

How Does Deploying For Active Duty Or Be Ordered To Relocate Affect My Domicile (Legal Residence)?

Tue, 21 Aug 2007 21:38:01 GMT

The SCRA continues the protection the SSCRA granted for domicile and residence. A member can maintain the domicile or legal residence in the state the member resided before entering active duty. A member does not lose the domicile (legal residence) in a state when absence from that state is due to military orders. Members, however, can change his or her domicile if the member meets the conditions for changing legal residence. Legal residence (domicile) should not be co

How Does The Scra Protect Servicemembers From Lenders?

Tue, 21 Aug 2007 21:35:09 GMT

A member may reduce the higher interest rates the member pays for any financial obligation (credit card, loan, mortgage) individually or jointly entered into before active service to six percent (6%) if active service materially affects the member’s ability to repay the financial obligation. In addition, the SCRA prohibits the lender from accelerating the principal amount owed, and forgives (vs. defers) the excess interest payments that would have been due under the higher interes

How Much Can I Borrow If I Am Eligible For A Home Loan Through The Department Of Veterans Affairs?

Mon, 13 Aug 2007 23:33:03 GMT

A qualified veteran can get a no down payment purchase loan up to $417,000 (as of December 31, 2006 – amount usually changes yearly). There is no cap or maximum amount that you can borrow. Lenders may lend qualified veterans up to four times their entitlement through the Department without requiring a down payment. If you have previously received a home loan by qualifying through the Department, and have not used all of your available entitlement, you can receive what is

I Am A Veteran And I Am Homeless. Can The Department Of Veterans Affairs Help Me?

Mon, 13 Aug 2007 23:31:47 GMT

Yes. There are many programs administered by the Department to help homeless veterans find shelter. Additionally, the Department can provide veterans with housing at any of the group homes or property that the Department has secured for such purposes.

I Have Been Charged With A Crime. Can That Affect My Receipt Of Benefits?

Mon, 13 Aug 2007 23:20:56 GMT

Yes. If you have been indicted for the commission of a crime the Department may suspend the distribution of any benefits, and you will forfeit your rights to any benefits, even those which have accrued during military service prior to the commission or alleged commission of the crime that you have been indicted for. However, if you have been indicted for a crime and are later acquitted or the charges are dropped, you can have your benefit payments restored, and recover the past benef

I Have Been Injured During Military Service, And Cannot Get A Job Because Of My Disability. What Services Can The Department Of Veterans Affairs Provide Me?

Mon, 13 Aug 2007 23:28:30 GMT

In addition to a monthly compensation stipend for your disability, assuming your disability is determined to be at least 10% disabling, the Department provides vocational rehabilitation and employment for disabled veterans. These services include job search assistance and various training programs, all at no cost to veterans who are eligible. Generally, a veteran will have 12 years from the time they are notified that they have at least a 10% disability to receive vocational services

I Lied To The Department Of Veterans Affairs So That I Could Receive Benefits. What Can Happen To Me?

Mon, 13 Aug 2007 23:20:11 GMT

If you intentionally make a false statement, or even help someone else present a false statement regarding benefits to the Department, you will forfeit all of your rights and benefits under the laws administered by the Department. In addition, you may have criminal charges filed against you by the federal government and/or by the state government in which you live.

I Served In The Military Am I Eligible For A Pension?

Mon, 13 Aug 2007 23:24:45 GMT

Yes. You can receive a monthly pension if you are a wartime veteran with limited income, and you are permanently and totally disabled or at least 65 years old. A veteran is considered a wartime veteran if they served at least 90 days in the military, at least 1 day of which was during a war time. Additionally, if you were discharged from the military, the discharge must not have been dishonorable. Another requirement, with exceptions, applies to those who entered active d

I Was Injured As A Result Of My Military Services, And Now I Cannot Obtain Life Insurance To Protect My Family. Can The Department Of Veterans Affairs Help Me?

Mon, 13 Aug 2007 23:36:34 GMT

Yes. The Department administers several different insurance programs that help veterans, who would ordinarily be unable to acquire life insurance because of disabilities, obtain life insurance coverage.

I Was Injured While Serving In The Military – Am I Eligible For Any Benefits?

Mon, 13 Aug 2007 23:19:06 GMT

It depends. In order to receive benefits for injuries from the Department an applicant must qualify for “active duty” status as discussed above, meaning they qualify for benefits and services of the Department. Secondly, an applicant for benefits must show that there is a disability, and that the disability is present as a result of service in the military. If your disability developed as a result of service during a period of war, or any time of peace after 1946, the

If I Have Forfeited My Rights To Benefits Under The Laws Of The Department Of Veterans Affairs, What Affect Does That Have On My Family Receiving Benefits?

Mon, 13 Aug 2007 23:22:00 GMT

If you have submitted a fraudulent statement or correspondence to receive benefits to the Department, your dependent family members may still receive benefits, even though your benefits have been forfeited. However, if you are convicted of certain crimes the Department can take away all benefits from you and your family.

If My Deceased Husband/Wife Was A Veteran Am I Entitled To A Pension?

Mon, 13 Aug 2007 23:27:55 GMT

You may be, however, there are qualifications. If you are widowed by a veteran, to receive a Department of Veterans Affairs Death Pension you must not be remarried, and a child of a deceased veteran must not be married. Additionally, the deceased veteran must have qualified for a pension while alive – meaning they could not have been dishonorably discharged and must have served during wartime. The limit on countable income for death pensions applies to the surviving spous

My Husband Was Killed While Serving In The Armed Forces, Do I Have A Right To Compensation From The Department Of Veterans Affairs?

Mon, 13 Aug 2007 23:22:43 GMT

Yes. The Department will pay a monthly stipend to you and your family. This benefit is called “dependency and indemnity compensation.” Spouses and children of persons who were killed during service at anytime after December 31, 1956 are entitled to “dependency and indemnity compensation.” Dependents will also be able to collect a deceased veteran’s benefits that accrued up until the time of death.

My Spouse Who Was A Veteran Has Died. Will The Department Of Veterans Affairs Help Me Cover The Cost Of The Funeral And Burial?

Mon, 13 Aug 2007 23:33:49 GMT

Generally, the Department will cover the costs of burial. However, funeral costs will most likely be left up to those who survive a veteran. The Department can provide headstones and markers for burial and an American flag to drape across the casket of the deceased and can reimburse the survivors of a deceased veteran for expenses related to burial. For veterans who died as a result of their service the Department can give an allowance of up to $2,000. For other veterans

On What Grounds Can The Denial Of My Claim For Benefits Or Services Be Overturned?

Mon, 13 Aug 2007 23:30:51 GMT

If new and material evidence has been presented that affects a previous denial of a claim the secretary can reopen the claim for review and possibly reverse the previous decision to deny the claim. Also, if the Board of Veterans’ Appeals or a court of law finds that a denial of benefits by the Department has been made because of a “clear and unmistakable error,” the decision can be revised or reversed. If a decision regarding a benefit or service claim by a veteran

What Are Aid And Attendance And Housebound Benefits?

Mon, 13 Aug 2007 23:25:25 GMT

Aid and Attendance benefits are paid, in addition to pension moneys, to veterans who require the aid of another person to perform the functions of everyday living, are bedridden by their disabilities, are patients in nursing homes because of mental or physical incapacities, or are blind. Housebound benefits are paid, in addition to pension moneys, to veterans who, because of a disability that is evaluated as 100% disabling cannot leave their own home, or veterans who have a disability that

What Are The Requirements For Filing A Successful Claim For Benefits?

Mon, 13 Aug 2007 23:34:29 GMT

All claims for services or benefits administered by the Department are subject to the review and acceptance of the Secretary of the Department of Veterans Affairs. A veteran carries the burden of proving that he or she qualifies for the benefit or service for which they are applying. If the Secretary determines the application for benefits is incomplete or more evidence is needed to make a decision, the Secretary must notify the applicant, and the applicant will have one year to p

What Is The Servicemembers Civil Relief Act (Scra)?

Tue, 21 Aug 2007 21:27:55 GMT

The SCRA was created in 2003 completely replaced the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) of 1940. The SCRA (and previously the SCCRA) protects those persons who serve on active military duty for the nation’s defense, from adverse consequences to their legal rights that may result because of such service, so that such persons may devote their full attention and all their energies to the nation’s defense. The SCRA strengthens the protections origi

What Is The Veterans Benefits Administration?

Mon, 13 Aug 2007 23:23:19 GMT

The Veterans’ Benefits Administration is the governing body within the Department responsible for administering nonmedical benefits to veterans entitled to benefits. These nonmedical benefits include pension moneys, educational benefits, money lending benefits and insurance benefits.

What Is The Veterans Health Administration?

Mon, 13 Aug 2007 23:24:04 GMT

The Veterans' Health Administration is the governing body within the Department that is responsible for providing medical and hospital treatment for veterans. The Veterans' Health Administration is responsible for the creation and management of hospitals and medical research projects similar to those of civilian medical groups and hospitals. There are a large number of VA Medical Centers throughout the United States that are created and managed by the Veterans' Health Administration.

What Is Veterans' Law?

Mon, 13 Aug 2007 23:17:29 GMT

Obviously, if you are a veteran you are still subject to most of the same criminal and civil laws as the rest of us. However, there are certain laws that apply specifically to veterans. The Department of Veterans Affairs (Department), which is part of the executive branch of the government, administers certain laws that deal with various benefits and services that veterans and their families are entitled to. The head of the Department is given the title of the Secretary of V

What Kind Of Legal Protections Am I Entitled To If I Qualify For The Protections Of The Scra?

Tue, 21 Aug 2007 21:30:31 GMT

The SCRA states that a debt incurred by a servicemember, or servicemembers and spouse jointly, prior tot entering military service shall not bear interest at a rate above 6 percent during the period of military service.
The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemember’s military service, a court may stop the proceedings for a period of time, or adjust the debt. In

What Kind Of Tax Protection Does The Scra Provide?

Tue, 21 Aug 2007 21:38:27 GMT

A member does not acquire a new domicile or legal residence for purposes of income tax when the member’s presence in the state is solely due to military orders. Furthermore, the SCRA prohibits states (where the member is located merely because of military orders) from including military income of a nonresident member to increase the tax liability imposed on nonmilitary income earned by the nonresident member to increase the tax liability imposed on nonmilitary income earned by the no

What Protection Does The Scra Offer Servicemembers From Evictions?

Tue, 21 Aug 2007 21:36:27 GMT

Some states require a court order for a landlord to evict and other states do not require such a court order. The SCRA makes it a requirement for all states that landlords obtain a court order to evict a military member or the member’s dependents during the period of the member’s active duty service. If the member or the member’s dependents meet certain qualifications, the member or the member’s dependents may request a stay (meaning delay) of an eviction a

What Protections Does Scra Provide Servicemembers Who Have Automobile Leases?

Tue, 21 Aug 2007 21:35:34 GMT

The SCRA creates a new protection to allow a member to terminate an automobile lease that the member signed either before or during active duty if the member meets certain conditions. Generally, a reserve or guard member must, after entering the lease, be called to active duty service for at least 180 days or more. An active duty member must, after entering the lease, either (a) receive military orders for a permanent change of station either (i) from the continental United States

What Protections Does Scra Provide Servicemembers Who Have Real Estate Leases?

Tue, 21 Aug 2007 21:36:01 GMT

A member may terminate, without penalty, leases and rental agreements entered into before or during active military service for real estate properties (i.e., residences, businesses) if the member meets certain conditions. Previously, the SSCRA did not permit such terminations if the lease or rental agreement was entered into during active service. Generally, the member must be called to active duty service for at least 90 days, or receive military orders for a permanent change of

What Protections Does The Scra Provide To Servicemembers In Court And Administrative Proceedings?

Tue, 21 Aug 2007 21:33:42 GMT

The SCRA provides for an automatic stay (meaning delay) of at least 90 days upon a proper request from the member in civil administrative and civil matters. The member who is unable to appear in court on the date required because of active military service must request this SCRA protection in writing and include certain information with the request. After receiving the written request, the judge, magistrate or hearing officer must grant a minimum 90 day delay. Unlike the SSC

What Should I Do If My Claim For Benefits Or Services Has Been Denied?

Mon, 13 Aug 2007 23:30:09 GMT

You should file an appeal with the Board of Veterans’ Appeals. This board, which is comprised of judges and attorneys trained in veterans’ law, will review your denied claim for benefits or services and issue a decision that can either affirm or reverse the decision of the office to which you made your claim. The Board of Veterans’ Appeals is the administrative body that handles veterans’ disputes regarding benefits and services administered by the Department

What Type of Life Insurance Is Available To Veterans?

Tue, 01 Mar 2011 18:30:06 GMT

There are several different types of benefits that the Department of Veterans Affairs (“VA”) can offer. These benefits sometimes depend on the status of the person in question (are they on active-duty, a veteran, a spouse, or a dependent). This is far from an exhaustive list, but covers the most common types of benefits bestowed upon veterans and their dependants.

Life Insurance

There are four main types of life insurance.

What Types of V.A. Benefits Are Available In Terms of Medical Treatment For Veterans?

Fri, 08 Oct 2010 21:02:00 GMT

Dependents’ and Survivors’ Benefits

The VA has a Dis

Who Is Eligible For Benefits And Services Under The Laws Of The Department Of Veterans Affairs?

Mon, 13 Aug 2007 23:18:14 GMT

Generally, anyone who has served in the military, and was discharged from service under conditions other than dishonorable. Anyone who has enlisted with any branch of the military after September 7, 1980 must serve or have served continuously for 24 months to be considered on “active duty” and be eligible for the benefits and services that are governed by the Department. Anyone who has enlisted and been discharged before serving continuously for 24 months, or has failed t

Will Creditors Refuse To Lend Me Money Because, As A Member Of The National Guard Or Military Reserve, I Qualify For Indebtedness Protection Under The Scra?

Tue, 21 Aug 2007 21:34:45 GMT

No. Credit agencies are not allowed to identify a member’s status as guard or reserve because such identification may cause a lender to deny or revoke credit, change credit terms or view the credit report negatively.

Will The Department Of Veterans Affairs Cover The Costs Of My Education?

Mon, 13 Aug 2007 23:29:50 GMT

Yes. If you first entered active duty serve after June 30, 1985, you will generally be eligible to have your educational costs covered under the Montgomery GI Bill. If you entered active service between December 31, 1976 and July 1, 1985, you will generally qualify for educational coverage under the Veterans Educational Assistance Program. Military reserve or guard service members will be eligible for covered educational expenses if they signed a six year or more service agreem

Free Military Divorce FAQs

Tue, 21 May 2013 10:15:11 GMT

Free Military Divorce FAQs