Military Veterans' Lawyer Blog

October 2, 2015

Can I Get Tax-Free “Special Monthly Compensation” (SMC) from VA?

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

What is “Special Monthly Compensation”?

Special Monthly Compensation (SMC) is an additional tax-free benefit that can be paid to Veterans, their spouses, surviving spouses, and parents. SMC is paid by the Department of Veterans Affairs (VA).

It’s Important to Understand SMC

SMC eligibility can materially assist Veterans and their families, including spouses, children, and parents. Here is just one of the SMC monthly compensation rate tables posted by VA (with rates effective as of 12/1/2014). Continue reading

October 1, 2015

Giant Echo? VA Disability Compensation Meeting Scheduled for October 26 -27, 2015 in Washington, D.C.

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

On October 26^th and 27^th, the Department of Veterans Affairs (VA) is holding an Advisory Committee on Disability Compensation meeting. The meeting is open to the public. Last year, not one member of the public attended the meeting…probably because it was in Washington, D.C. This year, the Advisory Committee meeting is still in D.C. and still NOT SCHEDULED FOR BROADCAST to the public. Sounds like VA really wants the Advisory Committee to hear from you about problems with disability compensation.

Date & Time: Monday, October 26, 2015 & Tuesday, October 27, 2015. The meeting is scheduled for 8:30 a.m. – 4:30 p.m. both days. Continue reading

September 30, 2015

Appealing VA’s Denial of Your Disability Claims – Demand Your Rights

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

Veterans: Is the deck stacked against you?

The U.S. Court of Appeals for Veterans Claims (CAVC) has unique statutory authority. Unlike any other federal appellate court, individual judges – not panels of judges – can decide Veterans’ appeals. This means, unlike any other set of citizens in the land, Veterans are singled out for discriminatory treatment by the one court which reviews decisions made by the Department of Veterans Affairs (VA). Continue reading

September 29, 2015

VA Is Not Really Reducing The Claims Backlog

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

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Has VA Really Reduced The Claims Backlog?

The Department of Veterans Affairs (VA) proudly advertises that the disability claims backlog is now under control. Under Secretary for Benefits Alison Hickey has stated categorically that VA’s goal is to eliminate the claims backlog by the end of 2015 – “meaning all Veterans will receive timely and accurate decisions on their disability claims.”

How is this miracle possible? The answer is, it’s not possible. VA is not offering timely and accurate decisions on disability claims. Here is how they are really addressing the claims backlog: Continue reading

September 28, 2015

Women Veterans – How VA Is Shortchanging Your Claims

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

Photo credit: https://www.flickr.com/photos/kubina/414211811

On March 13, 2015, H.R. 1356 “Women Veterans Access to Quality Care Act of 2015” was introduced in Congress. Among other mandates, if passed this bill would require the Department of Veterans Affairs (VA) to ensure every VA medical center has a full-time obstetrician or gynecologist.

Can you believe it? It would take an act of Congress to ensure that VA’s medical centers have at least one full-time obstetrician or gynecologist on staff? Continue reading

September 25, 2015

No Choice With VA’s Veterans Choice Program

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

My ride to the VARO is here!

A little over a year ago, on August 7, 2014, the “Veterans Access, Choice, and Accountability Act of 2014,” P.L. 113-146, was signed into law. The so-called “Choice Act” was intended to improve Veterans’ access to medical services from the Department of Veterans Affairs (VA).

An important part of the Choice Act was allowing Veterans to use private physicians if they were unable to schedule an appointment at a VA medical facility within specified wait-time limits, or lived more than 40 miles from a VA medical facility, or met other eligibility criteria for using a non-VA physician.

More than a year from enactment, has the Choice Act helped Veterans? No, not really. Why? Because VA’s rules still create obstacles to letting Veterans use non-VA medical services. Continue reading

September 24, 2015

Texas Businesses: Avoid Trouble With Your On-Line Advertisements

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

What if you bought a refurbished concrete pump from someone who advertised it on a classified-advertisement website? What if the pump cost over $100,000? What if it turned out the pump was not refurbished and the seller wasn’t an authorized dealer as claimed?

In a recently filed Galveston County Circuit Court case – Case No. 15-CV-0465 – exactly this issue and these questions have been raised in a dispute involving sale and purchase of a Schwing BPA-500 concrete pump via an advertisement on Craigslist.[1] What would you do if you were the purchaser? The seller? How would you protect either your purchase or your sale? Continue reading

September 23, 2015

Six Easy Ways to Lose Your VA Benefits

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

Count to 10!

1. Don’t Make a Claim. Ever. This is probably the most common way Veterans miss benefits to which they are entitled. The Department of Veterans Affairs (VA) will not contact you with information about how to claim benefits. No one will pass along your service information to VA. The entire burden of asserting a claim and initiating the benefits process rests entirely on you.

The sad fact is that VA is not responsible for any disability you have – if you do not make a claim. Bottom line? No claim = no benefits. Even worse, benefits only start counting from the time you file a claim! So – waiting to file a claim for benefits only means you and your dependents will receive LESS. You will not receive back pay worth millions if you wait 20 years to file your claim. You’ll only have lost out on all those benefits. Continue reading

September 22, 2015

Texas Tenants: Protect Your Rights When You’ve Been Wronged!

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

As a tenant, everything is good until it’s not. That’s when you finally read the fine print in your rental agreement. That’s when you discover maybe you aren’t covered for things you thought you were.

What are some common landlord-tenant issues? Obvious problems include evictions, a landlord’s refusal to return your security deposit, or your landlord’s mistaken entry and removal of your property. Other challenges can include a landlord’s failure to repair conditions that materially affect your health and safety. Continue reading

September 21, 2015

VA’s Upcoming Changes to Pension Benefits: Are You Prepared?

by Eleanor K. Meltzer for the Law Office of Robert B. Goss

Are you prepared?

Constant vigilance is important in any estate plan involving Veterans benefits. Earlier this year, the Department of Veterans Affairs (VA) published a proposed rule to amend its regulations governing entitlement to certain pension benefits.

Why is VA proposing changes now to an institution designed to assist wartime Veterans, their surviving spouses, and their children? VA specifically states it plans to change pension rules under the Veterans’ and Survivors’ Pension Improvement Act of 1978 because “we have received information that, under current regulations, claimants who are not actually in need may qualify for these needs-based benefits.” VA further notes that pension changes will go beyond administration of this particular Act, stating, “[f]or clarity and consistency, some of the changes we propose would apply to other needs-based benefits as well.” Continue reading