how an attorney can help a veteran

by Jovanny Labadie 10 min read

How an attorney can help secure veteran’s benefits

  • 1. An attorney knows the system As with anything, there is a learning curve when it comes to navigating the military system for providing compensation, pensions, education and medical care that veterans deserve. ...
  • 2. An attorney can explain the process Since experienced attorneys have fought for veterans previously, they can walk you through the process. ...
  • 3. An attorney can fight for what you have earned

Full Answer

Do you need veterans benefits lawyer?

You should be aware that you don’t always need a lawyer in a VA case. If you are filing for the first time for benefits, you may be able to handle the case on your own or with the help of a Veterans Service Representative (VSO). These representatives offer free legal services to veterans—you do not have to be a member of their organization.

How to help my local military veterans?

Visit Wounded Vets in a Nearby VA Facility

  • Say Thank You and Mean It. One of the easiest ways to support veterans is a simple thank you, as long as it is heartfelt and sincere.
  • Fight Homelessness, Eviction, and Foreclosure among Veterans. ...
  • Donate your Time to a Veteran Organization. ...
  • Volunteer your Services to Help Vets in Need. ...
  • Spend Time with a Vet and Take the Time to Listen. ...

Can veterans get any help with a bankruptcy?

Bankruptcy is a difficult financial reality for many people, including America's veterans. Luckily, in some cases special provisions are in place for veterans to help them get loans, so long as they meet certain conditions. Exceptions for U.S. veterans who have filed bankruptcy are governed by article 522(b)(2) of the Bankruptcy Code.

Does the Veterans Administration offer legal assistance?

the national veterans legal services program (nvlsp) offers pro bono legal help to veterans with proceedings before military administrative discharge boards, military medical and physical disability evaluation boards, military discharge review agencies, va regional offices, the board of veterans' appeals, and the courts that review the decisions …

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Is Jag available to veterans?

Every military legal assistance office provides free legal assistance to eligible personnel regardless of his or her branch of service. For example, a Marine can obtain legal assistance from an Army JAG, just as a soldier can receive legal assistance from a Marine JAG.

Can military retirees use Jag?

Leaving the Military? Military retirees can and should obtain legal assistance on most personal legal matters such as wills, powers-of-attorney, filing federal and state income taxes, and reviewing contracts.

Who qualifies for legal aid in VA?

These include:Your household income must be below the federal poverty guidelines.Your household assets must be below the guidelines.You must live in or have a case in our Service Area.You must be a U.S. Citizen or meet one of our non-citizen exceptions.Your must have a case within our Case Acceptance Guidelines.

Can a military spouse use Jag?

Like many confusing benefits rumors, there is some truth to what you heard — and some misinformation. The most important thing to know is that military spouses can get some legal assistance from the Judge Advocate General (JAG) even if their service member sought help there first.

What is the military JAG program?

The Army Judge Advocate General's Corps (JAG Corps) is a different kind of law firm. Since its founding in 1775, the JAG Corps mission has been to represent the legal interests of Soldiers and the U.S. Army with unmatched strength, courage, character and commitment, and unsurpassed knowledge of the law.

Is Jag and legal the same?

Legal assistance means that you can meet with an attorney, get legal advice, and have certain legal documents prepared for you. The attorneys are called judge advocates, or JAGs.

How do I get a free lawyer in Virginia?

You may also call 1-866-LEGLAID (1-866-534-5243) to reach your local legal aid office.

What is the financial limit for legal aid?

If your monthly income, excluding PIP or DLA is above £2657 you will not be eligible for legal aid. If your income is less than that, your expenditure will be assessed to see if you are eligible.

What is a pro bono lawyer?

To qualify for free legal assistance, a person must comply with a 'means test' (a maximum monthly or no income) and have a legal problem with merit. You will be referred to an attorney by the Legal Practice Council who will assist you free of charge (pro bono).

What is the 10 10 10 rule in the military?

There is something known as the 10/10 rule in such divorces. The 10/10 rule allows former spouses of military members to receive a portion of the ex's military retirement pay. This is paid directly from the Defense Finance and Accounting Service and is court-ordered in military divorce cases.

What is the 20/20 15 rule for military?

20/20/15: Under the 20/20/15 rule, you keep TRICARE health care benefits for one year if: You were married to the service member for at least 20 years, The service member served in the armed forces for at least 20 years, and. The marriage and the period of service overlapped for at least 15 years.

Can my ex wife get half of my VA disability?

Disability Benefits Not Subject to Marital Property Division Under the Uniformed Services Former Spouses' Protection Act, VA disability payments are exempt from being treated as marital property and cannot be divided as part of a divorce.

How hard is it to get into Jag?

Depending on the service branch, the acceptance rate for JAG Corps applicants is typically between 4-7%. The Army, for instance, receives about 4000 applications every year and only accepts around 200.

Can the military recall retirees?

Though it does not occur often, military retirees of all ages can be recalled to active duty to face court-martial charges. Generally, the civilian justice system processes military retirees acting with misconduct.

Can JAG represent you civil matter?

The answer to this is: Sort of. Every military post has an on-base JAG assistance office that exists to aid service members and their spouses with both civilian and military legal matters. When it comes to military divorce, JAG officers can't help you file, but they can offer advice and counsel.

What rank do JAG officers start at?

First LieutenantsNew Army Judge Advocates enter service as First Lieutenants (O-2) and are promoted to Captain (O-3) six to nine months later. Officers receive a raise in basic pay upon promotion to Captain and receive automatic pay increases after serving 2, 3, and 4 years.

What is post-traumatic stress disorder?

PTSD is a mental health issue that some individuals develop after experiencing or witnessing a traumatic or life-threatening event. These events often include combat, natural disasters, car accidents, or sexual assault. According to the U.S. Department of Veteran Affairs (VA), anybody can develop PTSD, no matter who they are or how old they are.

What are the symptoms of PTSD?

Symptoms of post-traumatic stress disorder typically appear soon after a traumatic event, but for some, they may not show up for months or even years. When symptoms last longer than a month or begin to interfere with everyday life, an individual may be diagnosed with PTSD.

When PTSD leads to violence

Post-traumatic stress disorder is a serious mental disorder that can change a person entirely. Sadly, PTSD can also lead a person to commit acts they would never commit otherwise. NPR reports that there is a definite link between PTSD and violence, and that veterans with PTSD are three times more likely to be violent.

Central Texas veterans court programs

Texas has what’s called a veterans treatment court program for certain defendants and charges. An experienced Killeen attorney can help you with this program, determining if you qualify and helping you get the care you need to treat your PTSD – outside of jail.

Why do vets hire lawyers?

That’s why so many vets decide to hire a lawyer who knows the appeals process inside and out. They can guide the claim to a successful resolution while the veteran focuses on managing their disability and spending time with their loved ones.

What can an attorney do for disability?

An attorney can help you navigate the appeals process as quickly as possible and recover all the benefits you need to manage your disability or injury.

How much does a veteran get for disability?

Veterans can receive anywhere from $142 (for 10% with no dependents) to $3,684 per month (for 100% with four dependents), depending on their disability rating and number and type of dependents. Benefits are tax-free, and individuals may receive both Social Security Disability (SSD, SSDI) and veteran’s disability at the same time, with no offset.

What happens if a veteran doesn't approve of the decision rendered by the DRO?

If the veteran doesn’t approve of the decision rendered by the DRO, they can appeal further to the Board of Veterans Appeals (BVA). The claimant is permitted to bring a representative — such as an attorney — to the meeting. If a claimant is denied again, they can appeal once more to the U.S. Court of Appeals for Veterans Claims (CAVC). Note that there are very small windows of time between each of these steps, and if a service member misses a deadline, they may become ineligible for benefits.

How long does it take for VA to approve a disability claim?

As you may know, the VA can take months or even years to approve a disability benefit claim. For that reason, they usually award benefits retroactively for the time period between when a veteran applied and when they were approved.

Why does the VA deny claims?

They also award inadequate benefits because of mistakes made on application forms, or because a veteran failed to demonstrate the full extent of their injuries. Don’t let that happen to you. The VA appeals process is confusing and time-consuming.

What are the benefits of a veteran?

The VA offers a wide range of benefits and services for the spouses, dependent children, and dependent parents of deceased veterans. These benefits include the following: 1 Education Program Refund 2 Civil Service Preference 3 Commissary and Exchange Privileges 4 Burial-Related Benefits 5 Dependency and Indemnity Compensation (DIC) 6 Parents’ DIC 7 Death Pension 8 Education and Training 9 Healthcare 10 Home Loan Guarantee 11 Life Insurance Proceeds

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