Paul O. Dillon, Attorney at Law

Why Don’t Some Border National Guardsmen Receive Veterans Benefits?

In April 2018, President Trump ordered 2,000 National Guard troops to the U.S.-Mexico border to help Homeland Security.

However, Colorado Public Radio’s recent article, “Even After Years In Uniform, Some National Guardsmen Don’t Get Veterans Benefits,” reports that some of those guard troops who worked along the border in uniform may never meet the federal definition of a veteran.

To qualify for Veterans Affairs benefits, such as health care or GI Bill education benefits, individuals are required to serve 180 days continuously on active duty. That means being requested by the federal government under specific circumstances.

National Guard troops are usually under the control of a state's governor, who can call them up to help with natural disaster. However, there are a variety of orders that can be used to mobilize Guard members. Despite the fact that President Trump called guard troops to the border and the federal government paid for the operation, in most cases, the kind of orders they were under do not qualify those troops for benefits.

Representative Mike Levin, a California Democrat, chairs a veterans subcommittee that recently held a hearing on the issue.

"We haven't followed a very basic principle," Levin said, "which is if you're expected to be doing the same sort of thing, putting your life on the line for whatever particular mission, I believe you should be able to get the same pay and benefits."

Representative Levin said Congress has been slow to respond to the changing role of the guard, which has been used more consistently since the terrorist attacks on Sept. 11, 2001.

"The expectations and the demands placed on our national guard and reserves that perhaps weren't there previously, we have to make sure that federal policy reflects that," he said.

In 2016, Congress changed the law, so anyone who retires from the guard or reserves after 20 years has honorary veteran status, no matter the amount of time they spent in active service. However, this legislation didn’t allow them to qualify for federal benefits.

The federal benefits that guard troops often aren't eligible for, include long-term mental health care in the VA health system. The Veterans Administration estimates that there were 919 suicides in 2017 among guard and reserve members, who never achieved veteran status.

Reference: Colorado Public Radio (November 29, 2019) “Even After Years In Uniform, Some National Guardsmen Don’t Get Veterans Benefits”

Will Veterans Get a Cost-of-Living Increase?

President Donald Trump recently signed into law the annual Veterans’ Compensation Cost-of-Living Adjustment Act. This measure guarantees that several veterans benefits will see the same annual boost as Social Security recipients.

The Military Times’ recent article asks the following: “Veterans benefits will see a cost-of-living bump this year, but how much?” According to the article, the veterans benefits covered include disability compensation, compensation for dependents, clothing allowances, and dependency and indemnity compensation checks.

The measure is typically merely a formality—it passed Congress again this year with no opposition. However, the bill is required annual work for lawmakers, because federal statute doesn’t link annual COLA increases for the two separate payouts.

Legislative efforts in recent years to make the increases automatic for veterans haven’t been successful.

Navy veteran Elaine Lauria, D-Va., sponsored the measure. She termed it an important way for lawmakers to honor their commitment to individuals who served honorably in the armed forces.

“Providing quality benefits to our veterans and their dependents can change lives,” she said.

The official cost-of-living boost for Social Security beneficiaries won’t be announced, until next month. However, multiple analysts have said they expect it to be below the 2.8% adjustment awarded last year.

The annual COLA calculation is based on a series of economic indicators. This includes the private sector wage growth.

In the last 10 years, Social Security recipients (and those getting veterans benefits) have had no annual increase three times. It has only gone above 2% twice in that time.

In many instances, lawmakers don’t finalize the link between the veterans’ cost-of-living increase and the Social Security one, until later in the fall after the figure has been announced.

However, due to the timing of check distribution and the federal calendar, the increases in veterans’ benefits will be seen in individuals’ December payouts.

Reference: Military Times (September 30, 2019) “Veterans benefits will see a cost-of-living bump this year, but how much?”

How Will New Legislation Help New Jersey Veterans?

TAPinto.net’s recent article, “New Law Will Assist NJ Veterans with Housing, Legal Services” reports that one of the laws in the Garden State that’s designed to assist vets, is the Securing Electronic Records for Veterans Ease (SERVE) Act. This law will require landlords to count federal military or veteran housing allowances as income, when evaluating a prospective tenant who is a military service member or veteran.

“The benefit of this law is that it will help veterans secure rental housing,” said John Armato (D-Atlantic). “It is also beneficial to those military service members or veterans that are full-time students who often have limited or no income.”

“Our veterans have made so many sacrifices for our country,” said Assemblyman Vincent Mazzeo (D-Atlantic). “We should always look for ways to make their lives easier. They have earned and deserve such consideration.”

The second law modifies the current law for the New Jersey Homeless Veterans Grant Program. It directs the Adjutant General of the Department of Military and Veterans’ Affairs (funds permitting) to enter into contracts with public or private entities to fund some of the legal services that these entities provide to homeless veterans and veterans at risk of homelessness.

“New Jersey has between 1,500 and 2,000 homeless veterans,” said Armato, a U.S. Air Force veteran, who served in the Philippines Islands and Korea. “These statistics are unacceptable, and this law looks to correct such disturbing figures by helping these veterans get the services that they need and deserve.”

The Adjutant General would make certain that, to the extent practicable, contracts signed under this section are made with entities located in the northern, central, and southern regions of the state. The legal services would include legal services for the following:

• Housing issues, including eviction defense, representation in landlord-tenant cases and representation in foreclosure cases;
• Family law, including assistance in legal proceedings for child support, divorce, estate planning and family reconciliation;
• Income support including assistance in obtaining public benefits; and
• Criminal defense, including for matters symptomatic of homelessness, like outstanding warrants, fines and driver’s license revocation.

The bill also calls for helping vets with any other legal services, as the Adjutant General deems appropriate.

“Sadly, our veterans comprise some of the highest rates of unemployment, homelessness and suicide in our communities,” said Assemblyman Joe Danielsen (D-Middlesex, Somerset) who served in the U.S. Army Reserves’ 78th Division here in New Jersey and comes from a long line of veterans in his family. “We must continue looking for ways to better serve our veterans, and this legislation is a step in the right direction.”

Both laws will take immediate effect.

Reference: TAPinto.net (August 5, 2019) “New Law Will Assist NJ Veterans with Housing, Legal Services”

Do Veterans Need to Pay for Help to Apply for Benefits?

The Tribune-Review’s article, “Veterans don’t need to pay for help to apply for benefits in Pa,” explains that the issue of military veterans being charged when applying for benefits is a common problem in Pennsylvania. There are about 800,000 veterans in the Keystone State.

The article warns that there are still some who attempt to profit, by assisting veterans to sign up for their benefits.

Veterans should never have to pay to apply.

In January, an Allegheny County company was fined $10,000 after an employee fraudulently represented that he was an accredited veteran service officer. Some of the claims handled by the Allison Park firm were from Westmoreland County.

Veterans should ask for assistance only from an accredited veteran service officer, an attorney accredited by the VA, or an accredited claims agent. These agents provide veterans and their dependents free assistance to identify, determine eligibility for and apply for a wide range of benefits on the local, state and federal levels. That benefits include the following:

• Burial allowances;
• Grave markers and headstones properly requested and placed;
• The Disabled Veterans Real Estate Tax Exemption Program;
• Veterans Emergency Assistance;
• Pensions for blind and paralyzed veterans;
• The Education Gratuity Program;
• Service connected disability and non-service connected disability pensions;
• Federal health care benefits; and
• Survivor benefits.

You may be eligible for VA benefits, if you’re a uniformed servicemember, veteran, or spouse, child, or parent of a deceased or disabled servicemember or veteran.

A summary of benefits can be found at the Veterans Affairs website: https://benefits.va.gov/BENEFITS/benefits-summary/SummaryofVABenefitsFlyer.pdf.

Reference: (The Tarentum, PA) Tribune-Review (May 17, 2019) “Veterans don’t need to pay for help to apply for benefits in Pa”

Do Veterans Need to Pay for Help to Apply for Benefits?

The Tribune-Review’s article, “Veterans don’t need to pay for help to apply for benefits in Pa,” explains that the issue of military veterans being charged when applying for benefits is a common problem in Pennsylvania. There are about 800,000 veterans in the Keystone State.

The article warns that there are still some who attempt to profit, by assisting veterans to sign up for their benefits.

Veterans should never have to pay to apply.

In January, an Allegheny County company was fined $10,000 after an employee fraudulently represented that he was an accredited veteran service officer. Some of the claims handled by the Allison Park firm were from Westmoreland County.

Veterans should ask for assistance only from an accredited veteran service officer, an attorney accredited by the VA, or an accredited claims agent. These agents provide veterans and their dependents free assistance to identify, determine eligibility for and apply for a wide range of benefits on the local, state and federal levels. That benefits include the following:

• Burial allowances;
• Grave markers and headstones properly requested and placed;
• The Disabled Veterans Real Estate Tax Exemption Program;
• Veterans Emergency Assistance;
• Pensions for blind and paralyzed veterans;
• The Education Gratuity Program;
• Service connected disability and non-service connected disability pensions;
• Federal health care benefits; and
• Survivor benefits.

You may be eligible for VA benefits, if you’re a uniformed servicemember, veteran, or spouse, child, or parent of a deceased or disabled servicemember or veteran.

A summary of benefits can be found at the Veterans Affairs website: https://benefits.va.gov/BENEFITS/benefits-summary/SummaryofVABenefitsFlyer.pdf.

Reference: (The Tarentum, PA) Tribune-Review (May 17, 2019) “Veterans don’t need to pay for help to apply for benefits in Pa”