VA Benefits - Serafini, Michalowski, Derkacz & Associates, P.C.

VA Planning After “The Lookback”

Serafini, Michalowski, Derkacz & Associates — Thu, 23 Jan 2020 22:47:22 GMT

A year into the “new VA regulations” it is clear that planning for VA benefits is still a viable longterm care planning strategy. On October 18, 2018 as part of a comprehensive plan to help reorganize the Department of Veterans Affairs and benefit programs themselves, the VA finally adopted new regulations affecting the non-service related improved compensation benefit program or as we refer to it, A&A (aid and attendance).

Among the changes:

A three (3) lookback period.
Changes to who can be a caregiver.
A new “bright-line asset test” of $126,420.00

Following these changes, more people were able to apply and receive benefits without planning. However, planning is still important to not only remain eligible to receive benefits , but to also begin planning for Medicaid benefits–if nursing home care will be required in the future.

Most strategies will still involve supplementing your estate plan with an irrevocable trust to not only protect the assets that you have if you are under the new $126,420.oo threshold, but to also protect your home if in the event that it is sold AFTER you have already qualified for these benefits.

If you are residing in Michigan, a veteran, or family of a veteran either receiving these benefits or in need of VA A&A benefits, then you should call our office to learn more about longterm care planning. 866-529-ELDR or 586-264-3756.

New VA Mobile App Makes Health Care More Accessible for Veterans

Serafini, Michalowski, Derkacz & Associates — Fri, 01 Sep 2017 04:00:00 GMT

There is a new mobile system that veterans can utilize in order to access healthcare services from their mobile devices. The Veterans Affairs Telehealth Services can now be accessed by app, making it easier for patients to schedule visits from as many as 50 types of health care services remotely.

Last year alone 700,00 veterans received care through telehealth services. Leaders of the VA hope that with this mobile app, accessibility of medical services continues to improve for veterans across the nation, making it even easier for veterans to receive the help they deserve.

If you or a veteran you know is unsure of their rights or in need of home assistance please contact SMDA for a free consultation so we can help you receive the appropriate assistance.

VA Expands Agent Orange Exposure List

Serafini, Michalowski, Derkacz & Associates — Mon, 23 Nov 2015 05:00:00 GMT

Michigan Vietnam Veterans that were exposed to Agent Orange may now have the ability to file for benefits. The Department of Veteran’s Affairs recently expanded its list of ships that were subject to Agent Orange exposure during the Vietnam era. This is good news to Navy Veterans that were denied benefits in the past.Attached is the new database which includes the new ship listings. http://www.publichealth.va.gov/exposures/agentorange/shiplist/list.asp

If you are residing in Michigan and were denied benefits related to Agent Orange exposure PRIOR TO AUGUST of 2010, please call, we can assist you with an appeal for benefits, or direct you to another that can.

Additional VA Benefits

Serafini, Michalowski, Derkacz & Associates — Wed, 11 Nov 2015 05:00:00 GMT

We frequently come across others that assist veterans with benefits other than non-service connected benefits like aid and attendance. Benefits provided by the GI Bill or through the service connect programs can also assist veterans with service connected illnesses, injuries or conditions. One such benefit provided by the VA is the VA loan and mortgage program.

For more information contact Jeff Zimmerman at Simple Mortgage. Mr. Zimmerman specializes in VA loans and mortgages. As a special thank you to veterans, anyone who utilizes Simple Mortgage for a purchase or refinance between now and the end of the year and mentioned your blog will receive a $500 visa gift card at closing!

Michigan Vietnam Vets Agent Orange Exposure

Serafini, Michalowski, Derkacz & Associates — Sun, 01 Mar 2015 05:00:00 GMT

Michigan veterans may be able to file presumptive claims related to exposure to herbicides from their service in Vietnam. In august of 2010, the VA released a list of over thirty (30) presumptive conditions associated with exposure to Agent Orange and other herbicides.

The VA also tweaked its rules with regard exposure to these herbicides to include naval and other veterans that did not have “boots on the ground” during the Vietnam era. A great example are United States Navy Veterans. Blue Water Veterans are those who served in deep water, but did not actually dock or set foot on land in Vietnam; whereas, Brown Water veterans patrolled the inland shoals and waterways.

Brown Water veterans are covered by statute related to presumptive conditions; whereas, Blue Water veterans must prove that they were directly exposed (forming a nexus) and are not covered presumptively, with the exception of those with non-Hodgkins lymphoma (which is presumptive to Blue Water service).

In presumptive cases, the Blue Water veteran must have set foot on ground or served on ships that went into the waterways-the burden is on the veteran to prove he or she was actually on a ship that was in these waterways. The VA has provided a list of ships that may qualify. You may click on this link to be forwarded to these lists.

Any veteran who can prove direct exposure to Agent Orange or another herbicide can still be granted benefits, but would have to prove the exposure and associated medical condition.

If you are a Michigan Veteran and need assistance in the Detroit area or West Michigan, please call 1-866-529-3537; (586) 264-3756; or, (616) 931-3670.

Michigan Veterans and Agent Orange, Agent Purple, Agent Pink, Agent Green

Serafini, Michalowski, Derkacz & Associates — Thu, 29 Jan 2015 05:00:00 GMT

As most Michigan Veterans are aware, Agent Orange was not the only herbicide used in Vietnam. There was also Agent Purple, Agent Green, and Agent Pink, which were part of the “rainbow herbicides” used to defoliate the jungle of Vietnam Nam. Purple and Orange were also used in Canada.

Agent Purple was used before Agent Orange came on the scene, between 1962 and 1965.

Recent changes to the federal code of regulations governing VA benefit eligibility may allow Veterans exposed to herbicides to recover benefits due to exposure while in service. 38 CFR 3.309(e) states exposure to “herbicides”…not specifically to Agent Orange; therefore, exposure to Agent Purple should also be covered if the veteran served within the presumptive time frames covered in statute.

As a result, if you are a veteran and are now suffering from complications that you or your physician believe are related to exposure to herbicides used during the Vietnam era, you may be entitled to VA service connected benefits-EVEN if you previously made a claim and were denied benefits.

Another recent change to the law in August of 2010 opened the door to Veterans that suffer from over 30 itemized conditions that are now known as presumptive illnesses resulting from such exposure. Therefore, if you are a Veteran with a “presumptive illness” and have field a claim prior to August of 2010 and were denied, you most likely, can re-file for benefits from the date you filed your previous claim moving forward. Further, if you are a Veteran suffering form a presumptive illness and have never filed a claim it is now time to file.

We can help. Our attorneys are accredited with the VA. Please call SMDA P.C. at 1-866-529-ELDER; or locally, in Metro-Detroit (586) 264-3756 or West Michigan (616) 931-3670.

Thank You Veterans

Serafini, Michalowski, Derkacz & Associates — Tue, 11 Nov 2014 05:00:00 GMT

Thank you to all Michigan Veterans that have served our country. As a Michigan based law firm, we are proud to assist veterans with their benefits. Although we specialize in elder law and non-service connected pension benefits including Aid and Attendance, we can also provide assistance to veterans that have been wrongfully denied service connected benefits.

The most common service connected benefit claims that we are asked to pursue are those claims resulting from exposure to Agent Orange during the Vietnam era. Most veterans applied prior to the August 2010 ruling that created an entire list of presumptive conditions that will qualify for service connected disability benefits. Conditions can include diabetes, pulmonary problems, neurological disorders and certain heart conditions.

If you are a veteran and have previously been denied benefits related to any condition associated with Agent Orange exposure please call 1-866-529-3537 or locally at either (586) 264-3756 in Metro Detroit; or, (616) 931-3670 in West Michigan.

VA Benefit Increases

Serafini, Michalowski, Derkacz & Associates — Fri, 21 Feb 2014 05:00:00 GMT

Despite the budget battle, the federal government has approved an increase for non-service connected benefits provided by the VA for wartime vets equal to the Social Security annual cost of living adjustment. If you are a Michigan wartime veteran, or a family member assisting a Michigan wartime veteran, it is important to understand Aid and Attendance.

This benefit is designed to provide an opportunity for an aging or disabled veteran to receive assistance to otherwise allow an individual to avoid nursing home care and, or, to age in place. The benefit can be as high as $2,000.00 per month and can be used to pay for in home care, assisted living, and, in some circumstances, senior independent living where care is provided.

If you are a wartime veteran that needs assistance or are a family member of a WWII, Korean War, or Vietnam era veteran, please call to learn more about these benefits. This benefit can be the answer to long-term care.

You may reach our offices in West Michigan and the Metro Detroit Area by dialing 1-866-529-3537 (1-866-LAW-ELDR) or receive a referral to our affiliated Center for Veteran’s Planning offices in the greater Kalamazoo and Grayling areas.

Increase in VA Benefits

Serafini, Michalowski, Derkacz & Associates — Tue, 06 Dec 2011 05:00:00 GMT

Finally, some good news from the federal government that will benefit Michigan residents receiving VA non-service connected pension benefits. After several years of not receiving a cost of living increase (COLA), the government has announced a 3.7% increase for benefits.

In addition to social security, this will include VA benefit payments. If you are a veteran receiving Aid and Attendance Benefits (A&A) this will result in a much needed raise to assist you with your care expenses.

The new monthly amounts are as follows:

Single Veteran: $1,703.00 Married Veteran: $2,019.00 Surviving Spouse: $1,094.00 Two Veterans: $2,630.00 Improved Pension Only: $1,338.00
The end result: If you are a wartime veteran receiving benefits expect an increase. If you are a veteran or family of a veteran looking for a way to keep your loved one at home or looking for an assisted living facility, the A&A benefit can be a life saver.

As always, if you need assistance with VA benefits, particularly A&A, please call our firm.

(586) 264-3756

Filing A VA Claim in Michigan? Get Ready to….Wait!

Serafini, Michalowski, Derkacz & Associates — Tue, 19 Apr 2011 04:00:00 GMT

A recent article in USA Today reports some rather grim statistics. The recent opening of service connect claims related to Agent Orange exposure compounded with the need to file for non-service related claims by WWII and Korean War veterans has caused a serious backlog of VA claims.

The total number of claims since last April has almost doubled (448,000 to 756,000). Although the VA has hired an additional 3,000 workers to assist with claims, the delay in claim resolutions has caused an average delay of eight (8) months.

This will mean ultimately that after a filing a claim, veterans will be forced to follwo the old military mantra of: “Hurry up…and wait”.

However, claims can be expedited by doing several things:

1. Work with a qualified, accredited attorney.
2. Make sure that you are eligible for benefits, if you are applying for non-service connected benefits, before you apply.
3. Provide all information that you need to process a claim with your initial application.
4. Designate a VSO to assist as a fiduciary with your claim.
5. Whenever possible file a “statement in support of claim” indicating that you have provided all necessary information to determine your eligiblity for benefits.

Asbestos and Veterans

Serafini, Michalowski, Derkacz & Associates — Tue, 22 Mar 2011 04:00:00 GMT

Are you a veteran suffering from asbestos exposure in Michigan? If so, please contact my good friends at the Mesothelioma Center. They can be a great resource for veterans and their families facing asbestos related illnesses. Here is their information:

Hundreds of thousands, if not millions of living veterans were exposed to toxic asbestos-containing materials during military service which could develop into mesothelioma. The Mesothelioma Center provides a complete list of occupations, ships, and shipyards that could have put our Veterans at risk for developing asbestos-related diseases. Our goal is to offer a one-stop resource on all asbestos and mesothelioma-related information ranging from occupational exposure to mesothelioma clinical trials.

http://www.asbestos.com/

A Note on Service Related Benefits

Serafini, Michalowski, Derkacz & Associates — Tue, 01 Dec 2009 05:00:00 GMT

Although many of you are, or can become, eligible for Non-Service Connected Pension Benefits (most commonly, Pension plus Aid & Attendance), there are many who would be better off applying for Service Connected Compensation. However, in order to ascertain which benefit would be best for you, one must fully understand SC compensation benefits.

Unlike NSC pension claims, there is no asset or income limitation for SC compensation (with the exception of a parent’s claim). For this reason, it may be possible to still obtain benefits for those clients with excessive assets who would not qualify for pension.

For veterans who are already receiving SC compensation, one should look at the rating of the disability and the amount that the veteran is receiving.

The general rule of thumb is: If the veteran is rated 85% or more and is receiving close to or more than pension would pay, the veteran should at least consider filing for an increase in SC compensation over pension.

Even in cases where the veteran is rated 100%, it may be possible to get additional VA money in the form of Special Monthly Compensation (SMC).

Veteran compensation claims generally take longer to process than pension claims; therefore, when in doubt, it may be best to apply for pension for those eligible veterans. Once the pension is awarded, the veteran can always submit a second claim for compensation and if approved, the VA will award whichever claim pays the most.

The VA

Serafini, Michalowski, Derkacz & Associates — Wed, 07 Jan 2009 05:00:00 GMT

The Department of Veterans Affairs, formerly the Veterans Administration and still commonly referred to as the “VA,” is the second largest Cabinet department reporting to the executive branch of our government, with over 275,000 employees and a $90 billion budget. Despite its size, the VA does run an efficient office; however, most people learn that its size will often lead to long delays and confusion.

Divided into 3 business units, the VA is made up of the Veterans Health Administration, the National Cemetery Administration and the Veterans Benefits Administration. Veterans health care is often lauded as the best available and the national cemeteries honor our service men, women and families remarkably well.

Despite the apparent simplicity of the process, American military veterans who apply for compensation and pension benefits often end up angry, dazed and confused long before any benefits are received. Two important causes of the anger and confusion are (1) the long and growing delays in resolving claims and (2) the seemingly endless layers of rules, regulations, and practices that as often as not act as barriers to properly resolving claims rather that the guides for obtaining an award that they were intended.

Often I will meet with veterans that hear about benefit planning but have received misinformation regarding the benefits or believe that they have to actually retire or disabled through service to receive benefits. This is not the case. The VA offers several different benefit programs which can be easily obtained by a veteran through proper planning with the assistance of an accredited individual.

If you would like more information about benefits that may be available to you, and you live in the Metro-Detroit area, please contact our office.

There is more to VA benefits than just disability benefits

Serafini, Michalowski, Derkacz & Associates — Mon, 08 Dec 2008 05:00:00 GMT

Most veterans, in Michigan, are aware that the Department of Veteran’s Affairs (VA) provides benefits to those who suffer from “service” related injuries, illnesses, or disabilities. However, most veteran’s are unaware that the VA also provides “pension” benefits. Pension benefits are benefits provided to veterans that suffer from non-service related injuries, illnesses, or disabilities. These benefits can be provided to veterans based on criteria that are surprisingly easy to meet for most veterans.

The classification of these benefits is almost a misnomer in itself. Most believe that to qualify for pension benefits a veteran must retire from active service or see combat duty. This is not the case. In fact these benefits are rather loosely related to military service.

The minimal required qualifications required to become eligible for these benefits include:

* Service in the United States Armed forces for a period of at least ninety (90) days * One day of service during a defined period of conflict (not actual combat) * A medical need or income need Of course there are other requirements which may be better explained to veterans by individuals accredited with the VA; service organizations; or a qualified Michigan elder law attorney.

Is Your VA Benefit Advisor Accredited?

Serafini, Michalowski, Derkacz & Associates — Wed, 03 Dec 2008 05:00:00 GMT

Following a significant change to federal law in regard to applying for Veteran’s benefits, your adviser must be accredited with the Department of Veteran’s Affairs in order to assist you with your claim for benefits.

In July of 2008, the Department of Veteran’s Affairs mandated that any individual representing a veteran pursuing VA benefits must be accredited with the VA in order to further a claim on behalf of the veteran. As a result, financial planners, attorneys and others have begun the accreditation process. This is important to understand here in Michigan as most veterans first learn of these benefits through non-accredited sources.

If your adviser is not accredited, there are alternatives. Pursuant to federal law a claimant may: (1) represent himself or herself directly; (2) seek assistance through a Veteran Service Organization that is accredited through the VA (American Legion, the Disabled American Veterans, the Veterans of Foreign Wars, or State VA offices) 38 CFR 14.628; (3) an individual who has been accredited by the VA; (4) a “one time” power of attorney person, who is usually the child or relative of the claimant ,38 CFR 14.631; (5) an attorney in good standing with the State Bar and has been accredited by the VA, as of June 23, 2008 38 CFR 14.629.

If you are a claimant in Michigan, particularly in the metro-Detroit area, seeking VA benefits, it is important that you seek the advice assistance of an accredited individual or a qualified service organization. Our office can help, in July, I took the necessary steps to become accredited with the VA.

Some advice on selecting an adviser:

Always ask your adviser if he or she is accredited
Seek the assistance of an accredited attorney (most qualified attorneys normally have experience with other aspects of benefit planning, including elder law an Medicaid planning and can offer assistance to those in regard to using VA Benefits for long term care planning).

Contact your local Veteran’s service organization
Contact our firm, Serafini, Michalowski, Derkacz & Associates, P.C.