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Recent Legislation Addresses Benefits for Student Veterans

Veterans who have been approved to receive veterans’ benefits should not have to worry that logistical issues will prevent them from receiving the compensation they deserve. However, there are numerous reasons that benefit delays occur, and often those delays are preventable. One of the more recent problems affecting benefits concerns student veteran benefits. According to a recent report from NBC News, student veterans have been facing significant harms as a result of benefits delays by the U.S. Department of Veterans Affairs. In response to those delays, Congress passed two laws at the end of 2018 designed to ensure that student veterans would receive the benefits they are owed.

Bills Pass to Help Student Veterans Receive Benefits

At the end of the 2018 legislative session, Congress passed two separate bills related to student veterans benefits. According to the report, the Forever GI Bill Housing Payment Fulfillment Act “aims to ensure veterans received all the money they were owed.” The second bill, the Veterans Benefits and Transition Act of 2018, is designed to “further protect recipients from suffering consequences because of VA’s delay.” Why is there a need to pass legislation that promises veterans benefits that they already are owed?

As the report explains, “thousands of student veterans received late or incorrect housing payments this past semester because of computer problems at the VA.” Some of those veterans also did not receive tuition payments. As a result, many student veterans found themselves in complicated financial positions, from being unable to make housing payments to being unable to pay tuition at their colleges. In response to errors at delays from the VA, a number of those student veterans ended up using their credit cards to make the payments they owed—taking on substantial amounts of high-interest debt—or taking out personal loans to cover the money that they expected to receive from the benefits they were promised.

Computer Problems Resulted in Veterans Benefits Errors

The underlying reason that many veterans did not receive the benefits to which they were entitled was a preventable problem — computer issues. Trump signed a veterans benefits law in 2017, but in attempting to implement it, the VA computer systems began having problems. More specifically, “the bill required the VA to calculate housing in a new way, but the change caused computer systems to freeze and delayed benefit payments.”

The recent legislation requires the VA to fix remaining problems and to ensure that student veterans receive proper benefits. The legislation also requires that a team audits veterans benefits payments to ensure that no mistakes are made and to take action when errors do arise.

Contact a Veterans Benefits Attorney in Indiana

Applying for veterans benefits or appealing a veterans benefits decision can be complicated. If you are not currently receiving the veterans benefits you deserve, you should speak with an Indiana veterans benefits lawyer about your options. Our firm has experience with a wide variety of veterans benefits issues, from filing a form 9 to filing a notice of disagreement. Contact the Comerford Law Office, LLC to learn more about the services we provide to clients in Indiana and Illinois.

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Important Changes Made by the VA Mission Act

Last summer, the Veterans Affairs Maintaining Internal Systems and Strengthening Integrated Outside Networks Act, which is more commonly known as the VA Mission Act, was passed by Congress and signed by the President. The law addresses a host of concerns raised by veterans, lawmakers, and advocates in recent years about the VA’s numerous and often competing community care programs, which have now been merged and consolidated into a single Veterans Community Care Program. This program is anticipated to reduce the complexity of applying for and administering these benefits by making more efficient use of the VA’s resources. The VA has been given one year to develop regulations that will help implement the changes. If you have questions about how the new law will affect your own rights, it is important to speak with an experienced Illinois VA disability benefits attorney who can address your concerns. Changes to Community Care The VA Mission Act consolidates seven different VA community care programs into a single entity, which is tasked with providing care to veterans enrolled in the VA healthcare system or who are otherwise entitled to VA assistance. This comes with an obligation to coordinate veterans’ care, which includes: Scheduling medical appointments in a timely manner; Ensuring the continuity of services and care; Coordinating coverage for those who require VA care that is offered outside of their region; and Ensuring that veterans do not experience a lapse in healthcare services. The application of these requirements means that the VA must now provide access to community care in certain situations, namely when: The VA does not offer the services or care that a veteran requires; The VA does not operate a full-service facility in a veteran’s state; The veteran is eligible to receive care according to the 40-mile rule; The VA is not able to provide care that meets access standards; or A veteran and his or her referring clinician agree that providing care in the community would be in the veteran’s best medical interest based on the distance between the veteran and the facility where care is provided, the nature of the services, how often care must be provided, the timeline of available appointments, and whether the veteran faces an excessive burden in accessing VA care. To fulfill these obligations and ensure that veterans receive care when necessary, the VA will also be required to enter into contracts with private healthcare networks. Access to Walk-in Services The VA Mission Act also authorizes the VA to provide walk-in care for enrolled veterans by entering into agreements with community providers and federally-qualified health centers. However, these services only need to be provided if the veteran in question used VA healthcare services in the previous two years. Furthermore, veterans who do not owe a copayment at the VA are entitled to two free visits, after which the VA will be permitted to charge an adjustable copay. Veterans who are required to make a copayment, on the other hand, would be permitted to pay that copay for the first two visits, at which point, the VA could begin charging an adjusted copay for additional visits. Finally, the VA will be required to ensure that walk-in providers have access to all VA medical records. Call Our Legal Team Today To speak with dedicated VA benefits attorney James R. Comerford about how the new VA law could affect your own rights, please contact The Comerford Law Office, LLC by calling 312-863-8572 or by sending us an online message today.