Receiving a denial for a claim that you know is legitimate is one of the most frustrating things you can experience. It can be even worse for military veterans.

Let’s be honest. The VA probably denied your claim in a faster amount of time than it took for you to file. Even though having your claim denied is frustrating, it’s common. Many agencies will deny a claim hoping that the claimants don’t seek an appeal. But filing an appeal is exactly what you need to do.

The Appeal Process

Your disability appeal process starts with choosing how you want to approach your appeal. There are three decisions that you can choose from:

• Board of veterans’ appeals. With this option, you can request that a Veterans law judge review your claim.
• Higher-level review. With this option, you can ask the VA to review your claim using the evidence already in your file.
• Supplemental claim. This option allows you to ask the VA to review your original claim with the new evidence you’ve presented.

While there is no right or wrong decision, you may want to choose your process based on the reason why your claim was denied. For example, a higher-level review process is great if you disagree with the VA’s disability rating.

What A Veterans Benefits Attorney Can Do

Before deciding which route to take your appeal, you may want to consult with a veterans benefits attorney. A skilled attorney can make the appeal process less complex for you. Their expertise can decide on the best approach to take your appeal. Veterans benefits attorneys can review your file, the agency’s decision, and how to proceed with your appeal.

Filing a Notice Of Disagreement (NOD)

A veterans benefits attorney can assist you with filing your Notice of Disagreement (NOD). Because the process is stressful, you may be overcome by emotions while filing. A veterans benefits attorney can inform the VA why you deserve to have your claim reviewed again. A veterans benefits attorney can also provide the right information to include in your NOD.

Many veterans may mistake providing too much information in their notices. An attorney knows how to limit the information you need to include in your NOD while mentioning the important details.

Choose The Best Appeal For You

A veterans benefits attorney can also help you choose the best appeal process for your claim. Your attorney can help you either prepare your appeal to a decision review officer (DRO) or for the Board of Veterans Appeals (BVA). Even if a DRO denies your claim, you still have the option of appealing to the BVA. An attorney can help prepare you for either case.

Discuss Your Case With A Veterans Benefits Attorney Today

To learn more about the VA disability appeal process, speak with a veterans benefits attorney at the Comerford Law Office. Call our office, or submit our contact form today to schedule an initial consultation.

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Comerford Law Office provides legal services for veterans seeking veterans’ disability benefits. James R. Comerford has fulfilled the United States Department of Veteran’s Affairs accreditation process and is authorized to represent Veterans seeking disability benefits. Many young military members go overseas just starting their adult lives and with many plans for their future careers. However, too many return to the United States with those plans vastly changed. Many serious injuries sustained at war can prevent a veteran from pursuing their intended career path or even from working at all. If you were injured and are unable to earn a living, you may qualify for Total Disability Individual Unemployability (TDIU) Veterans’ Compensation.

Generally speaking, the amount of veterans benefits you will receive for your injuries depends on your disability rating as determined by the Department of Veterans Affairs (VA). However, if you have an injury or condition that is not 100 percent disabling but still prevents you from getting a job and/or keeping gainful employment, you may qualify for a TDIU rating, which can increase the number of benefits you receive to 100 percent despite having a lower disability rating.

Generally speaking, to qualify for individual unemployability, you must meet the following criteria:

• You are a veteran;
• You have service-related disabilities as follows (one disability with at least a 60 percent disability rating; or two or more disabilities with one rated at least 40 percent and the combined rating for both adding up to at least 70 percent);
• Your disability renders you unable to sustain gainful employment (odd jobs do not count).

In some rare circumstances, veterans with ratings lower than the above minimums may still be approved for TDIU benefits if their disabilities have specific effects that make it impossible to hold down a job.

Helping You Qualify for TDIU

Many people who do have less than 100 percent disability ratings are not aware that they may be eligible for more benefits if they cannot work. They may struggle to try to survive on their partial benefits and odd jobs since they are unable to hold a job for an extended period of time. Some conditions that may keep you from working include:

• Back injuries – These can keep you from lifting, moving around, or even from sitting for extended periods of time;
• Traumatic brain injuries – TBIs can cause cognitive impairments that can make it impossible to focus, follow instructions, or communicate with others;
• PTSD – Many veterans with PTSD have uncontrollable flashbacks, fears, anger, and other mental struggles that can often lead to termination from a job.

These are only a few of many conditions for which we may be able to get you qualified for TDIU.

VA Unemployability FAQ’s

What Exactly is a VA Unemployability Claim?

A TDIU claim is quite difficult to prove, but you do not have to prove that you are “100% disabled.” The VA will, however, expect you to prove that your disability is real, it meets specific criteria from the VA, your disability was acquired in the line of duty, and it prevents you from sustaining gainful employment. 

What are the VA’s Criteria for Total Disability or Individual Unemployability?

Even if the disability rating assigned to you by the VA is less than 100%, you can still have your rating adjusted to 100% based on individual unemployability. To claim TDIU benefits, you must prove the following:

• You are already the recipient of service-connected benefits
• One disability is rated at 60% or higher OR two disabilities are rated at 70% or higher
• OR, your disability qualifies you for special consideration and the rating method used by the VA should not apply (known as extra-schedular)
• OR, you have medical or vocational proof that your disability prevents you from working
• Lastly, you can file a separate claim to have your disability rating increased.

What is the TDIU Effective Date?

The effective date is the date from which you are assigned benefits. This date is not the date that the VA accepts your claim. Instead, it is the date on which you filed the claim (or the date on which the VA received your claim). You will be entitled to back pay from the date your filing was accepted to the date your filing was granted. Additionally, veterans who apply for disability rating changes have effective dates as well. These are calculated from the date the VA receives the claim.

Am I Entitled to Back Pay from the VA?

Yes. Applications can take years to sort out. Once your application has been granted, the VA will pay your claim from the date it received your application. You are entitled to recover payments from the date your application was received to the date your claim is granted.

How Long Does VA Unemployability Last?

Depending on your medical progress, VA unemployability can either be permanent or temporary. In cases in which unemployability is deemed permanent, you will see the P&T (permanent and total) box checked. This means that there will be no future medical exams scheduled to determine your status. In some cases, veterans are re-rated as having higher disabilities, while in other cases, they are re-rated lower. 

Contact an Experienced Chicago Veterans’ Compensation Lawyer For Help

Many different service-related conditions and disabilities can make it impossible for you to keep a job that is sufficient to support yourself. At the Comerford Law Office in Chicago, we understand the many different ways that disabilities can prevent you from earning an adequate living. You do not have to continue struggling to make ends meet with partial veterans’ disability payments. Instead, you should not hesitate to call dedicated veterans disability attorney James R. Comerford to discuss your options for Total Disability Individual Unemployability (TDIU) Veterans’ Compensation. Call us today.

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Late on Tuesday night, June 25, President Trump signed into law H.R.299, the Blue Water Navy Vietnam Veterans Act of 2019, marking an end to the now-famous effort for Vietnam-era naval veterans to obtain disability benefits for conditions related to Agent Orange exposure. For over a decade, versions of this bill have been defeated and stalled at various stages of the legislative process. Now, with the bill finally being signed into law, disability benefits may now be extended to an estimated 90,000 veterans nationwide.

The bill addresses “Blue Water” naval veterans, those who served offshore during the Vietnam War. These veterans are presumed to have been exposed to dangerous defoliants — including Agent Orange — at some point during the conflict. A large body of research has tied these chemicals to various diseases and conditions, including several forms of cancer. The law indicates 15 diseases which will be covered:

• Hodgkin’s disease,
• light chain amyloidosis,
• chloracne,
• non-Hodgkin’s lymphoma,
• porphyria cutanea tarda,
• prostate cancer,
• multiple myeloma,
• respiratory cancers,
• Parkinson’s disease
• early-onset peripheral neuropathy,
• soft-tissue sarcoma,
• type-2 diabetes mellitus,
• ischemic heart disease,
• chronic B-cell leukemias,
• And spina bifidea for the children of veterans serving in this area.

The cost of the expanded benefits, which was the main point of objection for some lawmakers in the past, is estimated to be between $1.1 billion (according to the Congressional Budget Office) and $5.5 billion (according to the VA). Funding is expected to draw from increased fees on home loans for certain veterans.

A Long Fight

Throughout the 90s, a growing body of evidence suggested a connection between various diseases and cancers, and exposure to chemicals like Agent Orange. This eventually culminated in legislation which now offers benefits to veterans who were exposed to these chemicals and who are currently suffering from related symptoms. However, this legislation excluded Blue Water veterans under the presumption that they were not within a close enough proximity to the chemicals to be affected. In the following decades, various efforts to modify the existing laws were all defeated.

This most recent series of events was instigated in January of 2019, when the US Court of Appeals decided in favor of Alfred Procopio Jr., a naval veteran who was suing for benefits denied under the current law. With this decision, and the subsequent decision by the Department of Justice not to appeal the ruling, the door has been opened to naval veterans hoping to receive benefits. Already, the VA is processing related naval veterans claims, and this bill represents an important step towards officially legislating the process and protecting it from future legal action.

Moving Forward

After an extensive legal battle, the door is now opening to expanded benefits for tens of thousands of Vietnam naval veterans. Veterans who served offshore during the Vietnam War — and who suffer from one of the conditions listed above — should be able to apply for VA disability benefits. This victory has been decades in the making, and thousands now wait anxiously for the policy to be fully implemented.

If you or a loved one are a naval veteran hoping to secure VA benefits for an illness on the list above, finding reliable legal counsel can be an important step toward helping you file your claim properly, and can help you better understand your options under current VA law. The Comerford Law Office, LLC, has extensive experience handling veterans disability claims and has helped many veterans obtain benefits for the first time or modify a previously issued disability rating. If you are considering filing for veteran’s disability benefits, get in contact with The Comerford Law Office, LLC, today to learn more.

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For decades, water contamination on the country’s military bases has been left unaddressed. As a result, too many people have become sick because the military does not want to spend the money to decontaminate the groundwater.

According to a Military Times article, Congress is particularly concerned about two chemical compounds, perfluoroalkyl and polyfluoroalkyl substances, also called PFAs. These chemicals are found in all sorts of products in Indiana and other states, such as dental floss, food containers, and stain-resistant clothing.

They have also been used in firefighting foam in military jets. Unfortunately, these compounds take thousands of years to break down naturally, which has earned them the name “forever chemicals.”

PFAs are in the water systems around the country as well as on military bases. Indeed, the Defense Department has identified over 400 military sites where PFAs were used. Many military families are increasingly fearful of the water in and around bases, and they are particularly worried that the Defense Department has not shown any intent to fix the problem.

PFAs contamination can lead to many negative health effects, including lower birth weight in babies, some cancers, and liver problems. These compounds are also dangerous at much lower levels than previously thought. Evidence has come to light that the military was aware of the potential dangers of these chemicals going all the way back to 1991, when Fort Carson in Colorado stopped using them as a rule.

Clean Up Costs Could Reach the Billions

Cleaning up military bases would not come cheap. According to best estimates, it would cost around $2 billion to clean up the two PFAs that are causing the most concern. The Pentagon has not yet requested any money to start the cleanup process. Instead, the military is handing out bottled water to people living on bases with suspected contamination.

Why is the Pentagon dragging its feet? Some suspect that the military wants to avoid legal responsibility. Requesting funds for cleanup would be a pretty clear admission that there is a problem, which could open them up to legal liability.

Indeed, the Navy has recently denied all civil liability for claims that arise from water contamination at Camp Lejeune. According to NBC News, the Navy has rejected the claims of 4,500 people who requested around $963 billion in compensation.

The Camp Lejeune contamination was one of the largest contamination cases in this country’s history, leading to a host of medical issues, including the death of children from cancer. Veterans Affairs estimated that, all told, around 900,000 people were possibly exposed to the contamination. Although the VA provides disability benefits stemming from the exposure, the government is not interested in paying additional compensation.

Contact an Indiana Veterans Benefits Attorney

If you were disabled while serving in the military, you might have a claim for benefits. Please contact our law firm now. The process for obtaining benefits is often difficult, with potential roadblocks popping up when you least expect them.

At the Comerford Law Office, LLC, we have helped many injured veterans get the compensation they need to move forward with their lives. Please contact us today to schedule your free consultation.

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One of the frustrating aspects of applying for disability benefits is the amount of time it takes for your application to be processed. Even when you have a perfectly valid claim, you could end up waiting years before you obtain the benefits you deserve. In the meantime, medical bills continue to pile up alongside all of your other daily living expenses.

Fortunately, Congress recognized this problem and passed reform legislation in 2017 to modernize the disability appeals process. The new rules were implemented earlier this year and should reduce the bottlenecks in the system. As of February 2019, there were 400,000 appeals awaiting a decision.

Three Options for Bringing an Appeal

The VA’s initial decision is not final. Instead, applicants have the ability to bring an appeal. Appeals serve a vital purpose in the system. Often, the person who initially reviews your claim has incomplete information or does not fully understand the evidence you have provided. As a result, your application might receive a lower rating than it deserves or might even be denied outright. On appeal, you have another chance to argue your case.

Under the recent reforms, applicants in Indiana and other states will have their choice of one of three different processes for appeal:

• Supplemental claim. The applicant submits additional information to support the case. The regional office handles the appeal and makes a final decision.
• Higher-level review. If the regional office misinterpreted the law or made an obvious error, an applicant can request that the senior claims adjudicator review and overturn the decision, if necessary. You cannot submit new evidence if you choose this review.
• Direct appeal to Board of Veterans’ Affairs. You can request a hearing to testify before a Veterans Law Judge, or you can request a decision without a hearing.

Which Option is Best?

Applicants now face a difficult choice of which appeal to request. In some cases, the options are pretty clear-cut:

• If you were denied benefits or given a low rating because of incomplete information, then a supplemental claim could be the best route. For example, you could supply additional medical records that show the full scope of your injury.
• If the regional office made a mistake in interpreting the law or analyzing the evidence, you should request a review by a senior claims adjuster.
• If you need a fast, authoritative decision, then going straight to the Board of Veterans’ Affairs could be your best bet.

In many situations, however, it is not clear which appeal is best, so it is best to meet with an experienced Veterans Benefits attorney for review.

Meet with Us for a Case Review

Applying for VA benefits can be a lengthy process, and an experienced attorney can help. At the Comerford Law Office, we represent people in Illinois and Indiana in the appeals process. We will gladly meet with you to review your case and identify the best path forward for requesting an appeal.

Please call us today to schedule a free case evaluation.

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Although the Vietnam War ended nearly a half-century ago, many veterans who served in that conflict continue to suffer from the effects. For example, many veterans are still dealing with their exposure to the toxic herbicide known as Agent Orange. In 1991, Congress adopted the Agent Orange Act, which created a legal presumption of a “service connection” for veterans who developed certain diseases while serving in Vietnam. In plain English, the law assumes that if a Vietnam veteran later developed a listed disease, it was assumed to be the result of Agent Orange exposure, unless there was “affirmative evidence” to the contrary.

No Legal Distinction Between Inland, Offshore Territorial Waters of Vietnam

The Agent Orange Act specifically covers military personnel who “served in the Republic of Vietnam” between January 1962 and May 1975. The “Republic of Vietnam” refers to what was formerly called South Vietnam. According to a recent decision by a federal appeals court, the Republic of Vietnam included not just the land territory and internal waters of former South Vietnam, but also its offshore waters.

More to the point, the Court determined the Agent Orange Act covers veterans who served aboard ships but who never physically set foot in Vietnam. The plaintiff, in this case, Procopio v. Wilkie, served aboard the U.S.S. Intrepid from 1964 to 1967 while a member of the U.S. Navy. In the summer of 1966, the Navy deployed the Intrepid to the offshore waters of the Republic of Vietnam.

Nearly 30 years later, the plaintiff developed diabetes mellitus and prostate cancer, both of which are known conditions related to Agent Orange exposure. The plaintiff sought benefits under the Agent Orange Act. The VA denied the plaintiff’s request, however, on the grounds that was never present “on the landmass or the inland waters of Vietnam during service.”

The plaintiff appealed the VA’s decision to the U.S. Court of Appeals for the Federal Circuit in Washington, DC. On January 29, 2019, the Court held by a vote of 9-2 that the VA’s reading of the law was incorrect. There was no dispute the law covered veterans who “served in the Republic of Vietnam.” Contrary to the VA’s position, the “Republic of Vietnam” also included its offshore territorial waters.

This is not exactly a surprise to anyone who understands the basics of international law. Under a 1982 United Nations convention, the “territorial waters” of a given sovereign state extends up to 12 nautical miles (roughly 13.8 miles) from the low-water mark of the country’s shoreline. Anything within this 12-nautical mile zone is therefore considered part of the country’s territory, the same as any landmass or internal waters (such as rivers).

Given this, the Court here concluded that service onboard a naval vessel parked within the Republic of Vietnam’s territorial waters was, for all intents and purposes, “in the Republic of Vietnam.” The plaintiff was therefore “entitled to a presumption of service connection for his prostate cancer and diabetes mellitus.”

Speak with a Dedicated Veterans Benefits Lawyer Today

The Federal Circuit’s decision is welcome news for a number of “blue water” veterans who served on offshore vessels during the Vietnam War and developed Agent Orange-related complications as a result. If you need assistance from a qualified veterans benefits lawyer in pursuing a claim related to Agent Orange, contact The Comerford Law Office, LLC today to schedule a free consultation.

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Social Security Administration (SSA) officials recently announced that the cost-of-living payments for beneficiaries in 2019 will be increased by 2.8%. Under current federal law, these annual cost-of-living increases automatically boost other federal benefits. For instance, this increase will serve as a baseline for veterans who receive disability pay, as well as military retirees who receive payouts from the Department of Veterans Affairs (VA), so covered individuals could receive a boost in disability pay, clothing allowances, dependent compensation, and a host of other benefits starting in January. To learn more about these cost-of-living adjustments and how they could affect your own payments, please contact a member of our veterans benefits legal team for assistance.

Cost-of-Living Adjustments Now Automatic

For the first time, and as a result of years of pressure placed on Congress by veterans advocates, cost-of-living adjustments are now automatic for veterans who receive certain benefits. This means that, like Social Security benefit cost-of-living calculations, which are automatically updated every year to keep pace with inflation, Congress is no longer required to pass legislation on an annual basis to increase the rates of veteran disability compensation. Instead, the rates of compensation for veterans with service-connected disabilities, and the surviving family members of disabled veterans who collect dependency and indemnity compensation will be able to receive the same annual cost-of-living adjustments as Social Security benefit recipients.

Significant Increase

Cost-of-living adjustments are calculated using the Consumer Price Index, which measures the cost of goods and other expenses across the nation from July through September of the current year and then compares it to the previous year’s levels. Generally, if the Consumer Price Index increases, then the cost-of-living amount also changes. According to the SSA, next year, the cost-of-living will increase for Social Security benefit recipients, as well as some veterans and their families by 2.8%, which represents the highest adjustment since 2012 by nearly 1%. Based on these increases, it is estimated that veteran and military retirees who receive around $1,500 a month in payouts will receive an additional $500 over the course of the year. This significant of an increase in the cost-of-living could prove crucial to many veterans and their families who rely on their monthly benefit or pension checks, so if you have questions about how the increase will affect your own payments, please contact our legal team today.

Call Today to Speak With an Experienced Veterans Benefits Attorney

If you are currently collecting veterans benefits or believe that you may qualify, you need the advice of an experienced attorney who can help represent your interests. Please call The Comerford Law Office, LLC at 312-863-8572 today to speak with a dedicated veterans benefits lawyer who can explain your legal options and assist you in submitting your own claim or filing a notice of disagreement.

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For many years, veterans have struggled with the backlog at the Department of Veterans Affairs (VA), which leaves applicants waiting for months before they receive a response to their claims. However, a recent investigation into the VA revealed that the problem is much worse than most people realize. In fact, according to a report released by the VA inspector general, tens of thousands of cases were omitted or ignored by VA department officials when estimating the number of claims that took more than 125 days to resolve. In response to the results of the investigation, VA officials were directed to review and adjust their reporting process and to implement new training and standards by the end of the year.

Unfortunately, the VA is so backlogged that these changes could take years before they bear fruit, making it especially important for veterans who are seeking benefits to consult with an experienced veterans benefits attorney who is familiar with the claims process and can ensure that their cases are reviewed as quickly as possible.

Results of the VA Inspector General’s Investigation

The VA claims backlog made headlines during the Obama administration, as more and more people became frustrated with the VA’s slow response time when it came to approving or denying disability claims. Resulting investigations revealed that in 2013, the number of ratings cases that took more than four months to complete exceeded 611,000. VA officials responded by hiring additional staff, implementing new processing systems, and using electronic medical records, which led to a decrease in the backlog to around 70,000 by September of 2015. The backlog has remained at between 70,000 and 100,000 for most of the last three years.

Unfortunately, the recently published results of a new investigation revealed that this number only covers around 79% of relevant cases, as more than 20% remain misclassified, are mistakenly excluded, or are acknowledged as overdue only after their files are processed. For instance, during a review of the cases from the first half of 2016, investigators discovered that around 63,600 overdue cases were left out of the records for unclear reasons and that more than 10,000 were simply incorrectly recorded by employees. The report also found that although the average number of days that it takes for a basic disability claim to be resolved is less than 90, more complex cases continue to take as many as 200 days to make it through the initial review process.  

In response to the new allegations, VA officials have pledged to review and supplement their reporting procedures, to institute new training and standards by the end of the year, and to make major changes to its backlog rules and oversight requirements.

Call Us for a Free Consultation Today

To speak with an experienced veterans benefits attorney who can help you resolve your own claim for veterans benefits, please contact The Comerford Law Office, LLC at 312-863-8572. Initial consultations are offered free of charge, so please do not hesitate to call or contact us online today.

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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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In an effort to pay tribute to veterans who served their countries by performing military service, the Department of Veterans Affairs (VA) provides deceased veterans with a wide range of memorial and burial benefits. For help ensuring that your own loved one is properly honored for his or her sacrifices, please contact a dedicated VA benefits attorneys who can walk you through the application process.

What Memorial Benefits Does the VA Offer?

After a veteran passes away, his or her family can apply to the VA to have that individual interred in one of 135 national cemeteries. Those who qualify for burial in a VA national cemetery are also eligible to receive the following burial benefits:

• Perpetual care of the gravesite;
• A headstone or marker with an inscription;
• A burial flag;
• A Presidential Memorial Certificate;
• Transportation of flower arrangements to the gravesite; and
• The opening and closing of the grave, placement in an above-ground vault, or burial of cremated remains.

For the loved ones of deceased veterans who do not opt for burial in a national cemetery, but instead choose burial in a private cemetery closer to home, the VA also provides benefits, including a burial flag, Presidential Memorial Certificate, and a government headstone, medallion, or marker. Many surviving family members are also entitled to a VA burial allowance, which partially reimburses them for the cost of the veteran’s burial and funeral.

VA Eligibility Requirements

To qualify for VA memorial benefits, a person must have been:

• A member of the U.S. Armed Forces, which includes the Army, Navy, Air Force, Marine Corps, and Coast Guard who died while on active duty; or
• Was not dishonorably discharged and who, if he or she enlisted after 1980 served for at least two consecutive years or for the full period for which he or she was called to active duty; or
• A U.S. citizen who served for any allied nation and whose last active service was terminated honorably by death or otherwise.

Most service members fall under the second category and so must only demonstrate that they did not receive an undesirable or bad conduct discharge. In the event that a person received multiple discharges of varying character, the VA Regional Office will be tasked with determining whether a veteran qualifies for memorial benefits.

Surviving spouses and dependents of eligible veterans could also qualify for interment in a national cemetery. This is true even if the spouse or dependent predeceases the veteran or if the veteran was not buried in a national cemetery. Former spouses whose marriage to a veteran was terminated by annulment or divorce are not eligible for VA memorial benefits, nor are veterans whose character of service resulted in a bar to veterans benefits, or whose only service was active duty for training or inactive duty training in the National Guard or Reserve Component.

Contact an Experienced VA Benefits Attorney Today

Burial sites in national cemeteries cannot be reserved in advance, which means that the surviving family members of deceased veterans are usually required to grapple with the memorial benefits application process while also grieving, juggling household expenses, and paying for a memorial service. For help with this process, please call The Comerford Law Office, LLC at 312-863-8572.

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