Category Archives: Veterans

Vietnam Vets with Parkinson’s, B Cell Leukemias, Ischemic Heart Disease

by Attorney Mitch Adel

Great news for Vietnam veterans and widows of Vietnam veterans: the Department of Veterans Affairs has approved three new medical conditions necessary to establish a service-connected injury in order to qualify for Compensation benefits. These three conditions (below in bold) join the following list of already approved medical conditions. As the number of presumptive medical conditions increases, so does the ease of proving service-connected illness and the ease of qualifying for Veterans’ Compensation benefits and Dependency Indemnity Compensation benefits for surviving spouses.
  • Parkinson’s
  • B cell leukemias
  • Ischemic heart disease
  • Diabetes type II
  • Acute and sub-acute peripheral neuropathy
  • Chloracne and porphyria cutanea tarda
  • Chronic lymphocytic leukemia
  • Prostate and respiratory cancers
  • Hodgkin’s disease and non-Hodgkin’s lymphoma
  • Multiple myeloma and soft tissue sarcoma, acute
If you or someone you know is a Vietnam veteran or the surviving spouse of a Vietnam veteran whose death certificate lists the cause of death as one or more of the following conditions, you could be eligible and should contact a qualified elder law attorney or the veterans service office for more information. Five attorneys at the Thom L. Cooper Company, LPA, have been admitted to practice before the United States Court of Appeals For Veterans Claims in addition to receiving accreditation from the Department of Veterans Affairs. Call or email us to discuss how we can help you coordinate your benefits.
Source: The November 2009 Veterans Family Matters Newsletter from Veterans Information Services, Inc.

A Helping Hand for Veterans and Widows of Veterans

Are you a veteran or a widow of a veteran applying for benefits to pay for assisted living or to help you stay at home? If so, a smart strategy is to coordinate your planning for this public benefit with others you may need down the road. What does this mean? How do you do it? Listen up!


Earlier this week, Lisa Nelson, our Outreach Coordinator, met with a local Veterans Service Officer (VSO) to discuss how to get the word out to veterans and widows of veterans about benefits available to assist with the catastrophic costs of long-term care. It is true, many do not even know that they can qualify. They think a service-related injury or in-country service is required. Not so.


Of those who are entitled to a monthly pension based on their service, many unfortunately do not receive those benefits because they don’t know how to qualify. We learned that if they don’t immediately qualify, the VSO can provide very little information about how they can qualify. While it is the job of the VSO to assist veterans or widows of veterans in applying for benefits, it is improper for them to advise applicants about how to get their assets in line to qualify, no matter how much the VSO would like to help. So what are you to do?


This is where an Elder Law Attorney can help veterans and their widows with recommendations and strategies so that everything is in order when they apply with their VSO’s help. Further, a qualified Elder Law Attorney will make sure that the techniques they use to qualify for veterans’ benefits do not negatively impact their ability to qualify for other benefits such as those that pay for a nursing home stay at some future time.


In short, (1) if you are a war time veteran, there probably IS a way to qualify at some point for these benefits, (2) see us or another Elder Law Attorney to assist you in coordinating benefits to avoid any negative impact should you later go into a nursing home and also to (3) get your ducks in a row before you see your VSO to apply.


Freedom Isn’t Free

Today’s Veterans by the Numbers

Military Veterans living in the US

23.2 million: total in 2008
8 million: females
3 million: black
1 million: Hispanics
.5 million: Other
Ages:
Age 65 and older = 9.2 million
Younger than age 35 = 1.9 million
Where They Served:
World War II 1941 – 1945 2.6 million
Korean 1950 -1953 2.8 million
Vietnam 1964 – 1975 7.8 million
Gulf War 1990 – Present 5.2 million
Peacetime 6.0 million
2-War Veterans:
WWII and Korea: 182,000
Korea and Vietnam: 245,000
Both Fulf Wars: 740,000
3-War Veterans:
WWII, Korea and Vietnam: 92,000
Vietnam & both Gulf Wars: 50,000
How are we Serving our Veterans?
Service-Connected Disability Ratings: 3.4 million
70% or higher rating: 588,000
VA Benefit Program spending in 2008: $84.4 billion
$40.2 billion in compensation and pensions
$37.0 billion for medical and other programs
Are you a veteran or a widow/widower of a veteran who served during wartime?
Benefits are available to you. Call for a free video or click here for a free video.

Hidden benefits that the department of Veterans Affairs is not advertising

by Attorney Mitch Adel

When I was younger and could not grasp the concept of relatives, I never found it odd that I had so many Aunts and Uncles. Odd? Well… both of my parents only had one sibling and both of them had only been married once. Math-wise that makes four, yet over my life, in addition to those four, I have at least five other sets of aunts and uncles. It turns out that in addition to the obvious relatives I have, my parents raised me to call their closest friends, aunt and uncle. In addition to those, I even have a Grandma Mary. Mary is not a blood relative, but at 94, she has been a major part of my life for many years. Which makes what I am about to say both exciting and disappointing for me.
A few years ago Mary started to show signs and was diagnosed with dementia, this 90-year-old woman, sharp as a tack, was only now getting older. Mary spent some time in a nursing home and came out because her two daughters decided that she was better in their house under their supervision. Both daughters worked so it became increasingly difficult to care for Mary at home so they hired outside help. Unfortunately that care came at a price and it wasn’t long before Mary was out of money and they were dipping into their own pockets.
A few weeks ago I traveled back to my childhood home of Buffalo, New York, to see my sister visiting from California and meet my two-month-old niece! It had been a while since I had been home and, as usual, my parents had arranged for some quality time with our extended family. After dinner I was talking to my father about some of the many exciting things that I have been doing, including my work assisting my clients obtain a hidden Veterans Benefit to pay for the rising costs of healthcare for nursing home, assisted living and home healthcare. My father, like many others that I talk to at seminars, was in disbelief that this benefit even existed. I explained that this benefit was not only available to veterans but also to their widows. You know how people joke about that light bulb going off in some one’s head? Well, now I know that it is not only true but I also know the face they make when it does.
I had never met Mary’s husband, who it turns out served our country proudly in World War II. After hearing my success stories of obtaining benefits for veterans and widows of veterans, my father immediately thought of Mary. He called Mary’s daughters and son-in-law over to hear what I had to say about these benefits. As a result of Mary’s health issues that required the aid and attendance of another, Mary – who never served in the military – but was married to someone that had, was eligible for $1,056 a month, tax free, to assist with the cost of her care.
Embarrassingly, I have been representing veterans and widows of veterans in their pursuit of this benefit for over four years and failed to see the positive impact it could have for my closest of friends and relatives. Unfortunately, as I tell all of my clients and seminar attendees, the Department of Veterans Affairs is not advertising this benefit. The VA is not providing a lot of education on how to qualify or even who can qualify. Do not take for granted that everyone who could qualify for these benefits knows the benefits are out there.
I assign this task to all the readers of this story: If you know someone who needs additional benefits to help pay for catastrophic health care costs, ask them if they or their spouse was a veteran. There are minimal requirements to qualify and the Veteran did not have to be a career veteran, did not have to serve in-country or even be injured during duty.
The Thom L. Cooper Company has five VA-accredited attorneys who can assist your or those you love. With proper planning and the assistance of VA-accredited attorney, the amount received could be as between $1,056 to $1,949 each month, tax-free. Ask us for our free video discussing this little-known benefit.

Don’t assume you can’t qualify for VA benefits

Making its rounds on some of the cable channels recently has been the epic war movie, “Saving Private Ryan.” If there are any of you that haven’t seen it, the film tells an account of the Invasion of Normandy in WWII. It’s a film that has been critically noted for its extremely realistic portrayal of WWII combat, particularly, the first 25 minutes or so of the first battle scene, which depict the Omaha Landings on the beaches of Normandy. It is an inspiring scene which makes one wonder how the human body and mind can still function and overcome when surrounded by absolute chaos, terror, and death. The realism is frightening and I do not believe that an American could exist who can watch the scene in its entirety and fail to appreciate the sacrifices, fears, and emotional distress of each and every war veteran that has fought for our Country.
While the film’s accolades were a result of that scene, the plot is focused on the story of a small band of Army Rangers on a mission to ‘rescue’ Private Ryan, a fellow soldier whom they have never met before. Ryan was ordered to be rescued by an Army General because all three of his brothers had been killed during the Omaha Beach invasion. As you can imagine, a good bit of complaining results when the rescuing Rangers learn that their future is being placed on the line because a General thinks that Ryan’s life is more important than theirs. In the end, only two of the Rangers survive the rescue mission.
What I hadn’t realized until recently was that there was factual truth to “Saving Private Ryan.” During World War II the United States issued what is called the “Sole Survivor Policy.” The policy describes a set of regulations designed to protect members of a family from the draft or combat duty if they have already lost family members in military service. The need for the rule caught the public eye after the USS Juneau was sunk during World War II and all five of the Sullivan brothers were killed in the event. Since that date, each branch of the Armed Forces has made policies to separate immediate family members involved in combat. A notable instance of the application of the Sole Survivor Policy was the case of Sergeant Frederick “Fritz” Niland*. In fact, the story of the Niland Brothers was the writer’s inspiration for the “Saving Private Ryan” film. A not-as-notable instance of the “Sole Survivor Policy” is the case of Olin Parin, a Thom L. Cooper client and my inspiration for this blog.
I met Olin about a month ago when he came into the office to discuss how he and his wife could stretch the dollars and move into an assisted living facility. Olin was the youngest of the three Parin brothers, all of whom joined the Army. Olin was the last to join in 1943. When his oldest brother died shortly after Olin enlisted, Olin was told that due to what he termed the “Sullivan Rule” he would have to serve out the war in the US in an accounting position with the Army. As a result, he never saw combat during the War.
66 years later, Olin and his wife, Margaret, had decided that now was the time to sell the home and move into an assisted living facility. They were no longer in a position where they could comfortably take care of themselves, but realized that with the money they had, they could only afford the facility’s price tag for 20 months.
Like many other veterans, Olin was misinformed. A fellow veteran told him that he was not eligible for any benefits from the Veterans Administration because he was not in combat during the war. Not only did this erroneous information cause Olin unnecessary medical expenses throughout his lifetime, but it also kept him taking advantage of other great programs that he earned as a result of his service.
The benefit I discussed with Olin & Margaret has the potential to help them stay in the assisted living facility indefinitely. The benefit from the program, an all-too-often-overlooked and unknown Veteran’s Pension will add close to $24,000/year in additional income to pay the costs associated with the Assisted Living Facility.
The first battle scene of “Saving Private Ryan” is probably the most memorable for the movie’s viewers, but I always found one of the last to be special as well. In that scene, a dying Captain John Miller (portrayed by Tom Hanks) utters the command to Private Ryan, “Earn this. Earn it.”
While the depth of this command can’t be explained without its own essay, one thing is for sure… Veteran’s of WWII, Korea, Vietnam, etc., have certainly earned the highest respect from this Country’s citizens. Regardless of whether in combat missions like Private Ryan or serving Stateside in support of the war effort like Olin Parin, our veterans have also earned a proper education on the many benefits that they are due because of their service. If you are a veteran, spouse of a veteran, or child of a veteran, please seek advice on these available benefits. The Thom L. Cooper Co. can help you understand what is available and the implications for your overall estate plan… you have more than earned it.

* Not his real name.

Elder Law Attorneys Discuss Veterans’ Benefits, Nursing Homes and Estate Tax at AATEELA meeting in Chicago

Attorneys from across the country gathered this past weekend to discuss issues that affect their clients:  seniors and their families facing the legal and financial concerns of aging.  Among the topics discussed were:

·      the latest news on Veteran’s benefits

·      unique niche planning techniques such as the Family Cabin Trust

·      how to set up Foundations for the charitably-inclined

·      breaking legal decisions regarding nursing home cases

·      how to communicate more effectively with clients using technology

·      thoughts about changes in the estate tax and capital gains laws next year

The American Association of Trusts, Estates and Elder Law Attorneys (AATEELA) is an invitation-only, professional association of estate planning and elder law attorneys from across the United States.  Members are selected on the basis of their professional reputation, ability and creativity in the fields of trusts, estates and elder law.  Each has made substantial contributions to these fields through lecturing, writing, and continuing education instruction.

Attorneys Thom Cooper, Chris Lavin and Mitch Adel represented the Thom L. Cooper Company.  Thom Cooper is a past president of AATEELA. 

Check back, we will discuss many of these issues over the next few weeks in our Blog.

The Shredding Incident at the Department of Veterans Affairs

Why hasn’t The Department of Veterans Affairs responded to my claim…
It’s possible they believe that it was never sent!

Do you know about the Shredding Incident that affected many claims for Veterans Benefits that were submitted by veterans, family members and survivors of veterans?



Recently the VA’s Office of Inspector General (OIG) found 36 claims documents had been inappropriately placed in shred bins for disposal. VA immediately ceased all shredding activities while a nationwide review was conducted of all documents in shred bins. Approximately 500 documents that could potentially affect a claimant’s entitlement to benefits were found improperly placed in shred bins at various regional offices.

For more information please visit: http://www.vba.va.gov/VBA/specialprocedures_qa.asp


Who’s news in business

Mitchell Adel Esq. was recently granted accreditation by the Department of Veterans Affairs and was admitted to the bar of the U.S.. Court of Appeals for Veterans Claims.
Adel may now represent veterans who have been denied disability claims as well as representing them in disputes regarding pensions, education benefits, recover of overpayments, and reimbursement for unauthorized medical expenses. The U.S. Court of Appeals for Veterans Claims, a national court of record, has exclusive jurisdiction to review decisions made by the Board of Veterans Affairs.
Adel graduated from Ithaca College in Ithaca, N.Y., in 1997 and attended Capital Law School in Columbus where he received his Juris Doctorate in 2000. In 2001, he was admitted to the Ohio State Bar. Adel served with the Franklin County Public Defenders office for four years before joining the five attorneys at the Thom L. Cooper Company LPA in 2005.
–– Mount Vernon News

Veterans Department: A Bureaucratic Mess


Many U.S. veterans and their families have raised concerns over their missing healthcare and personnel files at the Veterans Administration. David Martin reports from the Pentagon.

All too often, our veterans feel like they’re David battling Goliath, when dealing with the Department of Veterans Affairs.

In the latest outrage involving the VA, it turns out thousands of claims for benefits weren’t even opened, reports CBS News correspondent David Martin.

Jason Scott is one of nearly 350,000 veterans of Iraq and Afghanistan who depend on the VA for health care. When CBS News met him two years ago, he was already worrying about what would happen after he was discharged from the army.

“Getting lost in the VA system is definitely a concern,” Scott said at the time.

Read the full story…




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