Veterans And Military

Authored By: Lagniappe Law Lab
Read this in: Spanish / Español

About

About Veterans And Military

This provides a comprehensive overview of benefits and protections for veterans and military personnel. It covers various categories such as housing, consumer issues, public benefits, jobs and employment, and estate planning.  

  • Key topics in housing include Veteran's Administration (VA) home loans, foreclosure counseling help from the VA, and lease terminations, foreclosure, and eviction protections for active duty under the Servicemembers Civil Relief Act (SCRA). 
  • Key topics in consumer issues include the reduction of interest rates on loans under the SCRA, protections for the termination of car leases for active duty under the SCRA, and protections against repossession of property for active duty under the SCRA. 
  • Key topics in public benefits include benefit programs offered by the VA such as disability benefits, health benefits, and benefits for dependents of service members after death.
  • Key topics in jobs and employment include different VA employment support programs for veterans and military with a disability and their dependents and small-business help for veteran-owned businesses. 
  • Key topics in estate planning include benefits for dependents of service members after death, VA life insurance, VA burial benefits, drafting a will, and powers of attorney (POA). 

This is divided into sections addressing different aspects of legal aid for veterans and military personnel. Click on each tab to learn more about the topics and issues associated with that category. 

Housing

Housing

These are some of the housing issues related to veterans and military personnel with a focus on VA home loans, VA foreclosure counseling, and housing rights under the Servicemembers Civil Relief Act (SCRA). 

Housing

VA home loans are a significant benefit for Veterans, service members, and their survivors, offering a path to homeownership that might otherwise be difficult to achieve through traditional lending methods. These loans are provided by private lenders, such as banks and mortgage companies, but are backed by the U.S. Department of Veterans Affairs (VA). This backing by the VA makes lenders more willing to offer favorable terms to borrowers.

To be eligible for a VA home loan, veterans, service members, and certain members of the National Guard and Reserves must meet specific service criteria, such as length and character of service. Surviving spouses of service members who died in the line of duty or as a result of a service-related disability may also be eligible. Borrowers must still meet lender requirements related to credit score and income to ensure they can repay the loan. 

Learn more about VA home loans, including how to apply, here

The VA offers foreclosure counseling services for veterans facing financial difficulties, including the risk of foreclosure on their VA home loans. The VA's foreclosure counseling services are designed to provide veterans with guidance and assistance to navigate financial difficulties that could lead to the foreclosure of their home. This includes exploring options to prevent foreclosure and finding solutions to manage their mortgage payments more effectively. 

Veterans facing the risk of foreclosure should contact the VA Loan Servicing Center as soon as possible to explore their options. The sooner they reach out for help, the more options they may have available to them to resolve their financial difficulties and retain their homes. 

You can learn more about options to avoid foreclosure, here

Under the Servicemembers Civil Relief Act (SCRA), if you took out a mortgage before entering active duty service, you can’t be foreclosed on without a court order, unless you have waived your rights. This protection applies while you are on active duty and for an additional year after leaving active duty. 

Under the SCRA protections, a court has the discretion to independently halt (stay) a foreclosure process or modify the terms of a mortgage if it sees fit. Upon the servicemember's request, the court can decide to temporarily stop any ongoing foreclosure actions against their property or rework the loan conditions to make them more manageable under the servicemember's current financial situation. 

Servicemembers who encounter challenges with foreclosure under the SCRA are encouraged to seek legal assistance through their military legal assistance office.

Under the Servicemembers Civil Relief Act (SCRA), active duty servicemembers can terminate residential leases if they receive orders for a permanent change of station (PCS) or deployment that is for a period of 90 days or more. This allows servicemembers to end their lease without penalty after providing proper notice to their landlords. 

To terminate a lease under the SCRA, the servicemember must deliver written notice to the landlord along with a copy of their military orders. The termination becomes effective 30 days after the next rent payment is due, once notice is given. 

Landlords are prohibited from charging early termination fees or penalties. However, servicemembers are still responsible for any rent owed up to the termination date and any reasonable charges for excess wear and use. 

Servicemembers who encounter resistance or challenges in terminating their leases under the SCRA are encouraged to seek legal assistance through their military legal assistance office.

Under the Servicemembers Civil Relief Act (SCRA), active duty servicemembers are afforded protection against eviction. The SCRA prevents landlords from evicting active duty servicemembers from their primary residence without a court order if their monthly rent is below a certain threshold. 

If a landlord seeks to evict an active duty servicemember for nonpayment of rent or other breach of lease under this rent cap, they must first obtain a court order. Upon a request from the servicemember, the court has the authority to grant a stay of proceedings for up to 90 days or make any other "just" order regarding the lease or eviction.

The servicemember, or their representative, can request this protection in court. They will need to provide evidence of their military service and demonstrate how their service materially affects their ability to meet their rental obligations.

Beyond the prevention of eviction, the SCRA does not specifically mandate a reduction of rent obligations. However, the court may adjust the lease terms as it sees fit, which could potentially include a temporary reduction in rent if the servicemember’s ability to pay is significantly affected by their service.

Active duty servicemembers who face eviction or struggle to meet rent payments due to their service should: 

  • Notify the landlord: Communicate their military status and the financial impact of their service to their landlord, providing a copy of their military orders as evidence.
  • Seek Legal Assistance: Contact a military legal assistance office through their military branch for help in understanding their rights under the SCRA and assistance in court proceedings if necessary.

Consumer Issues

Consumer Issues

These are some of the consumer issues related to veterans and military personnel discussing benefits under the Servicemembers Civil Relief Act (SCRA) like reduced interest rates on pre-service debts and protections against repossession. 

Consumer Issues

The Servicemembers Civil Relief Act (SCRA) provides a benefit for active duty servicemembers that allows them to reduce the interest rate on any pre-service loans and obligations to a maximum of 6 percent per annum. This protection covers various types of debt, including mortgages, credit cards, car loans, and other forms of consumer and secured debts.

To receive the interest rate reduction, servicemembers must notify their lenders in writing and include a copy of their military orders. The notification must be sent to the lender within 180 days of the end of the servicemember's active duty period.

Upon receiving proper notification, the lender is required to reduce the interest rate to 6 percent per annum. This reduction applies to both the interest and any service charges, fees, or other charges (except for bona fide insurance) related to the debt.

Servicemembers experiencing difficulties in getting their interest rates reduced or facing non-compliance from their lenders are encouraged to seek assistance from their legal assistance office or the Consumer Financial Protection Bureau (CFPB), which offers resources and support for military personnel.

Under the Servicemembers Civil Relief Act (SCRA), active duty servicemembers can terminate automobile leases if they receive orders for a permanent change of station (PCS) or deployment that is for 180 days or more. This allows servicemembers to end their lease without penalty after providing proper notice to their landlords. 

For vehicle leases, the termination is effective as soon as the vehicle is returned to the lessor after the notice and a copy of the military orders have been provided.

Lessors are prohibited from charging early termination fees or penalties. However, servicemembers are still responsible for any rent owed up to the termination date and any reasonable charges for excess wear and use and mileage.

Servicemembers who encounter resistance or challenges in terminating their automobile leases under the SCRA are encouraged to seek legal assistance through their military legal assistance office.

The Servicemembers Civil Relief Act (SCRA) offers active duty servicemembers protections against the repossession of property, particularly when the debt was incurred before their active duty service.

Under the SCRA, a lender must obtain a court order before repossessing a vehicle or any other property from an active duty servicemember if the loan originated before the servicemember's active duty period began. This requirement ensures that servicemembers have legal recourse and the opportunity to be heard before any repossession action can be taken.

In any court proceedings for repossession, the court will consider whether the servicemember's ability to meet the financial obligation was materially affected by their military service. If the court finds that the servicemember’s military duties have materially affected their ability to pay, it may delay the repossession or adjust the payment terms to prevent undue hardship on the servicemember.

Servicemembers should notify their creditors in writing of their active duty status and, ideally, provide a copy of their military orders as soon as possible. While not strictly required for SCRA protections to apply, this step can help in the swift application of protections.

Servicemembers facing repossession actions are encouraged to seek legal counsel. Military legal assistance offices can provide guidance and representation to ensure servicemembers' rights under the SCRA are fully protected.

Public Benefits

Public Benefits

These are some of the public benefits programs for veterans and military personnel explaining eligibility for VA health benefits, disability benefits, and public benefits for service members' families after death. 

Public Benefits

Veterans Affairs (VA) health benefits provide a wide range of medical, wellness, and support services for eligible veterans and military personnel. These benefits are designed to offer comprehensive healthcare solutions, including preventive, primary, and specialty care, as well as mental health services, rehabilitation, and prescription medications. 

Eligibility for VA health benefits primarily depends on factors such as the nature of a veteran's discharge from military service, length of service, service-connected disabilities, income level, and availability of other health insurance. Generally, individuals who served in the active military, naval, or air service and who were discharged or released under conditions other than dishonorable may qualify for VA health benefits.

You can learn more about VA health benefits, including how to apply, here

Veterans Disability Benefits are provided by the Department of Veterans Affairs (VA) to veterans who have become disabled as a result of their service in the military. These benefits are designed to compensate veterans for injuries or diseases that occurred while on active duty or were made worse by their military service. The range of disabilities covered is broad, including physical injuries, mental health conditions, and chronic diseases.

To be eligible for disability benefits, veterans must meet the following criteria:

  • Service Connection: The veteran's disability or condition must be connected to their military service.
  • Discharge Status: The veteran must have been discharged under conditions other than dishonorable.
  • Medical Evidence: There must be medical evidence documenting the disability and showing a link between the disability and the veteran's service.

You can learn more about Veterans Disability Benefits, including how to apply, here

As the spouse or dependent child of a Veteran or service member, you may qualify for certain benefits, like health care, life insurance, or money to help pay for school or training. As the survivor of a Veteran or service member, you may qualify for added benefits, including help with burial costs and survivor compensation.

Benefits for spouses, dependents, and survivors include: 

Learn more about VA benefits for spouses, dependents, survivors, and family caregivers, here

Jobs And Employment

Jobs And Employment

These are some of the issues related to jobs and employment for veterans and military personnel covering employment training programs, reemployment services, and support for veteran-owned small businesses.

Jobs And Employment

If you’re a Veteran or service member with a service-connected disability that impacts your ability to work, the Veteran Readiness and Employment program (formerly called Vocational Rehabilitation and Employment) may be able to help. 

Eligibility: Learn about eligibility for Veteran Readiness and Employment (VR&E). If you're a service member or Veteran and have a disability that was caused or made worse by your active duty service and limits your ability to work or prevents you from working, you may be able to get employment support or services to help you live as independently as possible. 

How To Apply: Get step-by-step instructions on how to apply for the Veteran Readiness and Employment Program (VR&E)

If you are a dependent family member of a service member or Veteran with a service-connected disability, the VA provides educational and career counseling services. This program aims to help eligible family members to make informed decisions about their educational and career paths, potentially leading to more fulfilling job opportunities and improved quality of life. 

Eligibility: To be eligible for these counseling services, you generally need to be a dependent of a Veteran or service member who is either:

  • Entitled to disability compensation from the VA,
  • Receiving VA education benefits under certain programs (e.g., the Post-9/11 GI Bill),
  • Or a service member currently undergoing medical discharge who will receive a VA disability rating.

How To Apply: Dependent family members interested in these services can apply through the VA by completing and submitting VA Form 28-8832 (Application for Counseling). This form can be submitted online through the VA's eBenefits portal, or a paper version can be mailed directly to the VA. Mail to completed form to your nearest VA regional office

If you have a Veteran-Owned Small Business, you may qualify for advantages when bidding on government contracts—along with access to other resources and support—through the Veteran Small Business Certification program (VetCert). VetCert is run by the U.S. Small Business Administration (SBA). 

Eligibility: To qualify for VetCert, a business must be at least 51% owned and controlled by one or more veterans. Additionally, the veteran(s) must have a direct role in the day-to-day management and operations of the business. For Service-Disabled Veteran-Owned Small Businesses, the veteran owner(s) must also have a service-connected disability.

Application Process

The application process for VetCert involves several steps, including:

  1. Documentation: Applicants must provide documentation proving veteran status, business ownership, and control. This documentation can include DD Form 214 (Certificate of Release or Discharge from Active Duty) and evidence of the business structure and operational management.
  2. Verification: The SBA reviews applications to verify that businesses meet all eligibility criteria. This process may involve additional requests for information or clarification.
  3. Certification: Once approved, businesses receive certification, making them eligible for the associated benefits and opportunities.

Learn more about VetCert on the SBA website

Estate Planning

Estate Planning

These are some of the issues related to estate planning for Veterans and Military. This provides information on benefits for service members after the death of a service member, life insurance through the Veteran's Administration (VA), VA burial benefits and services, drafting wills, and powers of attorney (POA). 

Estate Planning

As the spouse or dependent child of a Veteran or service member, you may qualify for certain benefits, like health care, life insurance, or money to help pay for school or training. As the survivor of a Veteran or service member, you may qualify for added benefits, including help with burial costs and survivor compensation.

Benefits for spouses, dependents, and survivors include: 

Learn more about VA benefits for spouses, dependents, survivors, and family caregivers, here

VA life insurance can offer financial security for Veterans, service members, and their spouses and dependent children.

Here are some of the life insurance options

For Veterans and Service Members

  1. Service-Disabled Veterans Life Insurance (S-DVI): Specifically for Veterans who have received a service-connected disability rating from the VA. This program offers the opportunity to secure life insurance if the disability makes obtaining traditional life insurance challenging.

  2. Veterans' Group Life Insurance (VGLI): Allows Veterans to convert their Servicemembers' Group Life Insurance (SGLI) coverage to a civilian program upon leaving the military. VGLI offers lifetime coverage as long as premiums are paid, with the ability to increase coverage up to every five years without proof of good health.

  3. Servicemembers' Group Life Insurance (SGLI): Provides low-cost term life insurance to eligible service members. If a service member dies during coverage, SGLI provides a payment to their beneficiaries. Coverage can be extended for a short period after leaving service, and service members can convert to VGLI afterward.

For Spouses and Dependent Children

  1. Family Servicemembers' Group Life Insurance (FSGLI): Offers life insurance coverage to the spouses and dependent children of service members covered under SGLI. Spouses can be insured up to the maximum amount of SGLI coverage held by the service member, not to exceed $100,000. Dependent children are automatically covered at no charge for $10,000.

  2. Spouses and dependent children of Veterans may also benefit from VGLI if the service member converts their SGLI coverage after separation.

How to Apply

  • The application process varies depending on the specific VA life insurance program. For most programs, service members and Veterans can apply online through the VA website or by completing and submitting the required forms. Learn more about how to apply to each program here

VA burial benefits can help service members, Veterans, and their family members plan and pay for a burial or memorial service in a VA national cemetery.

Eligibility

To be eligible for VA burial benefits, you must fall into one of the following categories:

  • Service Members and Veterans: Those who served in the active military, naval, or air service and were discharged under conditions other than dishonorable.
  • Family Members: This can include the spouse, dependent children, and sometimes the parents of the veteran or service member.

How To Apply

You can apply to find out in advance if you can be buried in a VA national cemetery. This is called a pre-need determination of eligibility—and it can help make the burial planning process easier for your family members in their time of need. You will fill out the Application for Pre-need Determination of Eligibility for Burial in a VA National Cemetery (VA Form 40-10007). Follow the steps here

Drafting a will for veterans and service members ensures that their wishes are honored and their families are taken care of. A will is a legal document that outlines how a person's assets and estate will be distributed upon their death. For veterans and service members, incorporating elements related to their service and understanding how military benefits affect estate planning are crucial steps in creating a will that honors their legacy and provides for their loved ones. 

To learn more about drafting an effective will for veterans and service members click here

Powers of Attorney play a critical role in safeguarding the interests and welfare of veterans and military personnel, and facilitating the management of their legal, financial, and personal affairs, especially during times of deployment, incapacity, or extended absence from home.

You can learn more about POA and how to write a POA here

Here are key aspects of how POA is related to veterans and military members:

  1. Deployment and Absence: Military personnel often face deployments overseas or assignments in remote areas, making it impossible for them to handle personal and legal affairs directly. A Power of Attorney allows them to designate someone they trust to manage these matters in their absence, such as financial transactions, property management, and legal decisions.

  2. Veterans Affairs (VA) Benefits: Veterans may need assistance managing their affairs with the Veterans Affairs, especially if they are incapacitated or otherwise unable to handle their affairs. A POA can enable a designated individual to communicate with the VA, manage benefits, and make necessary decisions regarding healthcare and other benefits.

  3. Healthcare Decisions: Military members and veterans may appoint a healthcare POA to make medical decisions on their behalf if they become incapacitated or unable to make such decisions themselves. This is particularly important for those with combat-related injuries or conditions that might impair their decision-making capabilities.

  4. Estate Planning: For both active-duty military members and veterans, estate planning is a crucial aspect of ensuring that their families and assets are protected. A POA is a critical tool in estate planning, allowing individuals to appoint someone to make decisions about their property and financial affairs if they are unable to do so.

  5. Legal and Financial Planning: The complexities of military benefits, pensions, and the unique legal status of military personnel require careful legal and financial planning. A POA can authorize an agent to handle such planning, including the drafting of wills, managing retirement accounts, and dealing with military pensions.

  6. Assistance for Disabled Veterans: Veterans who are disabled and unable to manage their financial affairs can benefit from a POA by designating a trusted individual to act on their behalf, ensuring their financial resources are managed properly and their needs are met.

  7. Family Care Plans: For service members with dependents, a POA is an integral part of a family care plan, which outlines arrangements for the care of dependents in the service member's absence. This includes financial management, guardianship, and decisions related to the well-being of children.

Last Review and Update: Mar 11, 2024
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