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Questions Related To United States DVA

The Department of Veteran Affairs (DVA) is a benefit system of the government which provides assistance to military veterans, their families and survivors. There are various types of benefits that it offers. Some of these include: life insurance, pension, education, disability compensation, vocational rehabilitation, medical, burial, survivor benefits, and home loans. This article provides answers to some of the most commonly asked questions about issues related to this.

What should be done if the DVA declares someone incompetent and declines to release back benefits?

There are certain things that can be done if it declares someone incompetent. Firstly, you can challenge the decision that you are incompetent. If declared incompetent, you have to prepare your documents to request a hearing. Next, you may apply to get yourself appointed fiduciary, which is however a difficult task. The DVA usually appoints a fiduciary without any specific input from the family. If you have power of attorney for health care for that person, you may try to convince the VA to appoint you the fiduciary. Usually, the VA does not appoint a person as a fiduciary if they don't possess the power of attorney. You may approach a local court to appoint you as guardian. This might be recognized by them and may be appointed fiduciary.

Is it possible for a 48 year old reservist receiving a check for a medical treatment to qualify for CDRP?

The check currently being received by you is Military Medical Disability Pay from DoD. If you have completed 20 years of reserve service, you would be eligible for longevity retirement pay. However, you have to be 60 years old before receiving that. Irrespective of whether you are disabled or not, the CDRP does not allow retirement pay for retired reservists who are not 60 year old.

Can someone sue the Veterans Administration for stopping disability payments for six months?

You can sue them, but you may end up spending a huge amount of time and money on lawyer's fees. Before suing them it is better to try contacting the VA representative. You may request back pay after explaining your present situation. If this doesn't work you may contact your Congressman and request to intervene on your behalf. You should explore all the options before filing a lawsuit.

In case a 72 year old surviving spouse of a deceased retired veteran remarries, would they lose Tricare benefits?

In case of remarriage you may lose your Tricare coverage, unless your new spouse is a rightful Tricare sponsor. If your new spouse is eligible, you will continue to enjoy the coverage through your new spouse. If you lose the benefit, you would receive a certificate of credible coverage. This will help you prove that you had prior coverage which will keep you from being excluded from a new health care plan in case you suffer from any pre-existing condition.

While Department of Veteran Affairs is a very helpful benefit system provided by the government, it has certain tricky issues which might confuse the lay person. If you are thrown into a situation where you have to deal with them, it is advisable to ask a military lawyer to decide the best course of action.

Original article published on amazines.com

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