Law Office of Donald D. Vanarelli Blog

Fully Developed VA Claims The Department of Veterans Affairs (VA) has implemented a new process designed to expedite claims for VA benefits having all information required by the agency and all required supporting  evidence. The new process, officially titled in 38 CFR §20.1509(a) as the “Expedited Claims Adjudication Initiative-Pilot Program,”  is unofficially called the Fully [...]

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Several months ago, I presented a program on Veterans Benefits and Social Security Disability Benefits at the Elder Law College, a seminar on Elder Law and Special Needs Law presented each year by the New Jersey Institute of Continuing Legal Education. I wrote a blog post summarizing the seminar material  presented at the Elder Law [...]

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In recent years, applicants for Medicaid benefits in New Jersey have been incorrectly denied eligibility as a result of including as “countable income” the applicants’ Veterans Administration Improved Pension (“VAIP”) benefits awarded pursuant to 38 U.S.C. § 1541(d)(1) for unreimbursed medical expenses (“UMEs”). New Jersey’s Medicaid agency, the Department of Medical and Health Services (“DMAHS”), [...]

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On Saturday, April 27, 2013, I presented a session on the impact of elder law issues on divorce mediation at the 2013 Annual Divorce Mediation Seminar by the New Jersey Association of Professional Mediators. The topics covered in my session included Social Security, including retirement, disability and survivors benefits, Supplemental Security Income benefits, Medicare, Medicaid, [...]

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The Department of Veterans Affairs (VA) is causing Medicaid applicants to be incorrectly denied benefits due to the way the federal agency is reporting the VA pension benefit to state agencies for the purpose of determining Medicaid eligibility. In that regard, the VA is issuing letters to state Medicaid agencies which breakdown the VA benefit [...]

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In August, the VA’s inspector general said the weight of paper files at the agency’s Winston-Salem, N.C., office had compromised the structural integrity of the building. Credit: Office of the Inspector General/Department of Veterans Affairs and the Center for Investigative Reporting

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It IS possible for a surviving veteran to receive Dependency and Indemnity Compensation (DIC) Benefits from the Department of Veterans Affairs (VA) based on the deceased spouse’s military service as well as a VA Pension Benefit based on the survivor’s own military service, but any DIC award based on the deceased spouse’s service will be [...]

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For years, clients have asked about pension benefits available from the Department of Veterans Affairs (VA). Because of this consistent client interest, I’ve written about VA pension benefits with Housebound or Aid and Attendance Supplement in many blog posts over the years. However, one issue I haven’t blogged about yet involves calculating the amount of [...]

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Must I be living in a care facility or receiving care at home before I apply for VA benefits? No, it is not necessary to be living in a care facility in order to apply for VA benefits. However, if you are in need of personal assistance, a protective environment and your doctor confirms your [...]

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Veteran, Widowed Spouse, and Dependent or Disabled Child May Be A Claimant for VA Pension Benefits Veterans must have served ninety (90) days on active duty, one day of which was served during wartime. (Note: Those who enlisted after September 7, 1980 have a different active duty service requirement.) Veteran cannot have had a dishonorable [...]

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