"Hidden" VA benefits...EAJA Fees

[broncovet]

A few years ago, on another board, there was a discussion on "hidden" VA benefits.  One of the ex VA employees, who always defended VA, said there was no such thing.  I disagree.  I will discuss 3 of these benefits that are "lesser known".  

1.  ILP.  This is one rarely mentioned by VA.  Alex has become an expert on this one, and is getting about a $100,000 greenhouse installed.   Of course, this is after a long fight with VA, where VA employees undoubtedly told him, "The VA ILP does not cover greenhouses."  Not true.   A google search did NOT supply a link to the VA ILP program..gee, I wonder why.  Its done through VA Voc Rehab, and, if you dont know that, you may not even know to apply:

http://www.benefits.va.gov/vocrehab/independent_living.asp

Of course, VA uses confusing terms like "ILP", and ILP doesnt always have a lot to do with "independent living".  

2.  Free 10,000 of life insurance for disabled Vets.  This is not hard to get, as long as you know to apply.  By the way, I happen to know that if you apply for this 10,000 policy and get it, this free life insurance builds cash value and you can "cash in" the life insurance policy after about 20 years for..you guessed it..10,000 in cash.  More on VA free life insurance:  http://www.benefits.va.gov/insurance/disabledvet.asp

3.  EAJA fees for disabled Vets.  You dont hear VA talking about this one, and, even rarer to hear a VSO mention EAJA fees.  Here is how this works.  You dont apply..your attorney does.  You hire the attorney, and your attorney, after he/she wins retro, needs to apply to EAJA for YOUR attorney fees.  The Supreme Court Justice, of the United States, once remarked that the VA's denial of Veterans benefits was "substantially unjustified" about 70 percent of the time. http://legaltimes.typepad.com/blt/2010/02/roberts-startled-by-government-errors-in-vet-cases.html Generally, for a Vet to get his attorney fees paid by EAJA, the denial had to be "substantially unjustified".    What this means is the VA denied you wrongly and you had to hire an attorney to get your benefits, and EAJA paid the bill.  

Here is legal mumbo jumbo on EAJA fees for VEts:

http://www.bva.va.gov/docs/VLR_VOL7/VA-EAJA-fees-2015.pdf 

Edited March 2, 2017 by broncovet

[Buck52]

This is all good to know  but in my opinion with all the stress in waiting for a decision  why add more stress, I learn a long time ago to not mix up different things to make things harder to understand if you don't need too during the claims process...besides if you use an attorney(if you get a good one)  let him/her have the stress and the Veteran can sit back and wait.  & keep in good communication going  with your Attorney.

[lotzaspotz]

Bronco, I have a question on the life insurance.  My husband has held this insurance about eight years or so.  We were never told about it prior to that (even though he would have qualified for it) and when he won an appeal on an earlier effective date, we applied for it.  He has now been 100% schedular for 20 years, but that wasn't awarded in real time.  We clawed back through Appeals of either ratings or effective dates a little bit at a time, so each time, we gained a little more retro for him.  So, does the 20 year period that must pass before you can cash out the face value of the policy start from the date the veteran is rated 100%, or does it start when the policy is actually issued?  The veteran doesn't pay premiums, so the VA isn't losing any money in the deal either way, I would think.  Thanks!