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Table of Contents
-
Chapter 1 — VA Benefits -
I. [1.1] Introduction - II. [1.6] VA Benefits Overview
- [1.7] Five Initial Inquiries
- [1.8] Is Claimant a Veteran or a Qualifying Dependent or Survivor?
- [1.9] What Was the Character of the Claimant’s Discharge from Service?
- [1.10] Did the Claimant Perform Active Military Service?
- [1.11] What Was the Length of the Claimant’s Military Service?
- [1.12] Was There Any Willful Misconduct by the Claimant Related to the Claim?
- Available Benefits
- [1.13] Educational Benefits
- [1.14] VA Home Loan Guarantee
- [1.15] Access to Insurance Benefits
- [1.16] Burial Benefits
- [1.17] Death Benefits
- [1.18] Pension Benefits
- [1.19] Service-Connected Disability Compensation
- [1.20] Current Disability
- [1.21] In-Service Incurrence or Aggravation
- [1.22] Nexus
- [1.23] Direct service connection
- [1.24] Aggravation
- [1.25] Statutory presumption
- [1.26] Secondary service connection
- [1.27] Legal Standards
- [1.28] Certain Bars to Benefits
- III. VA Adjudication Process on an Original Claim for Disability Compensation
- Submitting a Benefits Claim at the VA Regional Office
- [1.29] VA Regional Office
- [1.30] Types of Claims Filed at the VA Regional Office
- [1.31] New or Original Claim
- [1.32] Reopened Claims Filed After a Final VA Denial
- [1.33] Claims for Revision of a Previous Final Decision Based on Clear and Unmistakable Error
- Claims Processing at the VA Regional Office
- [1.34] How To File a Claim at the VA Regional Office
- [1.35] Fully developed claim
- [1.36] Decision ready claim
- [1.37] Claim Processing
- [1.38] Duties Owed by the VA Regional Office
- [1.39] Time Limitations
- [1.40] Notification Letters
- [1.41] Denial of Claims
- VA Regional Office Administrative Appeal
- [1.42] Notice of Disagreement
- [1.43] De Novo Review by a Decision Review Officer
- [1.44] Statement of the Case
- [1.45] Rapid Appeals Modernization Program
- [1.46] Board of Veterans’ Appeals
- [1.47] Hearing
- [1.48] Equitable Relief
- [1.49] Appeal to the Court of Veterans’ Appeals and the Federal Circuit
- IV. Establishing the Percentage of Service-Connected Disability
- V. Disability Ratings and the Percentage of Disability
- [1.53] Introduction
- [1.54] Multiple Disabilities
- [1.55] Establishing the Percentage of Disability
- [1.56] Payment Levels
- [1.57] VA Evaluation of Claims
- [1.58] Benefit of the Doubt
- [1.59] Analogous Ratings
- [1.60] Combining Two or More Disabilities
- [1.61] Rule Against Pyramiding
- [1.62] The Amputation Rule
- [1.63] The Bilateral Factor Rule
- Special Evaluation Compensation Categories
- [1.64] Special Monthly Compensation
- [1.65] Non-Compensable Evaluation
- [1.66] Total Disability Based on Individual Unemployability
- [1.67] Reevaluation of a Service-Connected Disability
- [1.68] Reduction of a Disability Percentage
- [1.69] Rating Schedule Revisions
- [1.70] Termination of Disability Compensation
- [1.71] Increase of Disability Percentage
- Chapter 2 — Labor and Employment
- I. Scope of Chapter
- II. [2.4] Antidiscrimination Provision
- III. [2.5] Reemployment Rights
- [2.6] Eligibility for Reemployment Under §4312
- [2.7] Reemployment Positions Under §4313
- [2.8] Period of Service of Less than 91 Days
- [2.9] Period of Service of More than 90 Days
- [2.10] Reemployment of a Disabled Person
- [2.11] Escalator Position
- [2.12] Promotions
- [2.13] Reemployment of Servicemembers with Disabilities
- [2.14] Waiver of Rights Not Allowed
- When an Employer Is Not Required to Reemploy an Individual: Employer Defenses
- [2.15] Character of Service
- [2.16] Changed Circumstances
- [2.17] Undue Hardship
- [2.18] Nonrecurrent Position
- [2.19] Burden of Proof Under §4312
- [2.20] Protections Against Discharge
- IV. Other Issues
- V. [2.26] Appendix — Checklist
- Chapter 3 — Servicemembers Civil Relief Act
- I. [3.1] Scope of Chapter
- II. History and Intent
- III. Servicemembers Civil Relief Act Protection and Coverage
- IV. Procedural Protections of Servicemembers Civil Relief Act
- V. Financial Protections
- [3.20] Six-Percent Interest Cap (Material Effect — Burden on Creditor To Show No Material Effect)
- [3.21] Application to Mortgages
- [3.22] Student Loans
- [3.23] Nondiscrimination Protection
- Residential Lease Terminations
- [3.24] In General
- [3.25] Joint Leases
- [3.26] Automobile Lease Terminations
- [3.27] Cell Phone Contract Terminations
- [3.28] Evictions
- [3.29] Installment Contracts
- [3.30] Mortgages and Lien Protection
- [3.31] Income and Property Tax
- [3.32] Mobile Homes
- [3.33] Secondary Liability
- [3.34] Business and Trade Protection
- [3.35] Fines and Penalties Under Contract
- VI. Residence Rights
- VII. Other Servicemembers Civil Relief Act Protections
- VIII. [3.47] Waiver
- Chapter 4 — Illinois State Benefits and Laws
- I. Educational Benefits
- [4.1] Scholarships and Tuition Waivers
- [4.2] Illinois Veteran Grant
- [4.3] Illinois National Guard Grant Program
- [4.4] University of Illinois System’s Children of Veterans Tuition Waiver
- [4.5] Educational Credit for Military Experience Act
- [4.6] MIA/POW Scholarship
- [4.7] Work Study
- [4.8] College Course Completion Rights
- [4.9] School Code Residency
- [4.10] Illinois Military Family Licensing Act
- II. Employment and Consumer Laws
- [4.11] Service Member’s Employment Tenure Act
- [4.12] Definitions
- [4.13] Reemployment
- [4.14] Penalties
- [4.15] Illinois National Guard Employment Rights Law
- [4.16] Application
- [4.17] Reemployment
- [4.18] Documentation
- [4.19] Illinois Human Rights Act
- [4.20] Definitions
- [4.21] Violations
- [4.22] Filing a Complaint with the Illinois Department of Human Rights
- [4.23] Public Employee Armed Services Rights Act
- [4.24] Family Military Leave Act
- [4.25] Covered Entities
- [4.26] Requirements for Leave
- [4.27] Protections and Enforcement
- [4.28] Local Government Employees Benefits Continuation Act
- [4.29] Military Leave of Absence Act
- [4.30] Coverage and Protections
- [4.31] Enforcement
- [4.32] Municipal Employees Military Active Duty Act
- Unemployment Benefits
- [4.33] Unemployment Compensation for Former Servicemembers
- [4.34] Unemployment Compensation for Military Spouses
- [4.35] Admission of Military Spouse Attorneys from Other Jurisdictions
- [4.36] Veterans Care Program
- III. [4.37] Property Tax Relief
- IV. [4.43] Preference in Hiring and Promotion
- Personnel Code
- [4.44] Requirements
- [4.45] Ratings Methods
- [4.46] Categorical Method
- [4.47] Numerical Method
- [4.48] Administrative Review
- Municipal Code
- [4.49] Entrance Examinations
- [4.50] Promotional Examinations
- Secretary of State Merit Employment Code
- [4.51] Requirements
- [4.52] Procedures
- [4.53] Administrative Review
- [4.54] State Treasurer Employment Code
- [4.55] Comptroller Merit Employment Code
- [4.56] Illinois Procurement Code
- [4.57] State Police Act
- Veterans Preference in Private Employment Act
- [4.58] Requirements
- [4.59] Verification of Eligibility
- [4.60] Veterans Private Employment Preferences and the Human Rights Act
- [4.61] Tax Incentive for Hiring Veterans
- V. [4.62] Consumer Benefits and Protections Through the Illinois Patriot Plan and the Illinois Service Member Civil Relief Act
- [4.63] Military Personnel Cellular Phone Contract Termination Act
- [4.64] Department of Central Management Services Law
- [4.65] Illinois Municipal Code and Public Utilities Act
- [4.66] Illinois Insurance Code
- [4.67] Health Insurance Lapse Protection
- [4.68] Extended Health Insurance Coverage Under Parent’s Plan
- [4.69] Eviction Proceedings Under the Code of Civil Procedure
- [4.70] Interest Act
- [4.71] Motor Vehicle Leasing Act
- [4.72] Residential Property Protections: Mortgage Foreclosure Proceedings and Lease Terminations
- [4.73] Termination of Contracts for Services
- VI. [4.74] Death and Burial Benefits
- Chapter 5 — Family Law
- I. Jurisdiction over Servicemembers
- II. Marriage
- III. [5.6] Domestic Violence in the Military
- IV. [5.7] Military Family Support
- Family Support According to Military Branch
- [5.8] Army
- [5.9] Air Force
- [5.10] Coast Guard
- [5.11] Marine Corps
- [5.12] Navy
- [5.13] Garnishment
- [5.14] Limitations on Garnishments Against Servicemembers
- [5.15] Multiple Child Support Orders
- [5.16] Termination of Child Support Obligation and Garnishment
- [5.17] Temporary Termination of Child Support Payments upon Servicemember’s Retirement
- [5.18] VA Disability Payments
- [5.19] Jurisdiction over Adjudication of Division of Military Retirement Pay
- V. Survivor Benefit Plan and Divorce
- VI. [5.27] Army Reserve Issues
- VII. [5.30] Appendix — Additional Resources
- Chapter 6 — Resources
- I. [6.1] Scope of Chapter
- II. [6.2] Educational Benefits
- [6.3] Federal Educational Benefits
- [6.4] Montgomery GI Bill — Active Duty (MGIB-AD)
- [6.5] Montgomery GI Bill — Selected Reserve (MGIB-SR)
- [6.6] Reserve Educational Assistance Program (REAP)
- [6.7] Post-9/11 GI Bill
- [6.8] Survivors’ and Dependents’ Educational Assistance (DEA)
- [6.9] Veterans’ Educational Assistance Program (VEAP)
- [6.10] Vietnam Era GI Bill Conversion Program
- [6.11] Vocational Rehabilitation and Employment (CH31)
- [6.12] State Educational Benefits
- [6.13] Children of Veterans Scholarship
- [6.14] Educational Opportunities for Children
- [6.15] Illinois National Guard Scholarship
- [6.16] Illinois Veterans Grant (IVG)
- [6.17] MIA/POW Scholarship
- III. [6.18] Health-Related Services and Benefits
- [6.19] Veterans Administration Disability Claims and Pension Benefits and Claims
- [6.20] Department of Veterans Affairs
- [6.21] Veterans Service Organizations
- Organizations Chartered by Congress and/or Recognized by VA for Claim Representation
- [6.22] African American Post Traumatic Stress Disorder Association
- [6.23] Air Force Sergeants Association
- [6.24] American Ex-Prisoners of War
- [6.25] American GI Forum of the United States
- [6.26] American Gold Star Mothers, Inc.
- [6.27] American Legion
- [6.28] American Red Cross
- [6.29] AMVETS
- [6.30] Armed Forces Services Corporation
- [6.31] Army and Navy Union, USA, Inc.
- [6.32] Blinded Veterans Association
- [6.33] Blue Star Mothers of America, Inc.
- [6.34] Catholic War Veterans of the USA, Inc.
- [6.35] Congressional Medal of Honor Society
- [6.36] Disabled American Veterans
- [6.37] Fleet Reserve Association
- [6.38] Gold Star Wives of America, Inc.
- [6.39] Italian American War Veterans of the United States
- [6.40] Jewish War Veterans of the United States of America
- [6.41] Legion of Valor of the United States of America, Inc.
- [6.42] Marine Corps League
- [6.43] Military Chaplains Association of the United States of America
- [6.44] Military Order of the Purple Heart of the USA
- [6.45] Military Order of the World Wars
- [6.46] National Amputation Foundation
- [6.47] National Association for Black Veterans, Inc.
- [6.48] National Association of County Veteran Service Officers
- [6.49] National Association of State Directors of Veterans Affairs
- [6.50] National Veterans Legal Services Program
- [6.51] Navy Club of the U.S.A.
- [6.52] Navy Mutual Aid Association
- [6.53] Non Commissioned Officers Association
- [6.54] Paralyzed Veterans of America
- [6.55] Polish Legion of American Veterans — USA
- [6.56] Swords to Plowshares
- [6.57] The Retired Enlisted Association
- [6.58] United Spinal Association
- [6.59] Veterans Assistance Foundation
- [6.60] Veterans of Foreign Wars of the United States
- [6.61] Veterans of the Vietnam War, Inc./The Veterans Coalition
- [6.62] Vietnam Veterans of America
- [6.63] Women’s Army Corps Veterans’ Association
- [6.64] Illinois Department of Veterans’ Affairs
- [6.65] Committee for Employer Support of the Guard and Reserve
- [6.66] VA Healthcare
- [6.67] Veterans’ Life Insurance and Navy Mutual Life Insurance
- [6.68] Veterans’ Health Insurance
- [6.69] Mental Health Care
- [6.70] Women’s Veteran Programs and Services
- [6.71] Survivor Benefits
- III. [6.72] Legal Services, Programs, and Resources
- [6.73] U.S. Armed Forces Legal Assistance
- [6.74] Matters Handled by Legal Assistance
- [6.75] Matters Not Handled by Legal Assistance
- [6.76] Eligibility for Legal Assistance
- [6.77] Military- and Veteran-Specific Legal Programs
- [6.78] Illinois Armed Forces Legal Assistance Network
- [6.79] American Bar Association Military and Veterans Legal Center
- [6.80] Illinois State Bar Association Standing Committee on Military Affairs
- [6.81] The John Marshall Law School Veterans Legal Support Center and Clinic
- [6.82] Legal Assistance Foundation of Metropolitan Chicago
- [6.83] Southern Illinois University School of Law Veterans’ Legal Assistance Program
- [6.84] Lawyer Referral Programs
- [6.85] Online Legal Resources
- [6.86] American Bar Association Military and Veterans Legal Center
- [6.87] Stateside Legal
- [6.88] Military OneSource
- [6.89] Financial Industry Regulatory Authority
- [6.90] Office of the Illinois Attorney General Military and Veterans Rights Bureau
- [6.91] Illinois Joining Forces
- [6.92] Reserve Officers Association Service Members Law Center
- [6.93] North Carolina Legal Assistance for Military Personnel’s Legal Eagle
- IV. [6.94] Military Records
- V. [6.97] Other Benefits
Authors
- Jennifer DiVincenzo
Jennifer DiVincenzo
Jennifer DiVincenzo is an attorney for The John Marshall Law School Veterans Legal Support Center & Clinic in Chicago. Her practice focuses on litigating cases in the area of military and veteran law. She is a member of the American, Illinois State, and Chicago Bar Associations. Ms. DiVincenzo received her B.A. from Purdue University and her J.D. from The John Marshall Law School.
- Brian K. Jackson
Brian K. Jackson
Brian K. Jackson is an attorney for Laner Muchin, Ltd., in Chicago. His practice focuses on litigating cases in the area of labor and employment. He is a member of the Cook County Bar Association. Mr. Jackson received his B.A. from Southern University and A&M and his J.D. cum laude, Order of the Coif, from Southern University Law Center.
- Daniel Sean Patrick Lacy
Daniel Sean Patrick Lacy
Daniel Sean Patrick Lacy is an attorney for the United States Military Entrance Processing Command in North Chicago. His practice focuses on litigating cases in the areas of employment law, administrative law, and ethics. He serves as a U.S. Army Reserve Captain in the 91st Legal Operations Detachment. Mr. Lacy received his J.D. and his L.L.M. from The John Marshall Law School.
- Martin D. Parsons
Martin D. Parsons
Martin D. Parsons is Director of the Veterans’ Legal Assistance Program and adjunct professor at Southern Illinois University School of Law in Carbondale. His practice area focuses on VA disability and benefits appeals and discharge assistance in limited circumstances. He is a member of the Illinois State and Jackson County Bar Association and the Southern Illinois American Inns of Court. He has 26 years combined military service in the U.S. Marine Corps and Illinois Army National Guard. Mr. Parsons received his B.S. from Western Illinois University and his J.D. from the Southern Illinois University School of Law.
- Jason T. Vail
Jason T. Vail
Jason T. Vail is the Director of the Legal Services Division of the American Bar Association in Chicago. Mr. Vail received his J.D. cum laude from Gonzaga University School of Law.
- Akeela White
Akeela White
Akeela White is Assistant General Counsel for JPMorgan Chase Bank, N.A., in Chicago. Her practice focuses on litigating cases in the area of veterans’ rights. She has eight years combined military service in the U.S. Army, National Guard, and Army Reserve. Ms. White received her B.A. from Illinois State University and her J.D. from The John Marshall Law School.
Military Service and the Law 2018 Edition
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