Veterans’ Legal Advocacy: Pursuing Pension, Compensation, and Surviving Spouse Benefits
He served in various positions, including twice as the Staff Judge Advocate for Fort Hood. He served as a full-time law professor at The Judge Advocate General's (JAG) School in Charlottesville, Virginia, where he taught estate planning, taxation, and veterans & survivor benefits.
Jim has a unique background with extensive knowledge and experience in Wealth Transfer and Estate Planning, Business Planning, Medicaid Planning, assisting Veterans and surviving spouses get the benefits they have earned, and coordinating VA Benefits with Medicaid.
3 hour CLE
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Program Summary
Session I - VA Disability Compensation Benefits, Dependency and Indemnity Compensation for Survivors, and VA Appeals – Rick Rousseau
This session provides basic information about the eligibility for VA disability compensation, Dependency and Indemnity Compensation for survivors, and the current VA claims and appeals process under the Appeals Modernization Act.
Key Topics
- Eligibility for VA benefits from Veterans Benefits Administration (VBA)
- VA disability compensation
- Dependency and Indemnity Compensation (DIC)
- Appellate processes in VA claims under the Appeals Modernization Act
Session II - Veterans Benefits: Empowering Attorneys to Assist Veterans and Surviving Spouses – James B. Swain
There is a great need for more Attorneys to assist veterans and surviving spouses in accessing financial benefits for which they are eligible. The VA’s rules are complex and their administration is worse. It is nearly impossible for a person to get a claim approved without professional help. Compensation is basically a personal injury claim for health problems they have due to their service in the military. Pension is a financial benefit which is limited veterans that served during a war period. The funds help covered medical and living expenses when the veteran has more medical expense than income. There are complicated financial and medical rules, similar to Medicaid and estate planning. There is a need for attorneys with a background in estates, taxes, trusts and asset protection.
Key Topics
- Veterans pension, and compensation
- How do veterans and surviving spouses benefit
- Why should attorneys add this to their law practice?
- What is required for attorneys to add this to their law practice
- Optional ways to add this to attorney’s practice
This course is co-sponsored with myLawCLE.
Closed-captioning available
Speakers
Colonel (Retired) Rick Rousseau | Criss & Rousseau Law Firm LLP
Colonel (Retired) Rick Rousseau served on active duty as an Army Judge Advocate (JAG) for 27 years. He served in various positions, including twice as the Staff Judge Advocate for Fort Hood. He served as a full-time law professor at The Judge Advocate General’s (JAG) School in Charlottesville, Virginia, where he taught estate planning, taxation, and veterans & survivor benefits. He deployed three times as part of Operation Iraqi Freedom and Operation Enduring Freedom. Rick has been a partner in the Criss & Rousseau Law Firm in Harker Heights, Texas, since 2015 where his practice focuses on Veteran’s benefits law.
Rick earned his Bachelor of Science (BS) in Education (1982), The University of Texas, Austin, Texas, Doctor of Jurisprudence (JD) (1987), South Texas College of Law, Houston, Texas, Master of Laws (LLM) in Taxation (1992), University of Alabama School of Law, Tuscaloosa, Alabama, Master of Laws (LLM) in Military Law with a Specialty in Administrative & Civil Law (1997), The Judge Advocate General’s School, U.S. Army, Charlottesville, Virginia, and Master of Arts (MA) in National Security and Strategic Studies (2011), U.S. Naval War College, Newport, Rhode Island. Rick is a graduate of the Army Command & General Staff College and the Naval War College.
James (Jim) B. Swain, JD, MBA | Swain Law Firm, LLC
Jim has a Law Degree (JD) and a Master of Business Administration Degree (MBA) from Memphis State University (now University of Memphis), a BA in Human Resource Management from Pepperdine University. Jim has a unique background with extensive knowledge and experience in Wealth Transfer and Estate Planning, Business Planning, Medicaid Planning, assisting Veterans and surviving spouses get the benefits they have earned, and coordinating VA Benefits with Medicaid.
He conducts seminars for charitable institutions, individuals, attorneys, CPAs, investment advisors, insurance agents, Advisors to the Elderly, and trust officers on estate planning, wealth preservation, business succession, wealth transfer, Medicaid, and Military Veterans benefits. He is a co-developer of the ElderCounsel VA Pension Immersion Course, the Academy of VA Pension Planner’s Conference on Implementation of VA Pension Planning for Attorneys, and a frequent speaker on VA Pension Benefits at WealthCounsel/ElderCounsel and other events.
He is the founder and principal of Swain Law Firm in Roswell, Georgia and founder and CEO of the Academy of VA Pension Planners. He is licensed to practice law in Georgia and Tennessee and was one of the first 50 attorneys in the country and first three in Georgia to be accredited by the VA.
He is also a member of WealthCounsel, National Academy of Elder Law Attorneys, Roswell Rotary Club, Georgia Bar Association, and numerous veterans associations (American Legion Post 201 (Alpharetta), Veterans of Foreign Wars (VFW) Post 12002 (Alpharetta), Johns’ Creek Veterans Association, Atlanta Vietnam Veterans Business Association, and the Georgia Vietnam Veterans Association).
He is a Vietnam Veteran. He has 10 years active duty in the US Navy and 10 years in the Naval Reserve.
Agenda
Session I – VA Disability Compensation Benefits, Dependency and Indemnity Compensation for Survivors, and VA Appeals | 1:00pm – 3:10pm
- Eligibility for VA benefits from Veterans Benefits Administration (VBA)
- Status
- Character of discharge
- VA disability compensation
- Service-connected disability compensation benefits
- Eligibility criteria
- How to apply for disability compensation
Break | 2:00pm – 2:10pm
- Dependency and Indemnity Compensation (DIC)
- Eligibility requirements
- Benefits available to eligible survivors
- Application process and common challenges
- Appellate processes in VA claims under the Appeals Modernization Act
- Appeals process for VA decisions
- Types of appeals and their specifics
- Timelines and rules for filing appeals
- Strategies for effective representation in appeals
Break | 3:10pm – 3:20pm
Session II – Veterans Benefits: Empowering Attorneys to Assist Veterans and Surviving Spouses | 3:20pm – 4:20pm
- Veterans pension, and compensation
- How do veterans and surviving spouses benefit
- Why should attorneys add this to their law practice?
- What is required for attorneys to add this to their law practice
- Optional ways to add this to attorney’s practice
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