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Veterans Advocacy Project

Overview

The Veterans Advocacy Project supports the mission of The Legal Aid Society of Palm Beach County, Inc. to provide high-quality civil legal advice, representation, and education to the disadvantaged in order to protect their personal safety, enhance their opportunities and living conditions, and promote self-sufficiency.

Through funding by the Department of Veteran’s Affairs, United Way- Mission United and the Standdown House, the Legal Aid Society’s enhanced Veterans Advocacy Project concentrates in removing barriers to wellbeing and overall health for eligible Palm Beach County veterans, their family and caregivers, and service members through the provision of free legal civil advice, consultation, representation and education related to housing, child support modifications, increasing V.A. disability ratings, requested upgrades to the character of discharge from the U.S. Armed Forces, and access to healthcare.

Services

Our Legal Services are free of charges and include, but are not limited to:

Veterans Advocacy Projects

The Veterans Advocacy Project’s primary focus is to assist unhoused or housing unstable and/or at-risk veterans with legal matters that are creating barriers to achieving housing stability.

“At risk” veterans include those who (1) couch surf or live in someone else’s home due to finances, (2) have been given an eviction notice, (3) have moved two or more times in the last 60 days, (4) live in a hotel or motel, (5) are fleeing or attempting to flee domestic violence, or (6) have otherwise unstable housing.

Housing Advocacy

The Veterans Advocacy Project will offer legal representation in housing, court, or mediation and negotiation to prevent unlawful evictions, resolve landlord-tenant disputes, defend against housing discrimination, and fight mortgage foreclosures in order to prevent homelessness. The Project will also help eligible disabled veterans and service members covered under the Fair Housing Act, who may need assistance with reasonable accommodations and modifications so they may remain in their home.

Family Advocacy

The VAP will offer assistance in court proceedings related to child support modifications; injunctions for protection for victims of domestic or intimate partner violence; simple estate planning assistance with the preparation of documents such as wills, advance directives and guardianships; We do not offer trust services within out project. 

Consumer Advocacy

The VAP will assist with an array of legal issues that may impact a veteran’s ability to obtain and maintain housing, employment and self-sufficiency. These can include restoring revoked or suspended driver’s licenses; replacing identification documents; correcting errors in criminal records and obtaining expungements, seals or pardons; credit card collection, garnishments, usury, resolving errors and removing inaccurate items in credit reports; and converting outstanding court costs to community service hours in order to have records cleared.

Health Advocacy

The VAP will work to assist veterans gain access to the care, benefits and support earned by their military service and will challenge wrongful denials of veterans benefits by adjusting military discharge status or receiving a character of service determination.

In addition to providing one-on-one assistance at the monthly VA Medical Center legal clinics, VAP staff will conduct educational seminars for veterans and service members to increase their knowledge of their legal rights and how to assert them. VAP staff also provides ongoing training to VA Medical Center staff, equipping them with the ability to recognize and identify legal issues that may impact a veteran or service member’s overall health and wellbeing, and how to refer patients to Veterans Advocacy Project staff for services. The Project also performs regular outreach and community education for clients and community service partners

LASPBC VAP has also established a Legal Partnership with the West Palm Beach VA in Palm Beach County.  There is a clinic held on the 3rd Wednesday of each month from 10:00 a.m. to 2 p.m. at the West Palm Beach VA Healthcare System. 

FAQ

FAQs about VA benefits and Discharge Upgrades for Veterans

Am I eligible for VA disability compensation?

You may be eligible for VA disability benefits or compensation if you meet both requirements listed here:

  • You have a current illness or injury that affects your mind or body, and
  • You served on active duty, active duty for training, or inactive duty training

And at least one of these must be true:

  • You got sick or injured while serving in the military—and can link this condition to your illness or injury, or
  • You had an illness or injury before you joined the military—and serving made it worse, or
  • You have a disability related to your active-duty service that didn’t appear until after you ended your service

Presumed disabilities

I have a less than honorable discharge, can I still apply for VA benefits?

YES! Even veterans with a less than honorable discharge may be eligible for benefits from VA. VA is required to conduct a “characterization of discharge” determination when an individual applies with a less than honorable discharge. This decision will determine if a veteran has a statutory or regulatory bar to benefits. 

Even if an individual is found to be “dishonorable” for VA purposes, they may still be entitled to health care through VA for a service-connected disability under Chapter 17.

The VA has denied my application for compensation, and I disagree with their decision. What do I do next?

APPEAL! You must file an appeal within 1 year of the initial decision in order to keep your effective date. There are multiple options when filing an appeal. Contact us to discuss your options and the best next steps for your claim.

If VA denied my application for compensation and I did not file an appeal. Can I still get benefits?

YES! We can request to reopen the previous application with new and relevant evidence.

I have received a notice from VA stating they overpaid me. What do I do next?

If the VA decides that you weren’t entitled to benefits you’ve already received, it “adjusts” your benefits retroactively, and sends you a letter saying that you’ve been overpaid. The VA Debt Management Center (DMC) will send you a notice telling you that VA plans to withhold your monthly payments until it has recovered the entire overpayment. 

Once you get the first DMC notice, within 180 days, you’ll need to file a written waiver request—a request to cancel/waive the overpayment. HOWEVER, if you file no later than 30 days from the date on the notice, VA must continue to pay you your full monthly benefits while it’s processing the waiver request (which can take several months). If you file your waiver request after the 30-day deadline, VA will still process your request, but it will begin to withhold your benefits as specified

Once you get the first DMC notice, you can also dispute the amount of the debt, and you can request a hearing. If you want to do any of these things, you should notify the VA in writing within 30 days of the notice. Technically, there’s no deadline for disputing the amount of the debt. But if you do so before the 30-day deadline, VA will continue to pay you until the dispute is resolved. 

How can I get assistance with a discharge upgrade?

We can review your case, and potentially provide you representation, if you meet all the following criteria:

  • Received a General, Other Than Honorable (OTH), Bad Conduct (BCD), or Undesirable discharge; 
  • AND, have one of the following: 
    • Diagnosis of, or exhibit symptoms of, post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), or other mental health condition, that contributed to the misconduct which led to the discharge; and/or 
    • Experienced sexual assault/harassment while in service; and/or
    • At least 1 meritorious argument to present to the discharge review boards/boards of correction 
  • LASP will also consider applications for veterans who were 
    • Wrongfully discharged for a personality disorder or adjustment disorder; 
    • Discharged under Don’t Ask, Don’t Tell or before (reason for separation does not need to specifically state DADT/homosexual conduct)

How to Qualify

 Eligibility

We will screen Palm Beach County Veterans who served in the United States military, regardless of discharge status, length of service, or era of service. We also help some low-income family members of Veterans. To learn if you qualify for free legal help, contact us.  

The LASPBC VAP Helpline provides qualifying Veterans a way to reach the Veterans Advocacy Project for assistance in Veterans issues or brief legal advice on other issues.  The Staff can be reached at (561) 655-8944 x 366 or via email VAP@legalaidpbc.org or you can apply for service online here:  ONLINE INTAKE FORM

Resources

Are you a veteran experiencing, or at risk of experiencing, homelessness?

FHLC, Inc./Stand Down House – Help for our past & present military members (standown.org)

The VA Homeless Programs (SSVF) program at Stand Down provides comprehensive supportive services to low-income Veterans who are currently experiencing homelessness or are at-risk of losing their leased homes. There are no costs to access these programs and Stand Down may be able to help you obtain the documents you need to apply. Stand Down is a premier provider of Veteran Services in Palm Beach County, treating the seen and unseen wounds of the veterans and their families by providing supportive services, financial services, mental/medical health referrals, housing and vocational services.

**Stand Down is a funder of the Legal Aid Society of Palm Beach County, Inc. Veterans Advocacy Project

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Are you a veteran in crisis or concerned about one?

Connect with the Veterans Crisis Line to reach caring, qualified responders with the Department of Veterans Affairs. Many of them are Veterans themselves.
This free support is confidential and available every day, 24/7.

Confidential chat at VeteransCrisisLine.net or text to 8328255.

veterans crisis line

Palm Beach County Veterans Services

Palm Beach County’s Veterans Services Officers assist and counsel former and current members of the Armed Forces who reside in Palm Beach County.

Services include assistance in preparing and filing claims for benefits for which veterans are entitled under federal, state, and local laws. Dependents and survivors of present or former members of the Armed Forces may also be eligible for the services of this program.

Human and Veteran Services

Additional Community Services – Senior & Veteran Services – Links (pbcgov.org)

National Organizations & Other Assistance

The information is shared to help veterans and advocates navigate the VA benefits and discharge upgrade processes on their own. 

Disclaimer

The information provided on this website is information only. It does not constitute legal advice, nor does it substitute for the advice of an expert representative or attorney who knows the particulars of your case. Any use you make of the information on this website is at your own risk. We have made every effort to provide reliable, up-to-date information, but we do not guarantee its accuracy. The Veteran’s Advocacy Staff can be reached at (561) 655-8944 x 366 or via email VAP@legalaidpbc.org or you can apply for service online at www.legalaidpbc.org.