LWP.MarriageSchmarriage

Marriage/Schmarriage: What’s Love Got to Do with VA Non-Service-Connected Disability Pension?

Love and marriage can be of supreme importance when the Veterans Administration (VA) is considering an application for death pension from a surviving spouse. It is true that marriage is one way to document a veteran’s dependent, and this would mean an additional $332 per month to a vet’s pension in 2016. But failure to document a veteran’s marriage would certainly not be an outright bar to pension. By contrast, in the case of a surviving spouse’s claim, if you cannot document that the marriage between the surviving spouse and the veteran was valid, you have no claim at all, regardless of how eligible the surviving spouse may be otherwise.

Photo

Judge James Hill, WWII Veteran, Visits Normandy for 70th Anniversary

One of the best parts of my trip to Normandy to commemorate the 70th Anniversary of D-Day was the people I met and interviewed. Along for the trip was 90 year old, Judge James Hill, Senior Judge with the United States Court of Appeals for the Eleventh Circuit. In fact, he had a few cases to hear on the bench upon returning home from France.

PhotoJudge Hill served in the United States Army Air Corp from 1943 – 1945 in communications.  He was stationed in England when the events of D-Day unfolded.  He remembers the lead up to that historic moment.  No one knew anything specific, but they all knew in their gut something big was about to happen.  From his base in Englad, it was his job to communicate with where troops were in France and wehre they were supposed to be.

As you recall, due to inclement weather, targets were missed and soldiers displaced. Without having the benefit of the internet or CNN updates every minute, Judge Hill knew what was happening only by the communications over the military airwaves. And, the reports did not sound good. It was a pleasant surprise when the tide began to turn and the Allied Forces broke through the gateways on the beaches six hours after the first troops landed.

This was Judge Hill’s second visit to Normandy. Just a few years before, he brought his two sons with him. On this trip, he was among 70 other lawyers and spouses, many of them veterans of subsequent wars. Each visit he said is different, just as each soldier’s experience is different. Seeing something not seen before. Feelings emerge at different times for different reasons. But what remains the same are the fond memories and names of the comrades he got to know as his brothers and the legacy they all left for others.

Thousands of men died on June 6, 1944, storming the beaches. But, many WWII veterans survived the war and returned home to do what they were doing before the war. Judge Hill returned in 1945 and graduated from law school three years later, 1948. One of the stories of his career he chuckles about is that the last document President Nixon signed before resigning office was Judge Hill’s nomination to a seat on the United States District Court for the Northern District of Georgia. Judge Hill was quite concerned the appointment would not take place due to the sudden resignation. But, it did go through, which led to his eventual seat on the United States Court of Appeals for the Eleventh Circuit nomination by President Gerald Ford, where he still presides today as a Senior Judge.

It is important to remember what our military men and women have sacrificed for our country. But, it is also important to acknowledge the wonderful ways our veterans have contributed to our society after their military service has ended. Judge Hill’s life and career exemplify that. We thank him and the many others of the Greatest Generation, and those that have followed.

Victoria L. Collier is a Veteran and Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder of Lawyers With Purpose LLC, and author of “47 Secret Veterans’ Benefits for Seniors—Benefits You Have Earned … but Don’t Know About.”