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SVWG Manual - Chapter 4: FINANCIAL ASSISTANCE

FINANCIAL ASSISTANCE

The Financial Assistance subcommittee strives to promote financial assistance for all veterans, servicemembers, and military family members in the Middle District of Florida, regardless of rank, service branch, or time in service.  This Chapter contains resources to help you receive disability compensation, obtain a discharge upgrade, access education benefits, remove a disputed debt, plan your estate, and more.

If you got sick or injured while serving in the military, or you developed an injury or illness after service but think the condition was caused by service or began in service, you may qualify for VA disability compensation benefits. Even if you injured yourself on leave while on active duty, the resulting disability entitles you to disability compensation. Both physical and mental conditions that developed before, during, or after service may be eligible for compensation. If you were not honorably discharged (other than honorable, bad conduct, or dishonorable) you may not be eligible for VA disability. Even for discharges less than general, you may petition VA to evaluate your discharge to determine if your discharge was honorable for VA purposes. This is called a VA character of discharge determination. Plus, as described in the discharge upgrade section of this manual, you may petition DOD to upgrade your discharge. Moreover, if you have multiple enlistments, and one ended in another than honorable discharge, you are nonetheless entitled to disability compensation for injuries and illnesses that happened during an honorable enlistment. See the section on discharge upgrades for information on how to petition to upgrade your discharge, amending your DD 214. This section provides information and resources available for Veterans and their families related to VA disability compensation. This section is non-exhaustive and should be consulted with other materials provided in this manual. A list of resources is provided at the end for further assistance.

  1. How to receive disability compensation
    1. Determine if you are eligible. You must satisfy all three elements:
      1. An in-service disability, injury, event, or incident;
      2. A current disability diagnosis; and
      3. A nexus or medical link between the in-service disability and diagnosis.
    2. Seek out medical evidence to support your claim. Note that the VA has a duty to assist you in developing your claim. However, the more fully you develop your claim yourself, the more likely you will receive the compensation you deserve in a more timely fashion.
      1. Consult with a private, non-VA medical doctor, or a VA doctor,  who can provide a written diagnosis, and/or opine that your condition has gotten worse. Note you are entitled to compensation for injuries and illnesses that began in service as well as conditions aggravated by service or caused by a service-connected condition. The medical provider should state your diagnosis and address and explain whether it is as likely as not that your diagnosis is connected to service. To assist providers in creating such nexus reports, see the relevant link below.
      2. The VA may also provide a Compensation and Pension (“C&P”) exam to obtain medical evidence in determining whether you have a service-connected disability.
      3. Obtain your medical records related to the condition and send them to VA, attached to your claim for compensation. If you cannot obtain your medical records, VA must assist. Thus, you may tell VA the name and address of your provider and request VA to obtain those medical records related to your claim.
    3. Gather supporting sworn statements supporting your claim. Lay witness statements from family or friends can be used to       describe any service-connected accidents they witnessed or symptoms they observed. Please note that lay witnesses cannot provide expert evidence and should limit their statements to describing things they observed or heard. For guidance on aiding lay witnesses in creating lay statements, see the relevant link below. Also, prepare your own lay statement describing the incident or event in service that led to the disability, the treatment of the disability in and after service, the symptoms of the disability while in service, the continuous or episodic nature as well as the severity of those symptoms of until the present day. Be accurate, concrete, and precise. Consult the online disability benefits questionnaire for VA for your condition to learn the typical symptoms of your condition, so that you know what symptoms to address. Make your statement signed, under oath, and dated. For guidance on preparing your own lay statement, see the relevant link below.
    4. Consult a Veterans Service Organization (“VSO”)       or a Veterans Service Officer. These free VA accredited representatives can help you gather evidence, file a claim, or request a decision review.
    5. Find out if you have to file additional forms for your claim.
    6. Partner with a VSO to file your claim for disability, attaching all the evidence you created and gathered.
    7. For more information about creating a claim click here.
  2. The filing process
    1. There are multiple ways to file a claim:
      1. Online
      2. By mail to the Department of Veterans Affairs Claims Intake Center
      3. In person to a local VA regional office
      4. By fax to 844-531-7818 in the US and 248-524-4260 outside the US
      5. With a VSO  
    2. If you plan to file a claim, then you should submit an intent to file form. This intent to file form allows you to essentially hold the effective date, enabling you to develop your claim for up until the year until you file the actual claim. Then, if VA determines your claim is service connected, your compensation will begin on the date of your intent to file, rather than on the date you later filed your claim form, if you file your claim form within a year of the intent to file form.
    3. Wait for a response. As of August 2024 it takes 151.7 days for the VA to make a decision. Consider calling the VA claims assistance line at 1-800-827-1000 to learn the status of your claim. Have your Social Security number, service dates, and birthdate accessible when you call.
  3. VA Dependency and Indemnity Compensation (“DIC”)
    1. DIC, like disability compensation, is a non-taxed money benefit provided by the VA. DIC is available to survivors of service members who died in the line of duty or veterans whose death resulted from a service-connected injury or disease. These benefits help support widows, children, and dependent parents after the loss of a loved one who served in the military, when that loved one’s death was connected to military service.
    2. Who is eligible for VA DIC
      1. Surviving spouses
      2. Children of veterans
      3. Dependent parents
      4. Click here to learn more about eligibility.
    3. How to apply for VA DIC
      1. If you are an eligible survivor, you can apply for VA DIC benefits online, by mail, or in person at a VA regional office.
      2. To ensure a smooth application process, gather the necessary documents, such as: (1) death certificate, (2) marriage certificate for spouses, or (3) birth certificate for children.
      3. The fastest way to apply is online through the VA's official website: Apply for VA DIC Online. For detailed steps on the application process, you can also visit the VA’s DIC Application Guide.
      4. Consult a VSO for assistance in filling your DIC claim.
  4. Helpful resources
    1. Guidance on C&P exams
      1. VA C&P exam
      2. Service connections
      3. C&P self help guide
    2. How to draft a lay witness or buddy statement
      1. Video guide to lay statements
      2. Tips on writing lay statements
    3. How to find a VSO
      1. VSO FAQs
      2. Florida VSO
      3. Find a VSO

What is a discharge upgrade?

A discharge upgrade is the process of correcting military records for a less than honorabledischarge. This process is completed by petitioning the service Discharge Review Board or a Board for Correction of Military Records. Upon discharge from military service, servicemembers receive a DD-214, disclosing a character of service determination and a narrative reason for separation – information that can impact post-service life. The discharge upgrade process seeks to change thecharacterization of service shown on the DD-214, potentially removing bars to VA benefits (veterans must receive at least a General discharge to receive compensation benefits and an Honorable discharge to receive the G.I. Bill) and prospective employment opportunities (an Other Than Honorable discharge can negatively impact employment opportunities).

What are the discharge characterizations?

DOD assigns a servicemember a character of discharge determination at the conclusion ofservice. Character of discharge is determined by totality of service. However, undesirable discharge characterizations can be based on a single incident of misconduct. Three main factors play into the determination of discharge characterization: the service member's conduct, the chain of command’s views on that conduct, and Department of Defense (DOD) and service branch regulations.

Further, discharge characterizations can be administrative or punitive. Administrativecharacterizations are assigned through an administrative discharge process. There are four general types of administrative discharges: Honorable, General Under Honorable Conditions, Under Other Than Honorable Conditions, and Uncharacterized. An honorable separation entitles servicemembers to full federal rights and benefits provided by law. This generally means that the service member met the standards of acceptable conduct and performance. This is the default discharge absent misconduct or evidence of poor duty.

A General, Under Honorable Conditions discharge denotes satisfactory but not sufficiently meritorious service to warrant an Honorable discharge. These discharges are only allowable when a regulatory reason for separation permits. A General Under Honorable Conditions discharge is typically given because of misconduct. This discharge status does not bar veterans from receiving disability compensation benefits from VA for service-connected disabilities. However, generally, veterans cannot access the G.I. Bill unless they have an Honorable discharge.

When a reason for separation is based upon acts that are a significant departure fromexpected conduct, a veteran may receive a Under Other Than Honorable Conditions discharge characterization. A service member must be notified of the right to an administrative separationboard before receiving this characterization. An Under Other Than Honorable Conditions

discharge negatively affects a veteran’s eligibility for VA benefits. This discharge characterizationalso bars future reenlistment and can negatively impact employability. The last discharge characterization is Uncharacterized and typically means that a veteran did not complete more than 180 days on active duty.

Punitive discharges are those given through a sentence from a court martial. There arethree types of punitive discharges: Bad Conduct, Dishonorable, and Dismissal. A Bad Conduct discharge is a punishment for bad conduct or offenses. This typically means that the service member committed crimes or misconduct that did not involve another person. A Dishonorable discharge generally means that the service member was convicted of offenses that would normally be characterized as felonies if the service member were a civilian. A Dishonorable discharge imposes a statutory bar to VA benefits. The last punitive discharge is Dismissal. This is a dishonorable discharge for commissioned officers, typically given for any offense which a commissioned officer has been found guilty of. This discharge status is also an automatic statutory bar to VA benefits.

How can you petition DOD to upgrade your discharge?

Some discharge statuses bar a veteran’s access to VA benefits. “However, veterans with other than honorable discharges may still be eligible for VA mental health care for service-connected mental health conditions. VA only provides compensation benefits for service-connected conditions to veterans whose discharges are honorable for VA purposes. Thus, if a veteran has an Other Than Honorable discharge, he must petition DOD to upgrade his discharge to General or Honorable. If he receives such a DOD upgrade, his DD 214 will reflect that upgrade, and the veteran should notify VA, hence removing bars to disability compensation VA benefits. Alternatively, and additionally, he may petition VA to recharacterize his discharge as honorable for VA purposes.

Additionally, a Dishonorable or Dismissal discharge characterization imposes a statutory bar to VA benefits. Veterans may petition DOD to change the narrative reason for their discharge and to upgrade the discharge (hence changing their DD 214), and veterans may petition VA to deem their discharges honorable for VA purposes as described below.

Procedures for applying to upgrade a discharge

An unfavorable discharge characterization may be upgraded by the relevant servicebranch’s Discharge Review Board (DRB) or a Board for Corrections of Military Records (BCMR). Each military branch has its own requirements and procedures. DRBs are administrative boards within the various service branches that have limited powers. A discharge review board can onlyhear discharge upgrade petitions. They do not have the authority to review Bad Conduct discharges or Dishonorable discharges. DRBs can only upgrade a discharge or change the narrative reason for a discharge. Also, a veteran may only apply for a discharge upgrade through a DRB when it has been 15 years or less since the date of military discharge.

Comparatively, a BCMR has broader power. A BCMR is an administrative body withineach military branch that can review and correct military records, including a DD-214. However, a BCMR will not accept a petition unless the veteran has pursued the other possible avenues. Thus, a veteran who is requesting a discharge upgrade or a change in narrative reason for discharge must apply to a DRB first, unless 15 years have passed since the veteran’s discharge.

If the veteran has not applied for a discharge upgrade to a DRB, BCMR, or has received adenial, the veteran may still be able to remove obstacles to receiving VA compensation benefits, but not change their DD 214, through a VA Character of Discharge Determination. A veteran can simultaneously pursue both routes – petitioning VA for a change of character of discharge and petitioning DOD to change the DD 214. For VA, a veteran can initiate the process to determine if the veteran’s discharge is honorable for VA purposes by filing a claim for a VA benefit, simultaneously petitioning and explaining why VA should determine the veteran’s discharge to be honorable for VA purposes. When VA determines that a veteran’s discharge is honorable for VA purposes with the Character of Discharge Determination, there are no statutory or regulatory bars to the veteran receiving disability compensation benefits for service-connected conditions. When a DRB or BCMR upgrades a veteran’s discharge status, thereby changing the veteran’s DD 214, that DOD decision binds VA. Hence, VA must deem the veteran’s discharge to be honorable for VA purposes, and there are no regulatory or statutory bars to the veteran receiving disability compensation benefits for service-connected conditions. However, when VA determines that the veteran’s discharge is honorable for VA purposes, this VA decision does not bind DOD but merely serves as persuasive evidence in a petition to DOD to change the DD 214. Hence, DOD does not need to change the DD 214, but VA’s favorable determination is persuasive evidence favoring an upgrade to the DD 214.

“Moreover, veterans are entitled to disability compensation for service-connected conditions for which they file claims from an enlistment the discharge of which was honorable for VA purposes. VA adjudicators often misunderstand this rule. Consider the following hypothetical example. Veteran Jones served two enlistments. His first enlistment was honorable for VA purposes; he was not administratively discharged from this enlistment but served the entireenlistment time frame with no misconduct. During his second enlistment, the veteran self

medicated mental health symptoms with illicit drugs, leading to an Other Than Honorabledischarge for that second enlistment. Veteran Jones is entitled to access to VA disability compensation for all service-connected disabilities arising from the first, honorable enlistment. Often, VA misunderstands this, wrongfully denying the veteran access to disability compensation benefits based on the Other Than Honorable discharge from the second enlistment even though the veteran is entitled to disability compensation for conditions arising from the first, honorable enlistment.

Tips for arguing for a discharge upgrade to DOD

Once a veteran selects the DOD board to which they should apply, the veteran’s next task is to explain to that Board why the veteran’s petition for a discharge upgrade should be granted. Supporting the veteran’s petition requires the veteran or veteran’s advocate to understand standards the DOD boards apply in considering discharge upgrade petitions. A DRB grants upgrade petitions based on impropriety (error) or inequity (unfairness) for applicants who are administratively discharged. The DRB upgrades discharge characterizations because of impropriety if there was an error of fact, law, procedure, or discretion associated with issuance of a discharge prejudicing the veteran’s right, casting substantial doubt that the discharge would have been the same if the error had not occurred. The DOD board may also grant a discharge upgrade because of impropriety if a policy change for the type of discharge requires the Board to upgrade the discharge. Here, to support such a discharge upgrade petition, the veteran must establish that the military branch did not adhere to its own procedures, laws, or regulations.

A DRB may also grant a discharge upgrade because of inequity or unfairness. The DODboard may grant this upgrade based on this rationale if the procedures under which the service discharged the veteran are materially different from current procedures and policies, casting substantial doubt that the veteran would have received the same discharge status under current procedures. Moreover, an upgrade is warranted if the discharge was inconsistent with the accepted disciplinary standards. To determine if a discharge was inequitable, a DRB will consider factors of the veteran’s service including quality of service and capability to serve.

DOD has provided additional guidance about petitions for discharge upgrades based oninequity and impropriety, pursuant to DOD memoranda: Carson, Kurta, Hagel, Wilkie setting forth for questions to be answered in the petition concerning the veteran’s service, trauma in service,and mental health conditions in service. According to this DoD guidance, potential inequities and injustices include changes in policy where service members would reasonably expect to receive more favorable outcomes, punishment that was too harsh, post service conduct demonstrating good character and rehabilitation, and critical illness or old age. These DOD discharge upgrade memoranda articulate principles to be used by the Boards when weighing the veteran’s petition for upgrade. Under these memoranda, Honorable discharges do not require flawless service. Relief should not be reserved for only those with exceptional aptitude, but rather the DoD boards should consider more heavily character and rehabilitation. Further, these memoranda state that the relative severity of some misconduct can change over time and that relief is generally more appropriate for nonviolent offenses. Veterans and their advocates should carefully review all these DOD policy memoranda, accessible through the following links.

The BCMR has similar bases, injustice and error, for granting discharge upgrades. TheBCMR concept of injustice is like the DRB’s concept of inequity. That is, injustice for the BCMR essentially means unfairness. Likewise, the BCMR’s notion of error is like the DRB’s notion of impropriety or legal error. This means that the arguments a veteran should articulate to the BCMR

are the same as those a veteran should articulate to the DRB. Unlike the DRB, the BCMR mayreview punitive discharges. The BCMR applies added standards for these cases. This DOD board reviews punitive discharges under the standard for clemency. The BCMR describes clemency as mercy or leniency to moderate severe punishment. Plus, the BCMR routinely waives the time frame for making discharge upgrade petitions, and the veteran should explain in the veteran’s petition for upgrade why the veteran failed to file the upgrade petition within the given time frame.

How do you build a case?

When petitioning DOD for a discharge upgrade through the DRB or BCMR, compilingevidence is essential. Many kinds of evidence can help a veteran demonstrate the discharge status results from impropriety or inequity. Click here to review an article describing how to: (1) collect and assemble your treatment records, and other evidence supporting your petition, (2) describe your experience in the military with trauma and how that trauma was connected to your misconduct as well as your rehabilitation efforts after discharge, (3) partner with medical experts allowing the expert to explain that your misconduct leading to your adverse discharge was symptomatic of your mental health condition and trauma in service, (4) answer the four questions articulated in the DOD memoranda in a legal brief, (5) locate and fill out the appropriate DOD form to petition the appropriate DOD board to upgrade your discharge. Also,visit the following law review article to learn how to petition VA to deem your discharge honorable for VA purposes, including providing service records, service treatment records, private treatment records, lay statements describing your mental health condition and trauma in service, other medical evidence supporting your petition to VA to deem your discharge honorable for VA purposes. Notably, The Veterans Consortium (“Consortium”) and the National Veterans Legal Services Program (“NVLSP”), nonprofit organizations, match pro bono attorneys with veterans seeking discharge upgrades. Visit the Consortium or NVLSP to fill out an intake form to learn whether they can assist you with a discharge upgrade application.

Discharge upgrades for discharges based on conduct related to mental health conditions in service, military sexual trauma, or discharges based on prior discriminatory policies concerning sexual orientation

DOD established special rules for discharge upgrade petitions related to LGBTQveterans, military sexual trauma, and mental health conditions. Any veteran whose case falls within one of these categories should understand and contact the Consortium or NVLSP if theveteran seeks pro bono representation.

The DOD Stanley Memorandum particulates the discharge upgrade policy for LGBTQ veterans discharged under the “Don’t ask, Don’t tell” (DADT) policy and prior discriminatory policies. This memorandum instructs DOD boards on reviewing military records of those discharged under DADT and prior discriminatory policies. The Stanley Memorandum states that requests for a change in narrative reason for discharge or characterization of discharge should be granted if the original discharge was based solely on the DADT or prior discriminatory policy, if no aggravating facts, such as misconduct, exist in the record.

As mentioned above, the Carson, Kurta, Hagel, Wilkie memoranda articulate policy and procedures for discharge upgrade petitions based on trauma and mental health in service connected to nonviolent misconduct leading to discharge. The Hagel memorandum addresses post-traumatic stress disorder and traumatic brain injuries, providing “liberal consideration” for veterans discharged for conduct related to in-service PTSD or related mental health conditions. The Kurta Memorandum further explains the procedures articulated in the Hagel Memorandum, stating that the DOD boards must sympathetically consider discharge upgrade applications based on PTSD, TBI, or military sexual trauma. The Hagel, Carson, Kurta, and Wilkie memoranda can be found at the following links. Plus, veterans whose discharges were related to conductconnected to mental health conditions and trauma experienced in service, such as self-medication with illicit drugs, AWOL, or other nonviolent offenses symptomatic of mental health should contact the Consortium or NVLSP if they seek pro bono representation.

The VA offers educational and training benefits to help veterans, servicemembers, and their qualified family members. Review the links below to learn more about educational benefits available. Plus, another section in this manual provides more detail concerning educational benefits. The following is merely a summary.

  1. Post-9/11 GI Bill® The Post-9/11 GI Bill
    1. Key Benefits: Tuition (paid directly to the school), housing allowance, and stipend for books and supplies.
      1. Eligibility: Must have at least 90 days of aggregate active-duty service after 9/11 or have been honorably discharged.
      2. How to Apply: Start your application online at the Post-9/11 GI Bill® Application Page.
  2. Montgomery GI Bill® Active Duty (MGIB-AD)
    1. Key Benefits: Up to 36 months of education benefits.
      1. Eligibility: Served for at least two years on active duty and contributed to the MGIB program.
      2. How to Apply: Submit your application through the VA's MGIB Application Page.
  3. Veteran Readiness and Employment (VR&E) Program
    1. Key Benefits: Career counseling, training, and financial support for education.
      1. Eligibility: Veterans with service-connected disabilities who meet certain criteria.
      2. How to Apply: Begin your application through the VR&E Benefits Portal.
  4. Survivors' and Dependents' Educational Assistance (DEA) Program
    1. Key Benefits: Up to 48 months of educational benefits, which can be used for degree and certificate programs, apprenticeships, and on-the-job training.
      1. Eligibility: Dependents of veterans who are permanently disabled or deceased due to service-related conditions.
      2. How to Apply: Apply online through the DEA Application Page.
  5. Fry Scholarship
    1. Key Benefits: Tuition and fees, housing allowance, and a stipend for books.
      1. Eligibility: Children and spouses of service members who died in the line of duty after 9/11.
      2. How to Apply: Start the application process on the Fry Scholarship Portal.
  6. Tuition Assistance (TA) for Active-Duty Servicemembers
    1. Key Benefits: Up to $250 per credit hour, with a cap of $4,500 per fiscal year.
      1. Eligibility: Active-duty servicemembers.
      2. How to Apply: Contact your base education office or visit the TA Application Page for more information.
  7. State-Specific Education Benefits
    1. Visit the National Association of State Directors of Veterans Affairs for more information. 

  1. Free Annual Credit Reports
    1. The three credit bureaus—TransUnion, Experian and Equifax—are each required by federal law to provide you with a free annual credit report upon request.
    2. What to look for:
      • Personal Information (changes)
      • Inquiries (hard v. soft)
      • Credit Information/score
      • Public Records
      • Any Errors
    3. Your credit reports may include information explaining how to dispute a debt, as well as the credit agency's contact information, which you will need to dispute the debt.
  2. Effects of Bad Credit
    1. You'll be subject to high interest rates
    2. Your loan applications might not be approved.
    3. You'll be subject to higher insurance premiums.
    4. You might have a tougher time landing a job.
    5. Starting your own business might be a challenge.
    6. You'll have a harder time getting approved for an apartment.
    7. You may lose your security clearance.
  3. If Collection Agencies Are Calling About a Debt
    1. You are protected under the Fair Debt Collection Practices Act!
    2. What debt collectors can and cannot do:
      • Collection agencies must only call between 8 a.m. and 9 p.m. local time.
      • If you tell them that you are not allowed to receive calls at work, then debt collectors may not call you.
      • You can stop calls from collection agencies by sending a certified letter asking them to stop calling.
      • Debt collectors must send you a written “validation notice” that states how much money you owe, the name of the creditor, and how to proceed if you want to dispute the debt.
      • Debt collectors may not make threats of violence, use obscene language, make false claims to be attorneys or government representatives, misrepresent the amount of money owed, or claim that you are going to be arrested.
      • Debt collection agencies are only allowed to talk about your debt with you and your attorney. They can reach out to your friends and family in search of your contact information, but they can’t speak about your debt (with the exception of a spouse in some cases).
  4. Reasons You Might Dispute a Debt
    1. A few reasons why you might dispute a debt:
      • You do not owe the debt
      • You do not recognize the debt
      • You are a victim of identity theft
      • The debt has been paid
      • You never received the item or service for which you were charged
      • The debt is past the statute of limitations (too old) according to state law
  5. Fair Debt Collection Practices Act (FDCPA)
    1. If you dispute your debt, the collection agency MUST stop pursuing you until the collection agency can provide proof that you owe the debt.
    2. Under the FDCPA, your right to dispute the debt has three separate components:
      • Right to notice of the debt
      • Right to contest the debt
      • Right to verify the debt
    3. Right to Notice of the Debt
      • Within five days of first contact related to the debt, the collector must send a letter with the following information:
        1. The amount of debt
        2. The name of the creditor
        3. Information about what you can do if you believe there is a mistake, or you don’t owe the money
    4. Right to Contest the Debt
      • If you intend to dispute the debt, within 30 DAYS of receiving written notice of the debt, you should send a letter to the debt collector disputing the debt and requesting the name and contact information of the original creditor.  The debt collector must stop all debt collection activities until it can “verify” the debt.
      • The letter must be sent within 30 days of written notice, not within 30 days of the first contact. If the collector never sends written notice, the 30-day time limit does not apply.
    5. Right to Verify the Debt
      • A debt collector verifies the debt by giving you enough information about the debt so that you can determine whether you actually owe it.
      • The type of information that must be provided changes depending on your circumstances.
        1. In most cases, verification should include, at minimum:  the amount of the debt, the date of the debt, and the name and contact information of the original creditor.
        2. If you contest the debt on grounds of identity theft or mistaken identity, verification should include a copy of the original signed contract or note.
        3. If you contest the amount of the debt, verification should include information about payments made, and interest and fees charged and/or waived.
  6. Dispute Letters
    1. Click here for a sample dispute letter.
    2. If the debt collector has the wrong information (like an address or phone number you’ve never used), don’t correct the mistake with the right information and don’t give any other personal information. If it is not your debt, but the collector now has the right personal information for you, it might make it harder for you to dispute the debt later.
    3. Even though you can dispute a debt over the phone, it is better to have a paper trail
    4. If you have missed the 30-day window, you can still dispute the debt. However, the collector may continue debt collection activities and will not have to verify the debt.
    5. If you do not dispute the debt, you can send the collector a “cease” letter to have them stop contacting you. Remember that this does NOT make the debt go away.
  7. Ways to Get Debt off Your Credit Report
    1. Dispute the Claim
      • This only works if you don’t owe the debt, or the collection agency fails to verify the debt within 30 days. Sometimes, the collection agency keeps a debt on your credit report for the past seven years. You can write with proof of when delinquency started to have it removed.
    2. Goodwill Deletion
      • If the debt was acquired in an unfortunate circumstance, and the debt has been paid, ask the collection agency or creditor to take the collection off your credit report, out of goodwill. If you have good credit (other than the collection) and were reliable before and after the delinquency, there is a chance they will take the collection off your credit report. The chances are better with the original creditor and low with a collection agency.
    3. Pay for Removal
      • Even if you pay the collection agency and settle the debt, the collection stays on your credit report for seven years. You can try to negotiate to have it removed. You pay a fee, and the collection agency stops reporting your collection. Make sure you have the agreement in writing.
    4. Wait for Removal
      • When the debt is legitimate and the debt collector does not agree to remove it from your report, your only option is waiting for it to be removed after 7 years from when the account first became delinquent. Although this will continue to hurt your credit score, the impact will lessen as time goes on.
  8. The Fair Credit Reporting Act (FCRA)
    1. The FDCPA governs what collection agencies can do to get money from you, but once the debt is reported to a CRA and makes its way onto your credit report, the Fair Credit Reporting Act (FCRA) governs what happens with your credit.
    2. The Fair Credit Reporting Act is the primary federal law that governs the collection and reporting of credit information about consumers.
    3. The FCRA is mostly concerned with how credit reporting agencies use the information they get about your credit history. It covers how a consumer's credit information is obtained, how long it is kept, and how it is shared with others—including consumers themselves.
    4. This statute largely dictates who can access your credit information. However, if it has already been reported to a CRA by the collection agency, it also provides the next step in disputing a debt.
  9. Your Rights Under the FCRA
    1. You have the right to know what is in your file.
    2. The access to your file is limited. Only those who have a valid reason to look at your file (like banks, insurance companies, employers, landlords) can access it.
    3. You have the right to receive notification if information in the file has been used against you in applying for credit or other transactions.
    4. You have the right to request your credit score.
    5. You have the right to dispute—and have the bureau correct—information in the report that is incomplete or inaccurate.
    6. You must give your consent for reports to be provided to employers.
    7. You have a right to place a “security freeze” on your credit report, which will prohibit a CRA from releasing information in your credit report without your express authorization.
    8. You may seek damages from violators.
    9. You may remove outdated, negative information (after seven years in most cases, 10 in the case of bankruptcy).
    10. Identity theft victims have additional rights. For more information, visit www.consumerfinance.gov/learnmore.

 

An estate plan can provide peace of mind and protect your family in the event of your death. There are several types of estate planning documents that can be used to direct the distribution of your assets.

  1. Types of estate planning tools
    1. Wills
      1. A will is a legal document that directs what happens to your property and assets upon your death. If you pass away intestate, without a will, your estate will be distributed to your heirs formulaically according to state law. A will can provide you and your family with flexibility, peace of mind, and prevent unnecessary expenses. If you die with or without a will, your family will need to go to court to probate the property, which can be time consuming and expensive. There are other ways to hold your property that can limit or eliminate the need for probate.
    2. Trusts
      1. A trust is an arrangement where you transfer legal title of your assets to a trustee during life and give that person instructions about what to do with the property at your death. A trust costs more to establish but can avoid probate if all major assets are held in the trust. There are various types of trusts that can be constructed to best meet your needs.  
    3. POD/TOD Beneficiary Designations
      1. Many accounts, like bank, retirement, securities, insurance, and other accounts can be held with a beneficiary designation that allows the account to pass automatically at death to the beneficiary. Beneficiary designations allow your family to avoid probate. In Florida, you can use a ladybird deed to accomplish a similar effect for real property to have it pass to designated beneficiaries automatically upon death.
    4. Power of attorney
      1. A durable power of attorney allows you to designate an agent with authority to manage your property, like pay utility bills and sell or buy property, if you become incapacitated. Your agent can make important financial decisions on your behalf, but it terminates upon death.
    5. Health Care Proxy
      1. A health care proxy, or power of attorney for health care, allows you to designate an agent to make health care decisions for you if you are unable to make decisions for yourself.
    6. Living will (advanced medical directive)
      1. A living will or advanced medical directive is a legal document that specifies the medical care you wish to receive, or not receive, in the event you have a terminal end-stage disease or are in a persistent vegetative state.
    7. Insurance
      1. Insurance policies like term, life, or long-term protects you and your family in the event of an accident or illness.
    8. Funeral and burial arrangements
      1. Eligible survivors able to receive VA burial benefits. Click here for more information. You can also draft a document that identifies how you want your remains disposed of and whether you approve of organ donation or green burials.
  2. Estate planning informational resources
    1. U.S. Department of Veterans Affairs Beneficiary Financial Counseling Service and Online Will Preparation:
      1. https://www.benefits.va.gov/insurance/bfcs.asp
      2. Available for free for beneficiaries of Servicemembers’ Group Life Insurance (SGLI), Traumatic Injury Protection (TSGLI), Family Servicemembers’ Group Life Insurance (FSGLI), and Veterans Group Life Insurance (VGLI).
    2. Military OneSource
      1. General Estate Planning Information
      2. Understanding Inheritance Issues
      3. Writing a Last Will and Testament
    3. Department of Defense Office of Financial Readiness Estate Planning
    4. The Florida Bar
      1. Consumer Pamphlet: The Revocable Trust in Florida
      2. Consumer Pamphlet: Do You Have a Will?
    5. U.S. Department of Veterans Affairs
      1. Downloadable Advance Directive and Living Will
      2. Spanish version advance Directive and Living Will
      3. Informational Guide on Advance Directives
      4. Advance Care Planning via Group Visits Program
      5. Geriatric Care and Advance Planning General Resources
      6. Podcasts, Videos, and General Resources
  3. Legal Resources
    1. U.S. Department of Veterans Affairs: Legal Help for Veterans
      1. List of Pro-Bono Legal Clinics
    2. Stateside Legal: Legal Services Locator
      1. Enter your zip code to find legal services near you
    3. Florida Veterans Legal Helpline
      1. Call: 866-486-6161(Monday - Friday, 9 a.m. to 4:30 p.m.)
    4. Active Duty Legal Services Locator
      1. Enter your state or zip code to find a military legal assistance office near you
    5. Military OneSource Legal Assistance
      1. Call: 800-342-9647
    6. Military Pro Bono Project

A debt dispute letter should include your personal identifying information; verification of the amount owed; the name of the creditor; and a request that the debt not be reported to credit reporting agencies until the matter is resolved or have it removed from the report, if it already has been reported.

A second dispute letter should be sent to the credit reporting agencies with much the same information, so they are aware the debt is in dispute.

The following is an example of a letter you can use to dispute debt. Make sure to mail the dispute letter through certified mail and keep proof of mailing for your records. Also, keep a copy of the letter for your records.

Dear Collector,

I am writing in response to your [letter or phone call] dated [insert date] regarding an alleged debt. I do not believe [I owe this debt/owe what you say I owe] because [briefly explain the reason you do not think you owe this debt without providing additional personal information (ex: because I never had an account with that store, because I believe you have me confused with a different person, because the alleged debt is so old that I no longer owe it under state law)].

 

I request all of the following information be provided to me by mail:

  1. The amount of the alleged debt;
  2. The full name and mailing address of the original creditor to whom the debt is allegedly owed;
  3. Documentation showing you have verified I am responsible for this debt, or a copy of any judgment; and
  4. Documentation showing you are licensed to collect debts in [my state].

Pursuant to the Fair Debt Collection Practices Act, Section 809(b), because I am writing to you within 30 days of being notified by your company about this debt, you must cease attempting to collect this alleged debt until after you have provided the requested information. If you continue to attempt collecting on this debt or seek judgment for payment of the debt without first providing written verification, you will be in violation of the Fair Debt Collection Practices Act.

Additionally, you cannot add interest or fees except as allowed by state law or contract with the original creditor. Because I am disputing this debt, you should not report it to credit reporting agencies. If you have already reported it, please notify the credit reporting agencies the debt is disputed.

Sincerely,

[insert name here]

 

SVWG Manual - Table of Contents

Updated April 10, 2025