Various Updates and Changes you might need to know in response to COVID-19

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StatesideLegal understands that the COVID-19 pandemic has created a particularly stressful time for those with military experience and their families. With that in mind, this page is here to give you information on resource changes that may affect you and have occurred in response to COVID-19. We will post information and updates as we become aware of them, including links to sources so you can assess and adapt as necessary.

As always, we wish you and your family well. Be safe. Be healthy.

Sincerely,

StatesideLegal

Changes in Military and Federal Resources

The SAVE LIVES Act is signed into law allowing the VA to vaccine all veterans, veteran spouses, caregivers, and CHAMPVA recipients against COVID-19.

The SAVE LIVES Act, was signed into law on March 24, 2021 and permits the VA to vaccinate all veterans, veteran spouses, caregivers, and CHAMPVA recipients against COVID-19, as supply allows. Previously, only veterans enrolled in VA healthcare were eligible to receive COVID vaccinations from the VA.

Although the VA is still prioritizing those enrolled in VA Healthcare, The SAVE LIVES Act expands VA’s authority to provide vaccines to:

Veterans who are not eligible for enrollment in VA’s health care system, including veterans without compensable service-connected disabilities and veterans who have incomes above a certain threshold;
Caregivers of veterans who are enrolled in various VA home-based and long-term care programs;
Spouses of veterans; and
CHAMPVA recipients (spouses of permanently and totally disabled veterans or of veterans who have died from service-connected disabilities).

Click here for the VA Press release and more details.

The CDC ban of certain evictions extended to the end of June 2021

The Centers for Disease Control and Prevention (CDC) issued an order on September 1, 2020 that banned landlords in the U.S. from evicting tenants who can’t afford to pay their rent or other rental related fees. The order was has now been extended twice, first it was to the end of 2020 and now to June 30, 2021. The CDC said that the ban is in effect to prevent further spread of COVID-19.

Not all tenants fall under the order however, and there are certain factors a tenant must meet to have the protections apply to them. Still, if you are at all concerned about being evicted, please click here to read the Frequently Asked Questions (FAQ) sheet and to find local help from your nearest legal aid organization.

VA releases their initial COVID-19 vaccine distribution plan.

VA plans to "first provide vaccinations to front-line VA health care workers and Veterans residing in long-term care units in 37 of its medical centers across the country."

The 37 medical centers where long-term care units will receive the vaccine first include:

Birmingham (AL) VA Health Care System

Phoenix (AZ) VA Health Care System

Greater Los Angeles (CA) VA Health Care System

Palo Alto (CA) VA Health Care System

Eastern Colorado (CO) VA Health Care System

Connecticut (West Haven Campus) VA Health Care System

Washington DC VA Health Care System

Orlando (FL) VA Health Care System

Augusta (GA) VA Health Care System

Edward J. Hines Jr. VA Hospital (IL)

Lexington (KY) VA Health Care System

Southeast Louisiana (New Orleans) VA Health Care System

Maryland (Baltimore) VA Health Care System

Bedford (MA) VA Health Care System

Ann Arbor (MI) VA Health Care System

Minneapolis (MN) VA Health Care System

Harry S Truman Memorial Veterans Hospital (Columbia MO)

St. Louis (MO) VA Health Care System

Omaha (NE) VA Health Care System

Southern Nevada (North Las Vegas) VA Health Care System

Raymond G. Murphy (NM) VA Health Care System

New York Harbor (Brooklyn) VA Health Care System

Western New York (Buffalo) VA Health Care System

Durham (NC) VA Health Care System

Cleveland (OH) VA Health Care System

Oklahoma City (OK) VA Health Care System

Portland (OR) VA Health Care System

Corporal Michael J. Crescenz VA Medical Center (Philadelphia PA)

Pittsburgh (PA) VA Health Care System

Caribbean (Puerto Rico) VA Health Care System

Memphis (TN) VA Health Care System

Dallas (TX) VA Medical Center

Michael E. DeBakey VA Health Care System (Houston TX)

Audie L. Murphy VA Hospital (San Antonio TX)

Richmond (VA) VA Health Care System

Puget Sound (WA) VA Health Care System

Milwaukee (WI) VA Health Care System

Click here to learn about the VA's plan

Click here to go to the VA's Coronavirus Vaccine FAQs webpage

Planning is underway at VA to deliver a COVID-19 vaccine when one becomes available.

The "VA is working with the Centers for Disease Control and Prevention (CDC) to develop a phased plan based on five core ethical pillars: safety, maximizing the benefit of the vaccine, equity, fairness and transparency." They expect that supplies will be limited at first so will have to have a phased plan on how and to whom they will distribute the vaccine to first.

It appears the VA will be offering the vaccine to high-risk VA healthcare workers first and then to high-risk veterans. Ultimately they hope to be able to offer the vaccine to all veterans and VA employees who wish to be vaccinated.

Click here to read more on the VA's plan to deliver a COVID-19 vaccine.

Change to the Service Members Civil Relief Act (SCRA) helps members terminate auto and housing leases

Due to COVID-19, many servicemembers have found themselves stuck with lease agreements for housing or vehicles that have gone unused or unoccupied due to the Department of Defense's stop-move order. The change to the SCRA now allows servicemembers to terminate their unused or unoccupied leases without the normal 30-day notice, assuming those leases fell within the time frame of the stop-move order.

Additionally, the change is retroactive so that servicemembers can either be reimbursed for the money they've spent on those leases, or can be protected if a landlord on the lease is seeking damages for non-payment.

Click here to read read an article regarding the change to the SCRA and its benefits.

Click Here to see the actual Bill.

Internal Revenue Service (IRS) it will reopen the registration period for federal beneficiaries who didn't receive $500 per child payments earlier this year.

The IRS will reopen the registration period for federal beneficiaries who didn't receive $500 per child payments earlier this year. They urge "certain federal benefit recipients to use the IRS.gov Non-Filers tool starting August 15 through September 30 to enter information on their qualifying children to receive the supplemental $500 payments.

Those eligible to provide this information include people with qualifying children who receive the following and did not file a tax return in 2018 or 2019:

Social Security retirement,
Survivor or disability benefits,
Supplemental Security Income (SSI),
Railroad Retirement benefits, and
Veterans Affairs Compensation and Pension (C&P) benefits.

The IRS anticipates the catch-up payments, equal to $500 per eligible child, will be issued by mid-October."

Click here to read the IRS' official announcement.

Department of Defense Travel Restriction Updates

Throughout the pandemic, the Department of Defense (DOD) has posted travel restrictions for its service members, their dependents, and DOD civilian personnel and their dependents whose travel is funded by the government. In the beginning, these restrictions included most of DOD's installations. However, DOD has since lifted those restrictions for many of their bases.

For a detailed understanding the restrictions including what type of travel they affect and what the restrictions are, please visit MilitaryOneSource's website here.

For an updated list of installations and whether or not restrictions apply, please visit the DOD website here.

The VA is Extending Some Debt Relief Through 2020

The VA has stated that they are extending debt relief to Veterans adversely impacted by COVID-19 to the end of 2020. Specifically, the VA is "suspending all actions on Veteran debts under the jurisdiction of the U.S. Treasury Department. This includes the suspension of collection action or extending repayment terms on preexisting VA debts, whichever the Veteran prefers.”

"For benefit debts, Veterans should contact the VA Debt Management Center at 1-800-827-0648.

For health care debts, Veterans should contact the Health Resource Center at 1-866-400-1238 or https://www.pay.gov for payments."

Click here to view the VA's Pres Release on this notice.

Department of Defense COVID-19 Response Timeline

The Department of Defense has released a timeline of major milestones thus far in response to the COVID-19 pandemic, including regulation changes, Executive Orders, and internal policies. Click here to view the timeline.

In-person Compensation and Pension exams returning to some VA Medical Center locations

The VA has announced plans to return to in-person compensation and pension exams at some VA Medical Centers within the next few weeks. Below is a list of the approved locations so far. Other locations may be added as time goes by. The following approved locations include:

White River Junction VA Medical Center, VT
Syracuse VAMC, NY
Erie VAMC, PA
Hershel “Woody” Williams VAMC, WV
Salem VA Healthcare System (HCS), VA
Ralph H. Johnson VAMC, SC
West Palm Beach VAMC, FL
James H. Quillen VA HCS, TN
Louis Stokes Cleveland VAMC, OH
Tomah VAMC, WI
William S. Middleton Memorial Veterans Hospital Madison VAMC, WI
Kansas City VAMC, MO
Central Arkansas Veterans HCS, AR
South Texas VA HCS, TX
Fort Harrison VAMC, MT
Puget Sound VAMC, WA
Boise VAMC, ID
VA Southern Nevada HCS, NV
VA Southern Arizona HCS, AZ
Fargo HCS, ND

If your VA Medical Center is not listed above, telehealth appointments will continue to be available to you or the VA may conduct a review of existing medical records to provide information needed to complete the claim.

PLEASE NOTE:

Veterans who are scheduled to have an in-person exam at one of the listed centers but don't feel comfortable yet with in-person exams can choose to schedule their exam for a later date without impact to their disability claim. The VA stated that, "No final action will be taken on a claim while a required in-person exam is pending."

For further information please read the full announcement here.

CARES Act Extends VA Home Loan Pre-Foreclosure Options

The Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, was signed into law to help Americans who are financially impacted by the COVID-19 pandemic. Part of that law helps homeowners avoid home foreclosure.

If you have experienced financial hardship caused by COVID-19, then according to the VA, "you have options to avoid foreclosure on your VA home loan" under the CARES Act.

"The CARES Act allows borrowers with government-backed loans (including VA loans) to request special forbearance – an agreement between you and your mortgage servicer – where your servicer agrees to either delay payments or to accept partial payments for one or more months. The details of any forbearance agreement are between you and your servicer, which means you don’t have to call VA for permission.

The Consumer Financial Protection Bureau (CFPB) has a video summarizing the mortgage forbearance changes.

You can request a forbearance for up to 180 days without paying late fees or other penalties by simply stating you are affected financially by the COVID-19 national emergency. No extra documentation is required.
If necessary, you can request up to 180 additional days of forbearance before the first forbearance period ends.
Your servicer cannot report delinquency if you take advantage of relief related to COVID-19 throughout the current emergency and 120 days afterward."

PLEASE NOTE: Any payments delayed in a forbearance period are still owed. How they are paid back will be through agreement between you and your mortgage servicer.

To read more about about your options and find answers to some frequently asked questions, please read the VA's post here.

VA Releases Three-Phase Plan to Safely Resume Pre-COVID-19 Operations

The VA never closed its doors as COVID-19 spread across the country, but it did change some of its operations - including certain restrictions - to ensure veterans' safety. The VA has now released a three-phase plan to gradually go back to its regular operations.

The plan will be gradual and the situation on the ground will determine when each step is implemented. This means each VA office may have a different timeline.

Generally however, the VA stated that "VA medical facilities will be permitted to embark on Phase 1 of the plan once certain local conditions have been met. These conditions include:

Falling numbers of patients exhibiting COVID-19 symptoms,
Reduced numbers of people testing positive for the virus, and
Increased testing capacity.

Once these and other conditions are met, local VA facilities will maintain their current risk-mitigation activities (such as continued telework when possible) but may also begin assessing how best to permit elective procedures and resume certain face-to-face visits that have been postponed.

Phase 2 of the plan is the resumption of services that have been postponed, again as deemed possible based on local conditions, and subject to safety protocols deemed as necessary by local staff.

In Phase 3, VA facilities will again allow visitors to hospitals, community living centers, senior living facilities, and spinal cords injury and disorder units after a full assessment of the risks and only amid continuing improvement in their part of the country. Most VA employees will also return to work in this phase."

To read more about this development, read the VA announcement here.

Stimulus Checks (Economic Impact Payments) For People Getting Benefit Payments from the VA

Veterans who get Compensation and Pension (C&P) benefit payments from the VA will now automatically receive their $1,200 Economic Impact Payment (also known as the stimulus check). No further action is required on their part. However, if a veteran has any qualifying children under the age of 17, they will need to go to "Non-Filers: Enter Payment Info" to read how they can receive the extra $500 per child payment and enter payment information.

To be clear, veterans will still receive their $1,200 payment automatically - even if they have qualifying children under the age of 17. But, if they want the extra $500 per qualifying child , they need to click on the "Non-Filers: Enter Payment Info" link and read the directions on how to do so.

UPDATE: The deadline to go to the Non-Filers tool has been extended to MAY 5TH. The Non-Filers tool is available in English and Spanish.

The IRS stated that, "For those who can use this tool as soon as possible, they may be able to get earlier delivery of the child payments by having these added to their automatic payments to receive an extra $500."

To read more about this development, you can go to the IRS website for additional information.

Financial Help for Servicemembers and Military Families in light of COVID-19.

The Consumer Financial Protection Bureau has written an article that gives several ways servicemembers and their families can protect their money and find additional financial assistance during the pandemic.

It states, "Although veterans will continue to receive their benefits and active-duty servicemembers will continue to receive their pay, some military personnel and their families are facing financial strain due to lost employment or changes in military orders."

They recommend that should you need financial help servicemembers and their families can look into the following:

Military aid societies

Pay and Allowances for Servicemembers,

Help with Mortgages,

Filing Tax Returns - given that the deadline is now July 15, 2020, and

Financial counseling at Military OneSource financial counselors

Click here for more helpful information and the full Consumer Financial Protection Bureau article

COVID-19's impact on the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Although there have been no changes to the Uniformed Services Employment and Reemployment Rights Act (USERRA) due to COVID-19, you may have questions regarding some USERRA situations that arise as a result of the pandemic.

For example:

Does a Reservist or National Guardsman have protections under USERRA if called to active duty for a response to COVID-19?

Can a service member be furloughed or laid off upon return from uniformed service?

For answers to these questions and more you can go to the U.S. Department of Labor's Fact Sheet by clicking here.

You can get additional information on USERRA here or you can call 1-866-4-USA-DOL (1-866-487- 2365) between 8 a.m. and 8 p.m. Eastern Time.

Student Loans During COVID-19.

Congress recently passed the CARES Act in response to the COVID-19 pandemic. As a result, all federal student loans will automatically be placed in "Administrative Forbearance." Additionally, the interest rates on those federal loans temporarily drops to 0%.

Federal Loans included in the CARES Act:

"Direct Unsubsidized" loans
"Direct Subsidized" loans, and
"Direct PLUS" loans
Please Note: The Federal Family Education Loan (FFEL) Program and Federal Perkins Loans not owned by the U.S. Dept. of Education do not automatically qualify.

"Administrative Forbearance" is a temporary suspension of payments that will last until Sept. 30, 2020. This means you will not have to make payments during that time. However, you can still make payments if you choose. If you want to make payments, reach out to your lender to do so.

You can find answers to the most popular questions about this change in loan payments, federal student loan interest rates, and how how the CARES Act affects programs like Income Based Repayment (IBR) and Public Service Loan Forgiveness (PSLF) here on the Federal Student Aid website.

A new report from Veterans Education Success is another good resource. If you are interested in learning more about the CARES Act and how it affects GI Bill and other VA-supported students, read the full VES report here.

April 3, 2020 - VA announces actions to provide Veterans with financial, benefits, and claims help as part of VA's COVID-19 response.

There have been several finnancial, benefits, and claim changes made in response to the COVID-19 pandemic.

The financial relief actions include the following until further notice:

Suspending all actions on Veteran debts under the jurisdiction of the Treasury Department.

Suspending collection action or extending repayment terms on preexisting VA debts, as the Veteran prefers.

Changes in benefit debts:

Veterans can contact the VA Debt Management Center at 1-800-827-0648 to make arrangements.

Changes for health care debts:

Veterans can contact the Health Resource Center at 1-888-827-4817 to make arrangements.

Benefits and claims changes include giving Veterans the option to submit their paperwork late for the following actions:

Perfecting claims

Challenging decisions

Submitting Notices of Disagreement

Submitting Substantive Appeals

Responding to Supplemental Statements of the Case

Veterans requesting claim extensions can simply submit them with any late-filed paperwork and Veterans do not have to proactively request an extension in advance. For added convenience, VA will also accept typed/digital signatures instead of wet signatures on its forms. Those with questions can call 1-800-827-1000."

Also, the Board will Advance on Docket (AOD)* appeals for Veterans who have been diagnosed with COVID-19; Find out how to file for AOD and what documentation is required here.

*AOD means that the appeal will be pushed toward the front of the line and be heard before it normally would have.

Veterans can see the official announcement here.

April 2, 2020 - VHA Temporarily Discontinues Performing In-person Compensation and Pension (C&P) Exams. Alternatives Available.

The VHA has temporarily discontinued Compensation and Pension (C&P) exams as a response to the COVID-19 pandemic. C&P exams are "...examinations used by VBA claims processors in making decisions on Veterans’ claims for disability compensation and pension benefits."

The Veterans Benefits Administration VBA is providing information about utilizing alternatives to in-person Compensation and Pension (C&P) examinations during the COVID-19 pandemic. VBA will continue to complete as many examinations as possible using virtual means that do not involve a face-to-face examination."

What are options for conducting C&P Examinations?

The C&P exam process is typically an "in-person appointment where the Veteran physically reports to the medical provider’s office. For some disabilities, in-person examinations are required and cannot be completed through an alternate method."

C&P exam can also be completed using a process called Acceptable Clinical Evidence (ACE) examinations. ACE examinations can occur after a medical provider reviews the record of the claimed disability and determines that there is enough evidence to complete a Disability Benefit Questionnaire (DBQ) without an in-person examination.
- Sometimes, the examiner may need to call the Veteran and ask for clarification or ask the Veteran to answer some questions.
- Frequently, the ACE examination can be completed without telephone interaction with the Veteran.

Another way to complete a C&P exam is through video or "tele-C&P" examinations.
- The VA states that "Tele-C&P examinations are suitable for the completion of some DBQ types, most commonly for mental health conditions."
- Tele-C&P examinations enable the Veteran to remain in ther home and teleconference with the medical provider so the provider can see and speak to the Veteran.

You can read the official notice and information here.

Relief for Taxpayers Affected by Ongoing Coronavirus Disease 2019 Pandemic.

The deadline for filing and for paying taxes has been moved from April 15, 2020 to July 15, 2020. Generally when a taxpayer request an extension of time, it does not include an extension of time to pay. This extension to July 15, 2020 is both an extension of time to file and to pay if you owe tax.

PLEASE NOTE: This notice if for Federal Taxes ONLY. Please contact your state's IRS for deadline information in 2020.

You can read the official notice here.

Starting March 31, 2020 All Elective Medical and Dental Procedures at Military Treatment Facilities are Postponed for 60 days due to COVID-19.

The Military Health System Communications Office reported that "As of March 31, all military treatment facilities and dental treatment facilities will postpone elective surgeries and procedures for 60 days.

The policy applies to all beneficiaries: active-duty service members and their families, retirees, and Reserve and National Guard service members on active duty or a delayed effective date active-duty order."

Answers to some questions regarding this postponement, including some exceptions, can be found by reading the official report here.

National Archives Research Rooms and Museums are Closed to the Public Until Further Notice.

"Due to the coronavirus public health emergency, National Archives research rooms and museums are closed to the public until further notice and the National Personnel Records Center is servicing only urgent requests related to homeless veterans, medical emergencies, and funerals which may be faxed to 314-801-0764."

More information about the National Archives' response to coronavirus can be found at archives.gov/coronavirus

Vocational Rehabilitation and Employment (VR&E) Program has One Place to Send Paper Mail to Nationwide.

According to VR&E staff, "To ensure program participant documents are received in a timely fashion, VR&E requests that all program participants send your correspondence to the following address:

Department of Veterans Affairs
Vocational Rehabilitation & Employment (VR&E) Intake Center
PO Box 5210
Janesville, WI 53547-5210

Once your mail is received at this location, it will be processed and made available to your Vocational Rehabilitation Counselor digitally."

You can read the official letter here.

Board of Veterans’ Appeals Suspends All In-Person Hearings as a Response to COVID-19.

The Board of Veterans' Appeals has made several changes in response to COVID-19. Below is a summary of those changes.

First, "the Board temporarily suspended all in-person (travel board, video and Central Office) hearings. Virtual hearings remain available."

They are asking, "Veterans to work with their representatives [and attorneys] to elect a virtual hearing or to reschedule hearings. Veterans who prefer to wait for travel board, video or central office hearings to resume will receive top priority in hearing rescheduling."

You can find information on virtual hearings here.

Second, "the Board will Advance on Docket (AOD) appeals for Veterans who have been diagnosed with COVID-19; Find out how to file for AOD and what documentation is required here.

AOD means that the appeal will be pushed toward the front of the line and be heard before it would have been otherwise.

Third, during this National emergency, the Board will now accept typed signatures on AMA Notices of Disagreement (NOD), VA Form 10182, in lieu of a wet signature.

Lastly, VA already allows veterans to ask for filing extensions if they have a good reason to do so. Now the Board may consider challenges in filing due to COVID-19 a good reason. Veternas can submit notices of disagreement (38 CFR 20.203(c)) and to submit substantive appeals (38 CFR 19.53) in individual cases. Veterans/appellants will need to request extensions in writing.

For more information on these changes and others, you can read the VA's official notice here.

The Veterans Benefits Administration (VBA) Regional Offices will be closed to the public starting March 19.

Regional offices will not be accepting "walk-ins for claims assistance, scheduled appointments, counseling and other in-person services."

"Veterans can continue to get information about benefits or file a claim for benefits by visiting our website at www.va.gov. Veterans with claims specific or other questions may request information via Inquiry Routing & Information System (IRIS) or telephone at 1-800-827-1000.

VBA benefits and services provided to Veterans, families, and survivors will continue to be delivered throughout the duration of COVID-19 impacts."

You can read the official announcement here.

Naval Personnel, Is Your PCS On Hold? You Might Want to Visit Legal Now.

"Sailors waiting out the 60-day hold on Permanent Change of Station moves should consult their local Legal Assistance Office before notifying a landlord of intent to terminate their lease or even if they need to negotiate an extension." said Cmdr. John Bauer, Chief of Naval Personnel Legal Office this past Friday in an article released by the Navy.

The Servicemembers Civil Relief Act, or SCRA, gives military personnel protections in these types of situations. Still, you need to be careful so you don't mistakenly lose some of those protections during this time.

Cmdr. John Bauer stated that "If you have received, or are expecting to receive, PCS orders and have not yet terminated your current lease, you should consider waiting until the Navy lifts the stop-movement order and reauthorizes PCS moves. Even once the travel ban is lifted, it may take some time to turn your move back on.

However, if you have already requested an early lease termination under the SCRA, seek immediate from your Legal Assistance Office in contacting your landlord to request a voluntary lease extension.

Any agreement to re-let or extend a lease, however, should be written and signed by both you and your landlord with specific language that protects you from losing SCRA protections."

You can read the official article here.

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Various Updates and Changes you might need to know in response to COVID-19

Changes in Military and Federal Resources

What are options for conducting C&P Examinations?