Massachusetts Passes Landmark Veterans Legislation

by | Feb 5, 2025 | Military Divorce |

The bill called the HERO ACT broadens the definition of “veteran” for the purposes of expanding veteran benefits eligibility, and to better align it with federal law. This new definition includes any person that served on active duty for at least 90 days, and whose last discharge was under conditions other than dishonorable; any person that served on active duty, in the National Guard or as a reservist, including solely for training purposes and was awarded a service-connected disability, or died in such service; and any person determined to be a veteran according to the U.S. Department of Veterans Affairs. Veterans who are current Massachusetts residents will be eligible for benefits, regardless of how long they have resided here.

The HERO Act includes the following changes to veteran benefits:

Medical assistance, dental and vision benefits: requires the Secretary of the Executive Office of Veterans Services (EOVS) to provide a medical assistance benefit, behavioral health assistance benefit, and dental benefit beyond other benefits available to veterans, including medical and dental visits, behavioral health assessments, procedures, prescriptions, and costs.
Benefits for dependents of veterans: updates the definition of “dependent” to make it gender neutral and include children over the age of 18 that meet the criteria for emancipation. It also expands the pool of coverage by extending benefits to dependents who are mentally or physically unable to support themselves after reaching the age of 23. This section aligns the residential eligibility requirements of the dependent of a veteran with residential eligibility requirements of the veteran, granting benefits to the dependent of a veteran that has resided in Massachusetts for one day prior to applying for benefits.
Veteran benefits income eligibility: clarifies that an increase to an otherwise eligible veteran’s income due to a cost-of-living adjustment (COLA) made to social security, supplemental security income, or social security disability insurance would not render the recipient ineligible for benefits in the year the adjustment was issued.
Annuity for blind, paraplegic or veterans with disabilities: starting July 1, 2024, increases from $2,000 to $2,250 the annuity for blind, paraplegic, or veterans with disabilities. Starting July 1, 2025, increases from $2,250 to $2,500 the annuity for blind, paraplegic, or veterans with disabilities.
Massachusetts Veterans Memorial Cemeteries: codifies the authority of the recently created EOVS to operate, maintain and expand the Massachusetts Veterans Memorial Cemeteries in Agawam and Winchendon, and to add new locations, subject to the availability of funds, to meet the needs of veterans and their dependents.
Reinstatement of benefits by Veterans Equality Review Board: requires the Veterans Equality Review Board (VERB) to ensure that veterans discharged due to sex, race, color, religious creed, national origin, age, genetic information, ancestry, marital status, disability, or any U.S. Department of Veterans Affairs category eligible for upgrade, receive state-based benefits.
Workplace benefits and services poster: the bill requires the Secretary of EOVS, with the Secretary of Labor and Workforce Development, to create and distribute a notice including information regarding the services and resources available to veterans to be posted in the workplace and provided on the employees first day by employers in Massachusetts with more than 50 full-time employees.

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