Legal Protections for Veterans and their Families

This Memorial Day, as we take a moment to honor the brave men and women who made the ultimate sacrifice for our country, we’re also taking a look at the sacrifices that our living veterans and their families face.

Because of this service and sacrifice, there are legal protections available to veterans and their families, both federally and at the state level. These include benefits and compensation for injuries sustained during service, pension benefits, and survivor benefits. 

One of the most important legal protections for Veterans is the Veterans Affairs (VA) disability compensation. This compensation provides tax-free financial assistance to Veterans who have sustained injuries or illnesses while serving in the military. The amount of compensation depends on the severity of the injury or illness, and can range from a few hundred dollars to several thousand dollars per month. 

Veterans are also entitled to other benefits including healthcare, education, and housing assistance. 

Another legal protection afforded to Veterans and their families is the Servicemembers Civil Relief Act (SCRA). This federal law provides protections to active-duty service members, reservists, and National Guard members who are called to active duty. They include the ability to terminate a residential or vehicle lease, protection from foreclosure, and a cap on interest rates for certain loans. 

Veterans and their families may also be entitled to certain legal protections under state laws. Woods Fuller has offices in South Dakota, Iowa, and Minnesota. Here is a look at some of the laws in each state. 

Employment Protections

All three states have laws that protect veterans in the workplace. Employers cannot discriminate against veterans in hiring, promotion, or other employment-related decisions. Additionally in South Dakota, employers must provide reasonable accommodations to veterans and their spouses with disabilities related to their military service.

Education Benefits

South Dakota offers a range of education benefits to veterans and their families. These benefits include free tuition for certain veterans and their dependents at state universities, colleges, and technical schools. 

Veterans in Iowa are eligible for a number of education benefits, including tuition waivers at state universities and community colleges, in-state tuition for out-of-state veterans, and education assistance for veterans who have a service-connected disability.

Minnesota offers several education benefits to veterans, including tuition reimbursement for post-secondary education, in-state tuition for out-of-state veterans, and education assistance for veterans who have a service-connected disability.

Property Tax Exemptions

South Dakota offers property tax exemptions for disabled veterans and their surviving spouses. To qualify for this exemption, the veteran must have a service-connected disability of at least 50 percent, and the surviving spouse must be the sole owner of the property and not remarried.

Iowa provides property tax exemptions to disabled veterans, surviving spouses of veterans, and their families. Veterans with a service-connected disability rating of 100% are eligible for a full exemption of their property taxes.

Minnesota offers property tax exemptions to disabled veterans, surviving spouses of veterans, and their families. Veterans with a service-connected disability rating of 70% or more are eligible for a full exemption of their property taxes.

Veterans Treatment Courts

South Dakota has established Veterans Treatment Courts to provide a specialized court docket for veterans who are facing criminal charges. These courts offer alternative sentencing options, such as counseling and treatment programs, instead of jail time. The goal of these courts is to help veterans address underlying issues that may have contributed to their criminal behavior and to reduce recidivism.

Veterans Cemetery

South Dakota operates a state veterans cemetery in Sioux Falls. This cemetery provides free burial for eligible veterans and their dependents, including a burial plot, opening and closing of the grave, and a government-furnished headstone or marker.