MILITARY (VA/TRICARE)
Synergy’s Military lien experts have deep experience with the various examiners and levels of approval needed to obtain reductions on liens asserted for military benefits.
There are over 17 million active duty, veterans, retirees and dependents eligible for or receiving some form of military health benefit. Military Health System administers military healthcare coverage for uniformed soldiers and their dependent families. Tricare beneficiaries include active duty, National Guard, Reserve, and retirees (Tricare for Life for those with Medicare benefits). Tricare allows beneficiaries to receive care and services through civilian providers and facilities.
The Department of Veterans Affairs administers benefits to those who were enlisted in any U.S. Military branch and have served during wartime. VA health benefits extend coverage to beneficiaries who receive care in a VA hospital or facility, or for VA authorized services in a civilian facility.
Tricare is a health insurance program for active duty, reservists, and retirees under age 65. According to 42 USCA §2651,
“[i]f a member of the uniformed services is injured or contracts a disease, under circumstances creating a tort liability upon a third person…the United States shall have a right to recover from the third person or an insurer of the third person…”
For those who have served during wartime and qualify for benefits from the Department of Veterans Affairs (VA), their obligation is defined under 38 U.S.C 1729, which…
“…grants the United States the right to recover reasonable charges in repayment for healthcare benefits provided to a veteran…from certain third parties who would otherwise be liable for the veterans medical care.”
If not addressed, outstanding liens or unreported settlements may affect your client’s eligibility.
Military Resources
How long does the VA/Tricare lien resolution process usually take?
VA/ Tricare liens are handled by various JAG offices throughout the United States, resolution time varies and may be prolonged based on the individual volume and staffing levels of each office.
Do VA subrogation rights apply to UM coverage?
There is no definitive answer to this question as there are cases in which the VA has successfully asserted its right of recovery and others in which it has been denied. According to the court’s holding in Government Employees Ins. Co. v. Andujar, 773 F. Supp. 282 (D. Kan. 1991), the determinative factor appears to be the specific plan language at issue.