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VETERANS ASSISTANCE

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The government offers benefits to veterans in honor of their service. A veteran is defined as a person who served full-time as a member of one of the armed forces and was discharged for a reason "other than dishonorable". Veterans and their families are eligible for certain federal benefits and, in some cases, additional state benefits. Benefits available to veterans include service connected benefits (referred to as "compensation") and non-service connected benefits (referred to as "pensions"). Whereas the receipt of compensation is not limited by income and assets, to receive certain pension benefits, the veteran must meet requirements pertaining to military service, medical condition and income and assets.

More specifically, to meet the military service requirement, the veteran must have served 90 days of continuous active duty before 1980 with at least one day served during a declared period of war. If the veteran served after 1980, then he must have 24 months of continuous active duty, with at least one day served during a declared period of war. Although there is no official threshold with respect to the veteran's income and assets, the Veterans' Administration ("VA") previously established a guideline of no more than $80,000 for a married couple and $50,000 for a single individual. Exempt from these asset thresholds are the value of the veteran's home, car, pre-paid funeral and personal property. Although the transfer of excess assets will not affect the veteran's eligibility for pension benefits, any transfers may affect eligibility for future Medicaid benefits.

The veteran's monthly income should not be excessive. The VA counts all of the veteran’s annual household income in determining eligibility for pension benefits while disregarding or deducting some medical expenses (i.e. non-reimbursed and recurring medical expenses such as health insurance premiums, assisted living expenses, home care expenses and nursing home expenses).

A veteran who is over the age of 65 and meets the military service requirements and income and asset tests may receive unrated monthly pension benefits of up to $932 per month or up to $1,220 per month if married. There is no medical requirement for an unrated pension. However, certain medical requirements must be met before the veteran will qualify for the two types of rated pensions: Aid and Attendance and Housebound Allowance. These benefits are paid in addition to the monthly pension.

To be eligible for a Housebound Allowance, a veteran over the age of 65 must be substantially confined to the home due to disability. If under the age of 65, the veteran must be permanently and totally disabled. In 2009, the housebound allowances for single and married veterans are $1,204 and $1,510 per month, respectively.

Although there are an estimated 11.5 million seniors who could qualify for Aid and Attendance benefits, very few veterans or their surviving spouses are aware of the benefit's existence. To qualify, the veteran must: (a) require the aid of another person to perform the activities of daily living (i.e. dressing, undressing, bathing, grooming, feeding and toileting); or (b) be bedridden; or (c) reside in a nursing home due to mental or physical disability; or (d) be blind (or meet a definition as to a degree of blindness).

Significantly, the VA considers assisted living expenses as medical expenses. Thus, many veterans and/or their surviving spouses may be eligible to receive the following Aid and Attendance benefits to help defray the monthly cost of assisted living facilities. The following are the 2009 maximum pension rates for Aid and Attendance:

Single Veteran: $1,644 per month or $19,736 per year
Married Veteran: $1,949 per month or $23,396 per year
Surviving Spouse: $1,056 per month or $12,681 per year

When considering benefits, it is important to note that a veteran must choose between receiving pension and compensation benefits, as both cannot be received at the same time.

It is also important to note that an attorney cannot assist you in obtaining benefits unless he or she has received the proper accreditation before the Veterans' Administration.