Veterans Pension

The VA accredited attorneys at ElderLawLexington work with veterans to get them the veterans pension that they deserve.ElderLawLexington - McClelland & Associates, PLLC, works with veterans to get them the veterans’ pension that they deserve. The Veterans Administration helps veterans and their families cope with financial challenges by providing supplemental income through the Veterans Pension benefit. Veterans’ pension is a tax-free monetary benefit payable to low-income wartime veterans.

A veteran must have at least 90 days of active duty service with at least one day during a wartime period to qualify for a VA pension:

  • World War I (April 6, 1917 through November 11, 1948)
  • World War II (December 7, 1941 to December 31, 1946)
  • Korean War (June 27, 1950 to January 31, 1955)
  • Vietnam War (August 5, 1964 to May 7, 1975)
  • Gulf War (August 2, 1990 through date to be set by law by Presidential proclamation)
  • Continuous conflicts in Iraq and Afghanistan

If a person entered active duty after September 7, 1980, they must have served at least 90 consecutive days or the full period for which they were called to active duty with at least one day during a wartime period. There are some exceptions to this rule. In addition to meeting minimum service requirements, the veteran must be:

  • Age 65 or older
  • Or totally and permanently disabled
  • Or a patient in a nursing home receiving skilled nursing care
  • Or receiving Social Security disability insurance
  • Or receiving Supplemental Security Income

The improved VA pension program pays veterans a monthly amount based on disabilities that are non-service related. There are three improved pensions:

  • Low Income Pension | provides additional funds to veterans with very low incomes. It is the lowest level of pension available to a veteran or to the spouse of a veteran.
  • Housebound | pays a monthly stipend for those who are confined to their homes. The maximum payment to a housebound veterans is just over $15,000.
  • Aid and Attendance | pays a monthly stipend to help defray the cost of home-care, assisted living or nursing home care. The maximum pension with Aid and Attendance payment to a veteran or the surviving spouse is just over $21,000 a year.

A veteran’s yearly income must be less than the amount set by Congress to qualify for the veterans pension benefit. Veterans or surviving spouses who are eligible for VA pension and are housebound or require the aid and attendance of another person may be eligible for additional monetary payment. Veterans pension benefits provide a monthly cash benefit to wartime veterans or the surviving spouses of a wartime veteran who meet financial and medical criteria.

ElderLawLexington specializes in veterans’ pension planning, often referred to as "Aid and Attendance,” which is a growing area. The Department of Veterans Affairs provides Aid and Attendance benefits to veterans and surviving spouses who need help with everyday activities. Widowed surviving spouses who have not remarried are eligible for this benefit. Aid and Attendance pension benefit is a cash benefit that is paid out monthly for the rest of the veteran’s or surviving spouse’s life. Consult a VA accredited attorney at ElderLawLexington when looking to apply for this benefit. Qualifying for the VA Aid and Attendance benefit can be challenging. There is an array of service, income and asset requirements that must be met before the benefit can be obtained. The Aid and Attendance benefit also requires a qualifying veteran or their surviving spouse to be paying for long-term care expenses that are unreimbursed by health insurance, Medicare or long-term care insurance.

VA Aid and Attendance benefit is based on a person’s assets and income. To qualify for this VA Aid and Attendance benefit, there is an income/asset threshold that must be met. This threshold is calculated by taking your income and deducting your medical expenses. When a person’s income and assets exceed the threshold, we can help clients preserve their assets and still qualify for VA benefit. The veteran must meet all of the following requirements:

  • The veteran must have served 90 consecutive days on active military duty.
  • The veteran must have received a better than dishonorable discharge.
  • The veteran must have served at least 1 day of active duty during a defined war period.
  • The widow must not have divorced the Veteran or remarried after his death.
  • The Veteran or widow must need assistance with their daily living activities.

ElderLawLexington | McClelland & Associates, PLLC, helps clients understand the eligibility requirements for the different types of VA pension benefits and helps them decide on when to apply for those benefits. To schedule an appointment to discuss veterans pensions, contact Elder Law Lexington at www.ElderLawLexington.com or call (859) 543-0061.