We read a lot about Social Security, Medicare and Medicaid, but what about veterans' benefits?
In addition to disability compensation for service-related disabilities, there is also a disability pension for non-service-related disabilities. There are three levels of pension benefits:
1. Basic — disabled veteran unable to work
2. Housebound disabled veteran or surviving spouse
3. Disabled veteran or surviving spouse who needs aid and attendance
Pension benefits are not dependent upon service-related injuries. To be eligible the applicant must have an honorable discharge, be a war-time veteran with 90 days of active duty and be disabled, blind or in need of care. A surviving spouse of such a person also may apply.
Periods of war that have been determined by Congress include:
• World War II: Dec. 7, 1941, through Dec. 31, 1946, extended to July 25, 1947, if a veteran was on active duty on or before Dec. 31, 1946.
• Korean Conflict: June 27, 1950, through Jan. 31, 1955.
• Vietnam Era: Aug. 5, 1964, through May 7, 1975, however, Feb. 28, 1961, through May 7, 1975, for a veteran who served in the Republic of Vietnam during that period.
• Persian Gulf War: Aug. 2, 1990, through a date to be prescribed by Presidential Proclamation.
The veteran need not have served in a combat zone or even overseas but simply served in the armed forces for the required time during one of the designated war-time periods.
Let's focus on the Aid & Attendance Special Pension. This is a benefit that is often overlooked by veterans who have disabilities that are not connected with their active duty service or their surviving spouses who have disabilities. The Department of Veterans Affairs considers the program one of the department's most underutilized offerings. Most veterans do not know about it or how to apply.
Many elderly vets or their surviving spouses whose income is too high to qualify for the basic pension, may qualify for A&A benefits. Aid & Attendance can help pay for care in the home, nursing home or assisted living facility. A veteran is eligible for up to $1,632 per month, while a surviving spouse is eligible for up to $1,055 per month. A couple is eligible for up to $1,949 per month.
A&A provides benefits to veterans and surviving spouses of veterans who require the regular attendance of another person to assist them with eating, bathing, dressing or toileting. The claimant doesn't have to need help in all of these areas, but there must be sufficient evidence that he or she can't function alone. It is also available for those who are blind or a vet who is in a nursing home because of mental or physical incapacity. Care in an assisted living facility also qualifies.
The pension program is needs tested, meaning there are limitations on income and net worth in order to qualify for benefits.
An applicant must have limited assets — as a general rule, less than $80,000 in assets excluding a home, a vehicle and personal belongings. (The VA has discretion to increase limits to avoid hardship for the veteran and spouse.) If it appears that the veteran may outlive his or her assets, it is likely the VA will determine the veteran to be eligible.
For A&A the income limit is $19,736. Some kinds of income, like SSI, don't count toward the income limit. Where there are long-term care costs involved, there are special rules where available income can be reduced by 12 months worth of future, recurring medical expenses. For example, a veteran with $6,000 per month of income could still qualify for A&A if paying $4,500 to $6,000 monthly for home care, assisted living or nursing home costs.
E-mail: Patti@spencerlawfirm.com