Veterans make immense sacrifices in service to their country, often facing daunting and perilous situations. To thank people for their service, our nation has an array of benefits available to veterans. Although the people managing these programs are diligent, it remains possible for some veterans to slip through the cracks—especially as the rules continue to evolve. When you served or are a caretaker for someone who has served, working with an Accredited Virginia Beach veterans’ benefits lawyer can ensure you are aware of all the benefits you are entitled to. Contact an elder law attorney to discuss your needs.
Long-Term Care for Veterans
Perhaps the most sought-after benefit for veterans is the Compensation Benefit, or more accurately, Disability Compensation, which is a tax-free monetary benefit paid by the Veterans Affairs (VA) to veterans with disabilities that are the result of a disease or injury incurred or aggravated during active military service. The benefit amount is graduated according to the degree of the veteran’s disability on a scale from 10 percent to 100 percent (in increments of 10 percent). Typically, veterans with a service-connected disability rating of 70% or higher may have priority access to VA-paid nursing home care. The VA may also provide nursing home care to other veterans if space is available, but veterans with service-connected disabilities are prioritized. The exact eligibility requirements and availability can vary.
The Pension Benefit, sometimes referred to as Aid & Attendance, is a benefit available for veterans who do not have a disability rating and can provide a financial benefit to assist with the cost of long-term care. An attorney in Virginia Beach can help a veteran determine their eligibility for these benefits.
The Pension Benefit
The Veterans Pension benefit is a tax-free monetary benefit payable to low-income wartime Veterans who meet certain age or disability requirements. It is designed to provide supplemental income to veterans who have served their country and are now in need of financial assistance.
Veterans must meet several criteria to be eligible for this benefit, including but not limited to:
Service Requirements
The veteran must have served at least 90 days of active duty, including at least one day during a wartime period.
Discharge Status
The veteran must have been discharged under conditions other than dishonorable.
Income Level
The veteran’s countable family income, adjusted by permissable offsets. must be below a yearly limit set by law.
Disability
The veteran must be: at least 65 years old, have a permanent and total disability, be a patient in a nursing home for long-term care because of a disability, or getting Social Security Disability Insurance or Supplemental Security Income
The actual pension amount is determined based on the difference between the veteran’s countable income and the annual pension limit set by Congress. The Veterans Administration considers income from most sources as well as assets when calculating eligibility. However, certain expenses, like non-reimbursable medical expenses, may reduce countable income, potentially increasing the pension amount.
There are three benefits levels.
1. Basic Pension / Improved Income
This level provides the basic financial assistance to veterans who meet the basic eligibility as outlined above.
2. Housebound Benefit
This level is for veterans who are substantially confined to their immediate premises.
3. Aid and Attendance (A&A) Benefit
This level is for veterans who require the aid of another person to help perform daily activities, like bathing, feeding, and dressing, or is confined to a bed because of illness or is a patient in a nursing home due to the loss of mental or physical abilities related to a disability. Eligibility may also be established when eyesight is limited to 5/200 or less in both eyes; or concentric contraction of the visual field to 5 degrees or less. The A&A benefit is the highest level and provides additional financial support on top of the basic pension amount.
Pension benefits may also be available to low-income, un-remarried surviving spouses or unmarried child(ren) of a deceased veteran with wartime service. A lawyer in Virginia Beach can help a veteran and their family understand the criteria for benefits.
Reach Out to a Virginia Beach Veterans’ Benefits Attorney to Learn More
To understand what benefits may be available to assist with the cost of long-term care for a veteran you should special with an attorney that is accredited by the Department of Veterans Affairs. Contact a Virginia Beach veterans’ benefits lawyer at Parks Zeigler, PLLC, to learn more about your options.
