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Elder Law: Veterans Benefits Questions and Answers

Sep 21, 2022

We live in a country that makes allocations for our veterans, especially concerning their health. Once someone serves our country, they’ll have access to veterans benefits that can help them in all areas of their life, including healthcare expenses. The Department of Veterans Affairs (VA) provides services to these men and women to help them better understand their options. However, gaining access to these aids can be challenging. 

An elder law attorney can help you determine your eligibility, explain the benefits you’re entitled to, and navigate the application process. At Auld Brothers Law Group, our goal is to help you understand your options by providing clear, straightforward information. This article will assist you by answering a few common questions regarding Elder Law and veterans benefits. 

What is Elder Law? 

Before addressing your veterans benefit questions, you should know a little more about Elder Law and how it can help you. Elder law attorneys specialize in issues or concerns that relate to the aging population as they prepare and enter retirement age.

This type of law aims to help men and women financially prepare for their later years. It also offers a way to plan for their finances, potential health care treatments, property, and assets. This attorney can guide you through these plans while explaining the law to ensure you and your estate is taken care of before you enter retirement.  

Elder Law: Veterans Benefits Questions 

There are many benefits that veterans are eligible to receive because of their service to our country. 

Question 1: What type of veterans benefits are available?

  • Burial costs
  • Disability compensation
  • Education and training
  • Health care
  • Home loans
  • Insurance
  • Pension
  • Veteran readiness and employment

Question 2: Can any veteran receive the benefits?

Yes, the above aids can assist all U.S. military veterans, including:

  • All war veterans
    • World War II (December 7, 1941 – December 31, 1946)
    • Korean war (June 27, 1950 – January 31, 1955)
    • Vietnam war (August 5, 1964 – May 7, 1975)
    • Persian Gulf war (August 2, 1990 – February 28, 1991)
    • Operation Enduring Freedom (October 7, 200, to December 13, 2014)
    • Iraq war (March 2003 to December 15, 2011) 
  • All gender and races
    • Lesbian, gay, bisexual, and transgender people
    • Minorities 
    • Native Americans
    • Women 
  • Homeless veterans
  • Incarcerated veterans
  • Former Prisoners of War

Question 3: Can I receive a pension from the VA?

Yes, there are three programs that provide pensions for elderly veterans that meet the criteria.

Basic Pension

A monthly pension is available for healthy veterans over 65 years old with a low monthly income.

Aid and Attendance (A&A) Pension 

This monthly pension is for any veteran over 65 years old who needs additional assistance in their daily life.  

Housebound Allowance  

This pension is for any veteran with a disability rating of 100% who cannot leave their home. The disability doesn’t need to relate to their time in the military. 

Question 4: What are the eligibility requirements for the pension programs? 

For any of the previously mentioned pensions, your yearly family income and the net worth of you and your spouse (all personal property minus any debt) must meet the limits Congress set. Also, you had an honorable discharge. 

Additionally, you must meet one of the below criteria:

  • 65+ years old
  • Permanent and total disability
  • Nursing home patients for long-term care 
  • Already receiving Social Security Disability Insurance or SSI

Basic Pension

Meet the above criteria. 

A&A Pension 

Meet the above criteria and at least one of the medical requirements and all the service and financial requirements described below.

  • Medical requirements
    • Requires the assistance of another person for daily life
    • Bedridden 
    • Living in a nursing home (physical or mental disability) 
    • Blind or nearly blind 
  • Service requirements
    • Minimum of 90 days of active service
    • You can’t have a dishonorable discharge
    • Have at least one day of service from the wars mentioned in question two 
  • Financial requirements
    • Monthly income that’s less than their non-reimbursed medical expenses

Housebound Allowance  

Meet the above criteria and have a permanent disability that requires you to spend most of your days at home. 

Please Note: You are unable to receive A&A and Housebound benefits at the same time. 

Question 5: How to apply for my veterans benefits?

You’ll need to complete a VA Form 21-2680 and include evidence to support your claim that you need additional assistance. Evidence can consist of doctor’s reports, an example of your daily life, and details about your illness/injury/disability that impacts how you live your everyday life. If you’re living in a nursing home, you’ll need to complete VA Form 21-0779. 

Once you have all the paperwork, you’ll mail it to your state’s Pension Management Center. 

Learn How Auld Brothers Law Group Can Help You 

The above information is only a starting point toward receiving VA benefits. Everyone’s situation is different, but the application process can quickly become a tedious task. 

Here at Auld Brothers, we can assist you with:

  • Determining if you’re eligible for veteran’s benefits 
  • Completing the benefits application
  • Reviewing long-term care insurance options 
  • Establishing an annuity

Contact us with your questions for a free, 30-minute consultation.