If you are a veteran of the United States Armed Forces, both the United States government and every American citizen owes you a debt of gratitude that can never truly be repaid. The U.S. government does, however, try to repay that debt by offering you numerous benefits based on your status as a veteran. As a veteran, these benefits should also be included in your estate plan as some of them transfer to a surviving spouse and/or dependent. To ensure that you are receiving all your benefits, the attorneys at Legacy Care Law Firm offer an overview of veteran benefits.
Veteran, Survivor, and Dependent Benefits
- Pension. Pension is a needs-based benefit for wartime Veterans with limited or no income who are age 65 or older or who have a permanent and total non-service-connected disability.
- Disability Benefits. Veterans who have disabilities, medical conditions, or injuries incurred or aggravated during active military service may be eligible to receive tax-free monthly benefits. To be eligible for disability benefits, you must show:
- You have a current physical or mental disability.
- You had an injury or disease in service or experienced an event in service that caused or aggravated an injury or disease.
- There is a link between your current disability and the event, injury, or disease in military service.
- The amount of your disability benefits will depend on several factors, including the extent of your disability – rated from 0 to 100 in increments of 10 — and your household members (spouse and/or dependents) at the time of your disability rating.
- Dependency and Indemnity Compensation (DIC). Provides monthly benefits to surviving spouses, dependent children, or parents in recognition of the economic loss caused by a Servicemember’s death during military service, or by the death of a Veteran because of a service-connected disability. You can find out if you are eligible for the DIC program on the U.S. Department of Veterans Affairs website.
- Health Care. Veterans, and their families, have access to excellent health care services. To be eligible you must:
- Have served in the active military, naval, or air service and separated under any conditions other than dishonorable.
- If you enlisted after Sept. 7, 1980, or entered active duty after Oct. 16, 1981, you most likely will be required to have served 24 continuous months or the full period for which you were called to active duty. This includes current and former members of the Reserve or National Guard called to active duty by a federal order.
- Along with providing basic preventative care and emergency care, veterans may also be eligible for a wide variety of specialty health care programs.
- Education and Training. Several programs help veterans and their dependents to further their education at little, or no, cost. The Post-9/11 GI Bill, the Montgomery GI Bill, and the Yellow Ribbon Program are just a few examples of educational assistance programs.
- Home Loans. There are several loan programs that provide low interest rate financing for veterans, and surviving spouses, who wish to purchase, or refinance, a home, including:
- VA Purchase Loans
- Cash-Out Refinance Loans
- Interest Rate Reduction Refinance Loans
- VA Native American Direct Loan (NADL) for Native American Veterans who wish to purchase a home on tribal lands.
- Specially Adapted Housing (SAH) grant program helps Veterans with certain service-connected disabilities live independently in a barrier-free environment.
Do You Qualify for Veteran’s Pension?
Veteran’s pension program provides monthly benefit payments to certain wartime veterans with financial need, and their survivors. The veterans pension program is a needs-based benefit paid to a wartime veteran and his/her survivor(s). A veteran may generally be eligible if he/she:
- was discharged from service under other than dishonorable conditions, AND
- served 90 days or more of active military, naval or air service with at least 1 day during a period of war, AND
- his/her countable income is below the maximum annual pension rate, AND
- meets the net worth limitations, AND
- is age 65 or older, OR is shown by evidence to have a permanent and total non-service connected disability, OR is a patient in a nursing home, OR is receiving Social Security disability benefits.
Note: Veterans who entered active duty after September 7, 1980, must also have served at least 24 months of active duty service. If the total length of service is less than 24 months, the Veteran must have completed his/her entire tour of active duty.
Currently, you must meet the wartime service requirement by having served during one of the following periods:
- Mexican Border Period (May 9, 1916 – April 5, 1917 for Veterans who served in Mexico, on its borders, or adjacent waters)
- World War I (April 6, 1917 – November 11, 1918)
- World War II (December 7, 1941 – December 31, 1946)
- Korean conflict (June 27, 1950 – January 31, 1955)
- Vietnam era (February 28, 1961 – May 7, 1975 for Veterans who served in the Republic of Vietnam during that period; otherwise August 5, 1964 – May 7, 1975)
- Gulf War (August 2, 1990 – through a future date to be set by law or Presidential Proclamation)
Eligibility Guidelines for Veterans Aid & Attendance
As a veteran, or survivor, who is eligible for a VA pension you may qualify for Veteran’s Aid and Attendance benefits if you require the “aid and attendance” of another person on a regular basis.
To be eligible for VA&A benefits, the following must apply:
- You must be eligible for pension or, if you are a surviving spouse, you must be eligible for Dependency and Indemnity Compensation, or DIC.
- In addition, one of the following must apply:
- You require the aid of another person to perform personal functions required in everyday living, such as bathing, feeding, dressing, attending to the wants of nature, adjusting prosthetic devices, or protecting yourself from the hazards of your daily environment.
- You are bedridden, in that your disability or disabilities requires that you remain in bed apart from any prescribed course of convalescence or treatment.
- You are a patient in a nursing home due to mental or physical incapacity
- Your eyesight is limited to a corrected 5/200 visual acuity or less in both eyes; or concentric contraction of the visual field to 5 degrees or less.
- You must be at least 65 or officially disabled if younger.
- If you are a veteran, you must be considered a “wartime veteran” meaning you served at least 90 days and served at least 1 day during the wartime dates below, but not necessarily in combat.
- World War II: Dec 7, 1941 – Dec 31, 1946
- Korean War: Jun 27, 1950 – Jan 31, 1955
- Vietnam War: Aug 5, 1964 – May 7, 1975 (or Feb 28, 1961 – May 7, 1975, for Veterans who served in Vietnam)
- Gulf War: Aug 2, 1990 – Undetermined
- You, or your spouse if applying as a survivor, cannot have been dishonorably discharged.
- You are not required to be disabled; however, a higher benefit is available to those who are disabled.
- If you are a surviving spouse, you must have been living with the veteran at the time of their death and must be single at time of claim.
- You must not exceed the current income limit which is subject to change each year.
Eligibility for Housebound Benefits
Housebound benefits are similar to Aid and Attendance benefits but require a beneficiary to be substantially confined to his or her immediate premises because of a permanent disability. Typically, you will be required to provide supporting documentation, such as a report from your attending physician or a report from a long-term care facility, indicating that you suffer from a physical and/or mental impairment to the extent that you need assistance from someone outside your home to be able to complete these simple daily tasks.
How to Apply for Veteran’s Benefits?
You can apply for veteran’s pension benefits online through the Veterans Administration website or you can download the necessary forms and mail in your application. You can apply for Aid and Attendance or Housebound benefits by writing to the Pension Management Center (PMC) that serves your state. You may also visit your local regional benefit office to file your request. You can locate your local regional benefit office using the VA Facility Locator.
Contact Our Estate Planning Attorneys
For more information, please join us for an upcoming FREE seminar. If you have additional questions about how to incorporate your veteran benefits into your estate plan, contact our estate planning attorneys in our North Andover, Woburn, and Beverly offices at (978) 969-0331. Our Salem and Nashua, New Hampshire office can be reached at (603) 894-4141.
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