WHO IS A VETERAN?
A veteran is a person who served as a member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, or as a commissioned officer of the Public Health Service, the Environmental Science Services Administration or the National Oceanic and Atmospheric Administration. The veteran's service must have been full time service, and their discharge must have been "other than dishonorable".
AVAILABLE BENEFITS
There are two (2) basic monthly benefit programs for veterans:
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Service-connected "compensation"; and
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Non-service connected "pension".
In addition, veterans with a service-connected disability may also receive health care and pharmacy benefits.
SERVICE-CONNECTED COMPENSATION
For a veteran who suffered an injury or disease while on active duty, he/she may be eligible for a monthly compensation payment. The veteran must first receive a disability rating from the VA which determines how much the veteran is entitled to each month as compensation.
It is also important to note that the VA does not consider the veteran's income or assets when determining eligibility for service-connected disability compensation.
NON-SERVICE CONNECTED PENSION
To be eligible for the non-service connected pension benefit, the veteran must be disabled, unless over age 65 when there is no disability requirement.
Also, the veteran must have served during a period of war. Designated wartime service periods include:
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World War II - December 7, 1941 to December 31, 1946
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Korean War - June 27, 1950 to January 31, 1955
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Vietnam War - August 5, 1964 to May 7, 1975
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Persian Gulf War - August 2, 1990 to a date to be determined by Presidential proclamation
The veteran must have served 90 consecutive days of active duty (if before 1980, or 24 months of continuous active duty if after 1980) with at least 1 day during a declared period of war as shown above. There is no requirement that the veteran's service had to be in a combat zone, or even that the veteran left the United States.
Unlike the service-connected disability compensation program, the pension program is a "means tested" program for which the veteran must qualify financially.
When considering an application by a veteran (or veteran's surviving spouse) for non-service connected pension, the VA will look at the veteran's household income (ie, that of the veteran and his or her spouse) as well as their assets. The residence of the veteran is an exempt asset and income can be offset by unreimbursed medical expenses.
AID AND ATTENDANCE
The most common form of pension benefit is "Aid and Attendance". This is an increased monthly benefit based upon the veteran's need for assistance with activities of daily living (including dressing, eating, toileting and bathing) and provides the largest possible monthly payment (up to $1,949/month for a married veteran).
Aid and Attendance can provide a monthly benefit to allow a veteran to help pay for care at home or even an assisted living facility. There are several resources available to veterans and their families. The VA has a website located at www.va.gov. In addition, most counties have a veteran's service agency to assist veterans with potential benefits available. Veterans can also seek counsel from attorneys or others in the community, however, it is important to note that in order to provide advice to a veteran about benefits, the person must be accredited with the Veteran's Administration.
Frank L. Buquicchio, J.D. is a Partner of Vincent J. Russo & Associates, PC, Long Island's Signature Elder Law, Special Needs and Estate Planning Law Firm with offices located in Westbury ,Islandia, Woodbury and Lido Beach, New York. He is an accredited attorney with the Department of Veterans Affairs.