Veterans Disability Benefits

The United States Department of Veterans Affairs provides different types of disability benefits for veterans and their families. Many believe that disability benefits are only available for veterans who were wounded in combat or suffered a service-connected disability. The benefits for veterans who have service-connected disabilities are referred to as “Compensation” benefits.

There is another class of disability benefits for veterans who have non-service-connected disabilities. These non-service-connected disability benefits are classified as “Pension” benefits. These benefits are often referred to as “Aid & Attendance” benefits. Relatively few veterans (and their families) are aware of the Pension disability benefits that are available to veterans who have non-service connected disabilities.

Types of Benefits

Compensation Benefits
The VA Disability Compensation benefit is a monthly cash payment to a veteran who has a current disability that was caused or worsened by prior service in the military. The amount of the payment is based on the severity of the disability. A veteran must have a rating of 10% disability to begin receiving benefits. This benefit is not based on income or assets. The benefit is also not based on length of service.

Pension Benefits
Few veterans are aware of the Pension disability benefits that are available to a veteran (or surviving spouse of a veteran) who has non-service-connected disabilities.

The VA Disability Pension benefit is also a monthly cash payment to a veteran who has a current disability or is over age 65. However, the disability does not have to be linked to the veteran’s service in the military. These disability benefits are based on need; therefore, the veteran’s income and assets are taken into account. Additionally, the veteran must meet wartime and active duty service requirements.

• Basic low income pension—the lowest level of pension available to a veteran or surviving spouse. The maximum basic pension is determined by considering other income received by the veteran (or surviving spouse) minus recurring medical expenses. For this benefit, the veteran must be disabled or over age 65.
• Housebound allowance—a monthly benefit over and above the basic pension paid to a veteran (or surviving spouse) who is confined to the house as a result of the disability. The veteran must be unable to leave the house without assistance.
• Aid and attendance allowance—a monthly benefit over and above the basic pension benefit paid to a veteran (or surviving spouse) who is blind, bedridden, a patient in a nursing home, or who needs help with two or more activities of daily living.

Click here to see the current VA Pension disability rates.

We can help…

Duckett Law LLC provides services to help clients obtain veterans benefits. The law requires that an individual must be accredited by the Veterans Administration to assist in the preparation, presentation, and prosecution of a claim for VA benefits. Attorney Dione Traci Duckett has the required accreditation and training to assist clients in veterans disability benefits claims. These services include helping veterans and their surviving spouses plan for eligibility for Aid and Attendance. We also provide assistance in the application process.

The Aid and Attendance application process is complicated. If you meet the non-financial eligibility requirements for Aid and Attendance, Duckett Law LLC can help you determine whether you meet the financial requirements. Duckett Law LLC can assess your situation and determine a strategy that will help you qualify for Aid and Attendance benefits.

When planning for long-term care and eligibility for VA benefits, it is very important to assess possible conflicts in planning for various types of benefits, including VA Compensation benefits, VA Pension benefits, and Medicaid benefits. An elder law attorney can help you determine which type of planning will be most beneficial to you and then design and help you implement appropriate strategies to help ensure that you qualify for needed long-term care benefits. Duckett Law LLC is here to help you.