Berg Bryant Elder Law Group, PLLC

Who Can Even Consider Applying For Veterans’ Benefits?


Veterans’ benefits should be considered by anyone who has served in any of the United States Armed Forces, whether active duty or reserves or the federal government military. Veterans should gather their separation papers if they are a World War II veteran, or their DD214 certificate if they served thereafter. Veterans can go online or visit a local Veterans Affairs (VA) office to evaluate their eligibility for VA benefits. Surviving spouses of veterans can also be eligible for VA benefits. Some VA programs and VA benefits are available to some military service members but not to others. It depends on whether the individual is a reserve only, national guard member, or served during a non-active wartime period.

To verify eligibility, veterans should seek the evaluation of veteran service officers also known as VSOs, or accredited attorneys who are eligible to advise on VA benefits.

My Dad Was A Veteran And Is In Good Health. My Mom Needs Help. Are There Any Benefits Available For Her?

When a veteran is healthy and does not have any ailments relating to his or her service, but the spouse of the veteran is the one who needs help, there are limited VA benefits available to the spouse. The spouse of a veteran who is sick can receive VA benefits under the VA improved pension program. The VA improved pension can be expanded to people who not only need maintenance of others, but also for assistance with housebound situations where a veteran is over the age 65. For instance, if the husband is the veteran and he is healthy, but his wife needs care, the husband can apply for the VA improved pension. As long as the husband is healthy, over age 65, and meets the financial eligibility requirements, then he can receive VA benefits relating to his wife’s needs.

Most importantly, the VA will determine whether the family meets the VA eligibility requirements, based on an asset test and an income and medical expense test. VA improved pension eligibility is more likely in lower-income families where the husband has a military history, the wife is sick, they’re over age 65, and they’re paying for care.

What Is Aid And Attendance? Can I Just Apply For Aid and Attendance?

Aid and Attendance is a colloquial term for the VA improved pension benefits. The VA benefits section offers two primary benefits to veterans. The first benefit is compensation for medical ailments and disabilities relating to a veteran’s military service. The second benefit is the VA improved pension, which is a means-test benefit. The VA improved pension is the most common VA benefit that elder Law attorneys help with, whereas social security disability and injury attorneys work with clients who need assistance with VA compensation claims. The VA improved pension provides a monthly payment if the veteran or surviving spouse of a veteran meets the financial eligibility requirements, medical requirements, and military service requirement.

Part of the VA improved pension is the medical requirement, which has three ratings. The lowest rating is over age 65, next is the veteran who is housebound, and the third rating addresses the veteran who needs assistance with two or more activities of daily living, which is known as aid and attendance. Through the hierarchy of higher medical need and higher ultimate payment of VA benefits, it results in aid and attendance benefits, which mainly refers to the VA improved pension for veterans or surviving spouses of a veterans who need assistance with two activities or daily living assistance. Aid and attendance is not only for somebody who needs assistance with activities of daily living, it can be for housebound veterans and veterans who are over the age of 65.

A veteran can apply for these benefits on their own. There are online forms and local government offices that employ veteran service officers known as VSOs who can help with public benefits applications. Applying on your own has the advantage of being free, but it also has the drawback of any free service – lack of response and deep knowledge. Usually, if there is no fee for a service, seeking quality help from somebody may be hard. There may be a long wait, or the VSO may not be able to provide enough time to help the veteran through the process. If you decide to apply online without the assistance of a VSO, you may not have all the information needed to apply correctly. Therefore, the process could drag out and hurt the family financially.

Contrary to popular belief, government websites may not provide all the information needed to apply for benefits. In other words, applying on your own online is not as straightforward as many believe. Moreover, government websites and free veteran service officers may not know how to legally address rules that a person may not quite be eligible for without additional assistance. Generally speaking, families with lower income, lower net worth, and a lot of time to wait on potential benefits may want to take the free route. However, families who may have some savings, between $20,000 or $30,000 in the bank, and a home, are most likely better served by receiving advice from an elder law attorney.

For more information on Applying For Veterans’ Benefits In Florida, an initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (904) 398-6100 today.

Berg Bryant Elder Law Group, PLLC.

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(904) 398-6100

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