VA Benefits Lawyers and Attorneys – Accredited by Veterans Administration
Lawyer Carl Coleman | Top Attorney Elder Law
One of the areas of our practice is assistance in helping Veterans and their Widow(er)s obtain Veterans Pension Benefits and Veterans Aid and Attendance Benefits that are available through the US Department of Veterans Affairs (VA). Such VA benefits can provide financial support to help pay for long term care needs, including in-home care to avoid the necessity of assisted living or skilled nursing care, or the cost of assisted living facilities and skilled nursing homes.
If you need the assistance of an Florida elder law attorney to determine your eligibility for VA benefits, or to apply for Aid and Attendance benefits, please contact your Jacksonville lawyer for Veterans Benefits at 448-1969, toll free 888-492-2468, or email us at Info@TheColemanLawFirm.net.
These Veterans Administration benefits are often misunderstood and are greatly underutilized because most Veterans are unaware of the VA benefits, and the Veterans Administration does not promote the availability of the benefits to eligible veterans, even though these benefits have been available in some form since the Spanish America War. In 1979, Congress substantially improved the level and availability of the Veterans basic pension and aid and attendance benefits. With our knowledge and experience working within the VA rules and regulations, tax law and trust law, we can help qualify many veterans, including you, for Veterans Pension benefits and for Aid & attendance Pension Benefits. Often we are able to obtain qualification for Veterans Benefits even when the veteran has been told by the VA that they do not qualify.
These benefits are not dependent on a service connected disability or injury. These VA benefits are “pension” benefits, not “compensation” for service connected disabilities. All veterans over 65 years of age, who have significant medical needs from any source are potentially eligible for these veterans benefits.
VA benefits are in part dependent on meeting the means testing required by VA benefits law. Some veterans require planning to meet the requirements to receive the VA benefits. In some cases a Veterans Asset Protection Trust can be established to ensure that the veteran meets the eligibility requirements for the VA benefits. If you are a veteran and would like to identify those VA benefits for which you may be eligible, please call us toll free at 1-866-510-9099.
We provide Veterans benefits planning for veterans and their families for the following Veterans services:
- Assistance to Veterans, their widows or widowers, and families with planning and qualifying for both the Veterans Pension Benefits and the Aid & Attendance Pension Benefits
- Medicaid Asset Protection Planning and other Long Term Care Planning to provide in-home care, assisted living facilities or skilled nursing home care
The information that follows provides a general discussion of available Veterans Benefits that are offered through the Veterans Administration (“VA”). This information is merely an overview of the types of benefits that are available for Veterans through the Veterans Administration. Your eligibility for Veterans Benefits will be based on your individual facts and circumstances. The following information is designed to provide you an overview of the veterans benefits for which you may be eligible, and if so, what VA benefits you may be entitled to receive from the VA.
If you would like our assistance with helping you determine which of the VA Benefits you may be eligible to receive, rearranging your financial affairs to qualify for VA Benefits, or applying for the VA benefits you are eligible to receive, please complete the form below and return it to us. Someone will contact you promptly to discuss your situation with you.
What are the VA Pension Benefits Qualification Requirements?
The Veteran must:
- Have served at least one day on active duty during a war period.
- Have served 90 days consecutive active duty (24 months if service was after 1980) – or 90 days of active service during war periods.
- Have received a discharge that was better than dishonorable.
- Be over 65 years of age or 100% disabled.
The Widow must:
- Have been married to the veteran at the time of the veteran’s death.
- Have been married to the veteran for at least 12 months, unless they had a child.
- Cannot have divorced the veteran (there are very limited exceptions).
- Cannot have remarried (there are some exceptions).
- The total amount of “countable assets” is limited to the amount that is reasonably expected to be utilized within the veteran or widow’s lifetime.
- There is no government regulation or rule that provides a specific limitation on the exact amount of “countable assets.”
- Allowable income, after authorized deductions, may not exceed the maximum pension provided for each veteran’s specific circumstances.
- The income after subtracting the un-reimbursed medical expenses of the veteran or the widow must be less than the maximum pension for that Veteran’s classification; un-reimbursed medical expenses includes Medicare premiums and co-pays.
- All of the income of the veteran and any dependent living with the veteran must be counted.
- All of the veteran’s family (spouse and dependent child) income from all sources must be counted.
There are three levels of VA Pension benefits:
– Basic Pension Benefits
– Housebound Pension Benefits
– Aid and Attendance Pension Benefits
There are medical needs requirements the Veteran must meet to qualify for Housebound pension benefits or Aid and Attendance pension benefits.
The veteran must be over age 65 or, if under 65, 100% disabled to qualify for any benefit.
– Is the lowest payment level among the various VA pension benefits.
– There are no medical need requirements to qualify for basic VA pension benefits.
Pension with Housebound:
– Higher pension benefits than Basic, but less than Aid and Attendance amounts.
– Claimant must be housebound:
– Is unable to drive an automobile.
– Is unable to leave home without assistance from another person.
– There is no requirement that the veteran be totally disabled or have a disability rating.
Pension with Aid and Attendance:
– Highest pension amount provided for veterans who are not disabled as a result of a service connected injury or disease.
– Requires that the veteran need the aid and attendance of another person to complete at least three of their activities of daily living (ADLs) (eating, dressing, toileting, bathing, mobility).
– Aid and Attendance benefit amount is based on the veteran’s health and medical condition.
If you would like the assistance of your Jacksonville lawyer for Veteran Benefits in determining your eligibility for Veterans Pension Benefits, to help you rearrange your financial affairs to legally qualify for VA Pension Benefits, or to properly file your application for VA benefits, please complete the form below and email it to us, or call our office at 904-448-1969 (toll free 888-492-2468) to schedule a consultation regarding your eligibility and planning for VA pension benefits.