The veterans’ disability benefit is available to veterans for disabilities that are a result of or made worse by injuries or diseases that occurred while the veteran was on active duty, active duty training, or inactive duty training. It is also paid to certain veterans that are disabled because of VA (Veteran’s Administration) Healthcare. VA disability benefits are tax-free and range from $115 to $3100 a month depending on the Veterans disability rating. The minimum rating is ten percent with one hundred percent being the maximum.

Additional benefits may be available to the veteran’s spouse and children if the disability rating is high enough. Applications for benefits are made on Form 21-526, Veterans Application for Compensation and/or Pension. You should attach copies of your service discharge record, marriage, and birth certificates for your dependents and any medical information you have. Applications can also be made online at http://vabenefits.vba.va.gov/vonapp. There are also programs for Gulf War veterans who be experiencing medical issues not traceable to any medical disease. The VA also has a pension program for wartime veterans who have permanent disabilities not related to military service who have limited resources.

Aid and Attendance

You cannot receive the additional benefit available under Veteran’s Aid and Attendance unless you apply for the Veterans Disability Benefit first. Aid and Attendance as well as additional benefits if you are housebound can make living with your disabilities easier. Consult with an attorney experienced in handling Veterans affairs if you are denied benefits. They can assist you in working through the appeals process. There are also a number of Veterans organizations that will help with the appeals because of antiquated laws that make getting legal representation difficult. There are restrictions on attorneys fees that date back to the civil war that cause this situation.

Ryan, Hicks, Cumpton & Cumpton LLP is a member of the American Academy of Estate Planning Attorneys.

Wartime Veterans who have limited or no income, who age 65 or older or if under 65 totally and permanently disable are entitled to a pension for their service Aid and Attendance is a supplemental benefit for veterans who are more severely disabled it is paid in addition to the basic pension rate.

Eligibility requirements are as follows:

• Service members must have been discharged for any reason other than dishonorable
• Service member must have served 90 days of active duty one day of which must have been during wartime.
• Countable yearly income must be below limit set by congress. Countable income includes
  • Earnings by Veteran and anyone in the family
  • Disability and retirement payments
  • Interest and dividends
  • Net income from farming or a business
• Must be 65 or older or permanently and totally disabled for reasons other than your willful misconduct.

Aid and Attendance benefits are paid in addition to a basic pension. A veteran can receive them if they need the following care

• A personal care aid to assist the veteran in bathing, feeding, dressing, attending to the wants of nature, adjusting prosthetic devices, or protecting himself/herself from the hazards of his/her daily environment,
• The veteran is bedridden
• The veteran is in a nursing home due to mental or physical incapacity
• The veteran is blind

Housebound is another benefit available to Veterans receiving a pension and disabled. To be eligible for Housebound benefits a Veteran must

• The veteran has a single permanent disability evaluated as 100-percent disabling AND, due to such disability, he/she is permanently and substantially confined to his/her immediate premises,
• OR, The veteran has a single permanent disability evaluated as 100-percent disabling AND, another disability, or disabilities, evaluated as 60 percent or more disabling.

You cannot receive Aid and Attendance Benefits and Housebound benefits at the same time. You can apply for both benefits at the same time and this can be accomplished online at http://vabenefits.vba.va.gov/vonapp/main.asp .

Ryan, Hicks, Cumpton & Cumpton LLP is a member of the American Academy of Estate Planning Attorneys.