Veteran's Rights You Don't Know About
If you are a veteran, or the spouse of a deceased veteran who has not remarried, do we have a deal for you. It's hard to believe that a veteran who risked his or her life for our country is not informed of benefits that could make their lives a whole lot more comfortable.
What we are talking about is non-service connected veteran's benefits for the elderly and disabled. Actually, the Department of Veteran's Affairs (VA) offers two major disability benefit programs for veterans: service connected disability compensation and non service-connected disability pension. There are two major benefit programs administered by the VA for eligible surviving relatives (usually the surviving spouse) of deceased veterans: dependency and indemnity compensation and death pension.
The VA regulations establish five basic eligibility requirements for pensions:
a) Discharged under other than a dishonorable condition;Any veteran who has been dishonorably discharged (for example as a conscientious objector, who has been court-martialed or who has been given an Undesirable Discharge) is precluded from receiving veteran's benefits.
b) Active service during a period of war;
The veteran must have active service that includes a total of 90 days during one or more periods of war; 90 or more consecutive days, one day of which is during a period of war; or at least one day of wartime service that results in a discharge for a service-connected disability.
c) Needs test;
The veteran must have a need for income. The VA does not count as income a VA pension when assessing the needs of the veteran.
d) Must be permanently and totally disabled;
A veteran is considered permanently and totally disabled if the veteran is residing in a nursing home, receiving Social Security Disability payments, or unemployable due to a disability.
e) Disability must not be due to willful misconduct of the veteran.
Alcohol abuse and drug abuse are examples of willful misconduct that leaves a veteran disabled.
Spouses of veterans are eligible for benefits if they were living together as husband and wife when the veteran passed away.
The Law Office of Margaret H. Kreiner can advocate for you either as a veteran or a spouse of a deceased veteran to assist you in claiming your rightful benefits. Our veterans served our country well, sacrificing much, risking their lives, putting heavy burdens at times on their civilian spouses, and postponing college and family plans. It is time that you check out whether you qualify for benefits, even if you think your income or assets would preclude your acceptance for benefits. Veteran's benefits are a part of asset-sheltering strategies used everyday for nursing home planning.
