Helpful Information
Veterans: Are You Getting All of Your Benefit?
By Alex L. Moschella, Esq., Neal A. Winston, Esq., Kara O'Brien Holland, Esq., Lauren Keane, Esq.
Veterans of our uniformed services deserve our thanks and respect for their service to our country. The federal government has established a number of benefit programs for veterans, their spouses and their widows. But not all veterans are aware of all the benefits to which they are entitled.
Aid and Attendance Program
The Aid and Attendance program provides benefits for veterans and surviving spouses who meet certain criteria in regards to their status as veterans and their income and assets. Aid and Attendance is a Federal program and is available in all states.
If eligible, veterans and surviving spouses can receive assistance with daily living activities such as dressing/undressing, bathing, eating, and other every day activities of life. Also eligible for benefits under this program are blind veterans and surviving spouses, as well as those in nursing homes due to mental illness or physical incapacity. The program will even provide care for those in assisted living facilities who may need additional assistance. The program will also pay for necessary care for eligible individuals in the community, assisted living, or a nursing home.
The benefits that are available, on a monthly basis, are as follows:
- For a Veteran the maximum is $1,470,
- For a couple the maximum is $1,743,
- For a widow the maximum benefit is $945.
The amount of the benefit is driven by a formula that takes into account income and the cost of the assistance the individual requires. For example if a Veteran has an income of $3,000 a month and $2,600 in medical expenses, then his net income would be $400. Of the possible $1,470 benefit, he would be eligible to receive $1,070. As with Social Security all benefits are tax-free.
Eligible individuals must file a Veterans Application for Pension and Compensation. An applicant is only allowed to keep up to $80,000 in assets. One's home and automobile are not counted toward the $80,000 figure. There are no transfer penalties, so an individual may transfer excess assets to a child or Family Trust, and be eligible once the transfer is complete.
To actually receive payment from the VA Aid and Attendance Program generally takes 4-6 months. Payments are made retroactively from the date of the filing of the application. It is important to note that the application must be filed no later than the third week of the month prior to the month you anticipate receiving benefits. For example if you would like to be eligible for benefits on June 1, 2007 then you must file the application, no later than, May 25, 2007.
If the individual filing has any mental incapacities then it is likely that the department of Veteran's Affairs will require that a fiduciary be appointed, as they may declare the individual incompetent to handle their own financial affairs. It is important to note that a power of attorney will not be accepted by the VA. If unable to sign his or her name the applicant may make an X, with two witnesses that sign the application.
Dependency and Indemnity Compensation (DIC)
DIC is a monthly benefit paid to eligible survivors of a U.S. military service member. There are certain qualifications that must be met to qualify as a survivor. The basic monthly rate of DIC assistance is $1,033 for an eligible surviving spouse. The rate is increased for each dependent child, and if the surviving spouse is housebound or in need of aid and attendance. A transitional benefit of $250 is added to the surviving spouse's monthly DIC if there are children under age 18.
The benefit amount is based on a family unit, not individual children. It is paid for two years from the date that entitlement to DIC commences, but is discontinued earlier when there is no child under age 18 or no child on the surviving spouse's DIC for any reason.
In order to apply a claimant must complete an Application for Dependency and Indemnity Compensation, Death Pension and Accrued Benefits by a Surviving Spouse or Child (Form 21-534) and submit it to the VA regional office serving the claimant's area. The VA may request supportive materials.
There are other related benefits which a veteran, a surviving spouse or a dependent may be eligible to receive. These include health care coverage, special home loans, educational assistance, and federal employment preference.
State & Federal Veteran's Cemeteries
Massachusetts has two state Veterans' Memorial Cemeteries, located in Agawam and in Winchendon. There is no fee for a veteran's burial in a state Veterans' Memorial Cemetery. A nominal fee will be charged for the burial of spouses, widows/widowers, and qualified dependents. Under certain circumstances a Veteran, his or her spouse and their unmarried children under the age of 21 may be eligible. An application must be filed on behalf of the individual for whom burial in a veteran's cemetery is being sought.
In addition to the two State Veterans Cemeteries there are also Federal Veteran's Cemeteries. The Department of Veterans Affairs (VA) National Cemetery Administration maintains 120 national cemeteries in 39 states and Puerto Rico, as well as 33 soldier's lots and monument sites. The Massachusetts national cemetery is located in Bourne.
VA burial benefits include a gravesite in a national cemetery, opening and closing of the grave, perpetual grave, a government headstone or marker, a burial flag, and a Presidential Memorial Certificate, all at no cost to the family. Cremated remains are buried or inurned in national cemeteries in the same manner and with the same honors as casketed remains.
Get Help to Get Your Benefits
A qualified elder law attorney can advise a Veteran, a widow of a Veteran and their families in regards to the various benefits available and how each may specifically apply to their situations. In some cases such benefits may affect other public benefits so it is important to consult with an attorney before pursuing benefits you may not fully understand. However, in many cases these benefits can provide additional, much needed, support for aging Veterans and their widows or widowers.
Disclaimer: While the information contained in this article is intended to be accurate, it is nonetheless presented with the understanding that it does not constitute legal advice or professional assistance in any manner. Independent legal advice by an attorney must always be undertaken before recommending any action or inaction based on this article.
Attorneys Moschella, Winston, Holland and Keane are attorneys at Moschella & Winston, LLP, a law firm specializing in elder law issues, located in Somerville, MA. For additional information call (617) 776-3300 or visit: www.moschellawinston.com.