Elder Law / Medicaid Planning

ELDER LAW - VA PENSION PLANNING

Any Veteran, or a surviving spouse of a Veteran, who served in active duty at least 90 days, including at least one day during wartime, is eligible to apply for benefits, as long as the Veteran received anything other than a dishonorable discharge from the military.

Periods Of War

  • WWII: December 7, 1941 – December 31, 1946
  • Korean Conflict: June 27, 1950 – January 31, 1955
  • Vietnam Conflict: August 5, 1964 – May 7, 1975
  • Gulf War: August 2, 1990 through the present

It is not required that the Veteran served in combat or served in a combat zone. It is not dependent upon service-related injuries for compensation.

The purpose of the pension which is called "the Improved Pension" is to assist Veterans and their surviving spouses with paying out-of-pocket medical expenses.

The benefit is for those who are:

  • Blind; or
  • Living in nursing home (assisted living); or
  • Unable to dress/undress or keep self clean and presentable;
  • Unable to attend the wants of nature; or
  • Has a physical or mental incapacity (such as Alzheimer’s) that requires assistance on a regular basis to protect the person from daily environmental hazards.

There is an income test but in determining income, recurring nonreimbursed medical expenses are allowed as deductions. The VA also reviews assets but there is no set asset ceiling.

Pearson Bollman Law has the experience to determine your eligibility with regard to the disability, income, and asset tests. Further, with our VA Pension planning, we ensure you qualify for the greatest pension amount possible.