Allaire Elder Law

Veteran Benefits

Allaire Elder Law

Veterans Benefit Planning

Veterans have served our country in times of peace and war and deserve recognition for the service they have given, yet many don’t know about the benefits their work may entitle them to. Every veteran in the country needs to understand that they are eligible for certain perks, and veterans benefit planning can be of help in ensuring they maximize these rewards. Certain conditions must be met to obtain the benefits, and loved ones, such as widowers and widows, may also be able to receive compensation through the programs. For this reason, anyone who has served in the military should learn more about veterans benefit planning today.


Determining Eligibility For Veterans Benefit Planning

The first question many have regarding veterans benefits is whether they are eligible. Many people assume that only those disabled as a result of their military service are entitled to certain benefits, such as the veterans benefit pension, but this isn’t the case. This program, called Aid and Attendance, is designed to help anyone who has served in active duty for a minimum of 90 days in the armed forces and a minimum of one of these days was during U.S. wartime as outlined by Congress. In addition, their spouse may also be eligible for this pension, but most don’t realize they qualify. This is of importance, as the amount a couple can receive is more than $25,000 in a single year. Those applying for the program must be discharged honorably or discharged as general under honorable conditions to qualify. Furthermore, to qualify for the program, a doctor needs to certify the veteran meets the disability requirements, regardless of what led to the disability.

Requirements Which Must Be Met

The veteran wishing to obtain aid and attendance benefits must require the help of another person to perform activities of daily living, such as bathing, or dressing or toileting. The same is true when a surviving spouse is requesting this aid. When an individual lives in an assisted-living facility, he or she will often be qualified even if they aren’t helpless or bedridden, as they still need help with their daily care. A physician is required to certify that this is the case for the person requesting the benefits.

Financial Considerations For Veterans Benefit Planning

Veterans and their loved ones shouldn’t assume they won’t qualify for this aid based on their current assets. Although assets are taken into consideration during the eligibility determination process, an applicant with a net worth of less than $80,000 will usually qualify whether they are single or married. This figure, however, doesn’t take into account their home, cars, or term life insurance they may own. Care must be taken if a person wishes to transfer assets to meet these requirements, as Congress is looking at ways to ensure people don’t transfer assets simply to ensure their eligibility. Countable income is also looked at when determining a person’s eligibility for Aid and Attendance. This figure is calculated by taking all gross annual income of an individual, including any money they make from investments and savings, and then deducting medical expenses that are unreimbursed. Once this figure has been determined, if it is below the applicable pension rate for the current year, the program makes up the difference between the two amounts. The applicable pension rate is adjusted yearly in accordance with the Social Security annual cost of living adjustment.

Why An Attorney Is Needed

The rules and application process can be difficult to manage and this is where an attorney can be of assistance with veterans benefit planning. The attorney works to ensure the claim is accurate and all paperwork is filled out properly. With the help of the lawyer, a person may find they qualify for additional benefits they weren’t aware of and receive these benefits in less time. Furthermore, the person doesn’t have to deal with the hassle and worry associated with filing their claim, as the attorney does the work on their behalf. Since some estimates are that a third of veterans over the age of 65 are eligible for these benefits, but 95% aren’t receiving them, now is the time to call an attorney and determine your eligibility.

We Can Help

If you or your loved ones need assistance with veterans benefit planning, contact Allaire Elder Law. We believe that those who have served their country in the military should receive those benefits in a timely manner due to their service. Contact our office today to set up an appointment and begin the process of obtaining these well-deserved benefits.

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Veteran Benefit Attorneys

Stephen O. Allaire
Stephen O. AllaireAttorney At Law - View Bio[email protected]
Halley Allaire
Halley AllaireAttorney At Law - View Bio[email protected]


Veteran Benefit Coordinators

Linda P. Grenfell
Linda P. GrenfellVA Pension Paralegal[email protected]


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