Let us never forget our brave men and women who have fought, and continue to fight for our freedom and safety.
Melissa Rodden Mays has such a thankful heart for our veterans, in part because her father, sister, and oldest son have all served as active military members overseas in areas of war or conflict.
Mrs. Mays is accredited by the U.S. Department of Veterans Affairs (VA) to assist veterans with claims. Only attorneys who are accredited are allowed to assist our veterans with claims.
There are an estimated 25 million United States veterans currently eligible for benefits from the VA. And yet most of these veterans are under the impression that they are only entitled to benefits if they were wounded or disabled while serving.
Many disabled veterans or wartime veterans over age 65 are entitled to a base pension. Additionally, many veterans do not know that benefits are in place for wartime veterans and their spouses to help with long-term care costs, including home health care, various assisted living facility costs, and nursing home expenses.
Veterans Aid and Attendance is awarded as an enhanced monthly pension, or improved pension, and is available to wartime veterans or their surviving spouses in addition to a veteran’s “housebound” benefit or “service” benefit.
An eligible veteran with a dependent can receive up to $2,120 a month for assistance with medical expenses and long-term care. An eligible veteran’s widowed spouse can receive up to $1,149 per month as the survivors pension. These benefits are tax-free. They are available to eligible veterans (and the veteran’s widowed spouse) who require the aid of another person with daily living tasks (ADLs) like bathing, cooking, eating, dressing, and other tasks. A physician must provide evidence of the need for care, which must then be certified by the VA. Specific forms must be used.
We can help you determine if you are eligible for Veterans Aid and Attendance and other benefits, as well as guide you through the complex application, appeal and approval process.
Please call us today at 502-805-1133 to schedule a free consultation.
Rates are now published for 2019:
Veteran with one dependent- Basic improved pension up to $1,477 per month; Housebound up to $1,728; A & A up to $2,230.
Single Veteran - Basic improved pension up to $1,128 per month; Housebound up to $1,378; A&A up to $1,881.
Surviving Spouse- Basic Improved pension up to $757 per month; Housebound up to $925; A & A up to $1,211.
The Five Requirements to Qualify for the VA Pension Benefit.
90 Days Active Duty
One Day During a Period of Conflict
Cannot Be Dishonorably Discharged
Level of Medical Assistance Needed
1) 90 Days Active Duty. A veteran needs to have served 90 days active duty. Those 90 days do not need to be consecutive. Keep in mind, by “active duty, ” it doesn’t require the veteran to be boots on the ground. The veteran just needs to be active duty, even if they were pushing paper at a base in the U.S.
2) One Day During a Period of Conflict. Periods of conflict are determined by congress. The official periods of conflict are:
World War II: December 7, 1941 – December 31, 1946
Korean War: June 27, 1950 – January 31, 1955
Vietnam War: August 5, 1964 – May 7, 1975
For those in Vietnam: February 28, 1961 – May 7, 1975
Persian Gulf War: August 2, 1990 – date to be determined
(Congress has not officially closed out this conflict)
3) Cannot Be Dishonorably Discharged. The veteran cannot be dishonorably discharged. That’s pretty straightforward. All this information can be found on the DD214 or separation papers.
4) Medical assistance needed. The veteran or surviving spouse will need to have on-going, reoccurring long-term care costs. For example, is the veteran or surviving spouse paying for home-care, assisted living, or nursing home costs? If that veteran or surviving spouse has a family care-giver they may qualify for the VA Benefit.
5) Asset Requirements. The VA has its own rules regarding asset limits and transfers of assets. New regulations were passed in September of 2018. There are very specific requirements regarding assets.. However, a VA Accredited lawyer can help explain the changes.
Attorney Melissa Rodden Mays is licensed in Kentucky and Indiana. This website contains general information about legal matters. It is not intended to be legal advice and should not be relied upon as such. You must not rely on the information on this website as an alternative to legal advice from your attorney. If you have specific questions about any legal matter you should not delay in consulting with an attorney.