1. THE HILBUN LAW FIRM, P.C.
Physical Address: Mailing Address: Phone: 281 955-9292
21840 N.W. Frwy, Ste. C 12218 Jones Road, Suite D - 203 Fax: 281 955-9922
Cypress, Texas 77429 Houston, Texas 77070 hilbunlaw@gmail.com
Elizabeth S. Hilbun Rebecca L. Grohmann
Board Certified - Estate Planning and Probate Law
Texas Board of Legal Specialization
47 SECRET
Veteran Benefits for Seniors
PENSION
1. Senior citizen veterans or their surviving dependents can
receive up to $2,020 per month ($24,240 per year) (as of
2012) in tax free income through the ''Improved Pension"
benefit.
a. 3 levels of Improved Pension are 1) Low Income
Pension; 2) Pension with Housebound; and 3) Pension
with Aid and Attendance
2. You can qualify for a VA pension even if your income
exceeds the maximum limit because you are allowed to
deduct certain expenses from your gross income BEFORE
comparing income to the limit.
3. Recurring, out of pocket medical expenses of BOTH the
veteran and the spouse are deductible expenses to qualify
for VA pension (i.e. premiums, prescriptions, doctors' visits,
travel to and from doctors' visits, home health care, assisted
living facility care and nursing home care).
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2. 4. The money paid to a family caregiver, as long as it is not the
veteran's spouse, can be a deductible medical expense.
5. The entire cost for an assisted living facility for BOTH the
veteran and the spouse is a deductible expense.
6. You can qualify for a VA pension even if your assets (net
worth) exceed the limit.
7. Trained attorneys who know VA laws and who are
accredited by the VA can assist you in preserving the assets
you have while also obtaining the pension.
8. If the veteran is 65 years or older, the VA presumes
disability, it does not have to be proven.
9. If the veteran is deceased and the surviving spouse is
applying for Low Income Pension, the spouse can be of ANY
age and does NOT have to be disabled.
10. Pension with Aid and Attendance is easier to obtain than
Housebound benefits.
11. A veteran who is healthy but has a spouse who is disabled
CAN receive Low Income Pension.
SERVICE CONNECTED DISABILITY COMPENSATION
12. If you are in the military and you are injured, whether you
are working or not, it is considered to be in the line of duty
as long as your injury is not from your own willful
misconduct or abuse of alcohol or drugs.
13. Entitlement to service connected compensation is not
barred by the veteran's employment.
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3. 14. A 0% service connected disability rating still gives you
priority in the VA health care system.
15. A 30% or higher rating will pay you a higher amount of
money if you have a spouse or dependents.
16. A 70% or higher rating will allow a claimant to reside in a
federal VA nursing home, usually at no charge.
17. When rated at 100% disability or if rated as unemployable,
you will receive the highest rating and the highest pay, and
you are also entitled to the ''aid and attendance"
supplement to compensation (not to be confused with the
Aid and Attendance Pension benefit) if you need another
person to help with activities of daily living (walking,
bathing, dressing, toileting, etc.).
18. Service connected disability compensation is not barred or
reduced if you have other income (i.e. from working. Social
Security, etc.).
19. The level of your assets (net worth) does not matter for
service connected disability compensation.
20. VA compensation is tax free income.
21. Surviving spouses and dependents of service connected
disabled veterans can file a claim for benefits too (called
"death" claims).
22. The veteran and the surviving spouse did NOT have to be
married to each other while the veteran was in the military
or when the veteran was injured; just married at least one
year prior to veteran's death and not separated at death.
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4. 23. If a veteran dies while the VA claim is pending, the
surviving spouse can continue to pursue the veteran's own
claim for benefits AND the spouse can make an
independent claim for death benefits.
24. Veterans who served in Vietnam anytime between February
28, 1961 and May 7, 1975, and later developed illnesses or
diseases are PRESUMED to have been exposed to Agent
Orange and thus, have a service connected disability.
25. You didn't have to serve in Vietnam to have a presumptive
illness.
26. If you were diagnosed with Amyotrophic Lateral Sclerosis
a.k.a. Lou Gherrig's Disease while on active duty or within
one year from your date of discharge, your disease is
presumed to be service connected.
APPLICATION PROCESS FOR PENSION
27. You can file your application through the Fast Track System
to expedite your claim.
28. The claimant must personally sign the application form; not
the POA. A witness is required when signing with an "X."
29. Use the VA's own "representation" forms (VA Form 21-22
or VA Form 21-22a) NOT a privately drafted POA.
30. Do NOT give the VA original verification documents (i.e.
discharge papers, birth certificates, marriage licenses,
etc.); you won't get them back.
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5. 31. You must submit certified copies of all death certificates or
divorce decrees from all prior marriages of both the veteran
and the current spouse.
32. The VA is required to expedite an application for benefits if
the claimant is receiving Hospice care.
VA HEALTH CARE BENEFITS
33. You can continue to use your own doctor.
34. Some private nursing homes - likely in your own
community - have a federal VA contract (distinguished from
federal VA homes or state VA homes).
35. Some federal VA nursing homes, and some private nursing
homes with a VA contract will admit veterans for care even
if the veteran does not meet the service connected
disability requirements Oust based on whether a bed is
available).
36. Veterans (but not spouses or other dependents) can obtain
their prescriptions from the VA for $9 or less for a 30 day
supply.
37. Elderly veterans can receive Extended Care Services from
the VA which can delay the premature need to move to an
assisted living or nursing home environment.
38. Only Veterans (not spouses or other dependents) can
access the VA health care system.
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6. BURIAL BENEFITS
39. Veterans and their spouses can be buried at a national
cemetery at no cost.
40. You must have the military discharge papers in hand in
order to be buried at a military cemetery.
GETTTING HELP
41. There is a very specific, yet limited, list of the types of
people who can assist a veteran with the preparation,
presentation, and prosecution of a claim:
a. Veterans can do it alone
b. Veterans Service Organizations can help
c. Individuals Accredited by the VA can help
d. A One-time Power of Attorney agent can help
e. Attorneys accredited by the VA can help
ATTORNEYS' FEES
42. No private or non-profit organization, nor individual,
including lawyers, can charge for the preparation,
presentation and prosecution of a claim.
43. Once a veteran's claim is denied or approved for fewer
benefits than the claimant was seeking, the veteran can
hire a paid representative to assist with the appeal AFTER a
Notice of Disagreement (NOD) has been filed with the VA.
44. A NOD filed BEFORE June 20, 2007 has different rules.
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7. 45. An attorney's fee is presumed to be reasonable if the
attorney charges no more than 20% of what you receive in
past due benefits.
46. Elder care and Estate Planning attorneys are allowed to
charge clients for the elder care and estate planning work
they do for veterans.
RESOURCES FOR YOU
47. Reliable resources where you can obtain credible
information on obtaining the Veterans' Benefits you have
earned:
a. Department of Veterans Affairs:
www.va.gov
b. VA Forms:
www.vba.va.gov/pubs/formsl.htm
c. M21-1 and M21-1MR, Adjudication Manual:
www.warms.vba.gov/m21_l.html
www.warms.vba.va.gov/M21_lMR.html
d. Veterans Benefits Manual, published by LexisNexis
e. VisPro, application process software
f. National Organization of Veterans Advocates (NOVA)
www.vetadvocates.com
g. National Veterans Legal Services Program
www.nvlsp.com
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8. h. Veterans Advocates Group of America
www.vagamembers.com
i. VA blogs and listserves
www.vawatchdog.org
www.veteranaid.org/