Individuals who have served in the military and some close relatives of individuals who served in the military may be eligible for benefits from the Veterans Administration (VA).  Recently imposed restrictions on Medicaid eligibility have made veterans benefits more popular among veterans and their families   For example, under Medicaid there may be a 5 year look back period for gifts to others that reduce an individual’s assets.  Under the VA eligibility there is no look back period and its easer to reduce assets (e.g. adding other individuals to bank accounts).

VA benefits include service connected and non service connected benefits. These benefits can provide money for nursing home care, in home care and free/ low cost prescriptions.  Since the payments are very modest for care, often the most important benefit is the subsidized prescription benefit that applies to almost all veterans “in the system” even if they are not eligible for other aid.

“There is no VA benefit the public supports more strongly that the compensation benefits for veterans injured during combat or while on active duty.”  To be eligible a veteran must be discharged under conditions other than dishonorable, have incurred or aggravated their injury/disability in the line of duty and not as the result of their own misconduct, or abuse of drugs or alcohol.  Some disabilities are intuitively a result of military service, such as physical injuries incurred during combat.  Other injuries occur while under active service but not during combat.  Other injuries/disabilities may not seem like service related ailments to the layperson. For example,  type 2 diabetes is presumptively a service related disability for veterans of the Vietnam War exposed that were exposed to Agent Orange  See other presumptive service related disabilities as well as other information fact sheets at: http://www.vba.va.gov/VBA/benefits/factsheets/

Veterans may also be eligible for monetary help even if they have no service related injury.  A veteran who fought during “a war”, defined for each war, and is now disabled or over the age of 65 is eligible for special monthly pensions to pay for health related costs including home care and aid and attendance.  There are restrictions on income and assets to receive veterans benefits but these are not as stringent as they seem.  An individual’s income is net of many recurring medical costs. Calculations for assets also have unique exemptions.  Spouses of war veterans are also eligible for monetary assistance under certain situations.  And even if a veteran qualiries for only $1 a month, the veteran is still eligible for the prescription subsidies which caps out-of pocket costs at less than $1000 a year.  This prescription benefit can dwarf the pension benefit for may veterans.   

If you are a veteran or are related to a veteran who is having financial problems because of  health care related costs it might be worth checking on VA benefits.  For more information you can contact  veterans service organizations (e.g., Veterans of Foreign Wars), an attorney certified by the VA or the VA itself.  No matter who you contact, NO ONE CAN CHARGE FOR COMPLETING OR FILING THE FORMS.  However, VA certified attorneys may change for legal assistance to appeal a negative eligibility determination or helping individuals plan for becoming eligible for VA benefits. .

Many veterans and their families are not aware of these benefits.  People who have put their life on the line for our country deserve to receive the benefits they have earned through their service.

Note: This is not legal advice.  I'm not your attorney. This provides general information and a start in deciding what benefits you may want to investigate or what information you may want to tell your lawyer.

Nancy Mayer, Attorney-at-law.