Are you a veteran or spouse of a veteran? If so, there are a variety of veterans benefits that may be available to you. You may already know about some (or all) of these benefits; however, many veterans and eligible dependents are unaware of the various benefit programs available to them. To make sure you are getting all the benefits to which you are entitled, the Indianapolis veteran benefits planning attorneys at Frank & Kraft explain some common veteran benefit programs and eligibility requirements.
Veterans Pension
Veteran’s pension program provides monthly benefit payments to certain wartime veterans with financial need, and their survivors. The veterans pension program is a needs-based benefit paid to a wartime veteran and his/her survivor(s). A veteran may generally be eligible if he/she:
- was discharged from service under other than dishonorable conditions, AND
- served 90 days or more of active military, naval or air service with at least 1 day during a period of war, AND
- his/her countable income is below the maximum annual pension rate, AND
- meets the net worth limitations, AND
- is age 65 or older OR is shown by evidence to have a permanent and total non-service-connected disability OR is a patient in a nursing home OR is receiving Social Security disability benefits.
Note: Veterans who entered active duty after September 7, 1980, must also have served at least 24 months of active-duty service. If the total length of service is less than 24 months, the Veteran must have completed his/her entire tour of active duty.
Veterans Aid and Attendance Program
The Veteran’s Aid & Attendance (VA&A) program is intended to provide additional monetary assistance above and beyond that provided by the VA pension program. The additional assistance is aimed at helping veterans who need help with daily tasks of living, such as dressing, bathing, or cooking by providing the financial resources to hire someone to help. As of 2022, the VA&A program pays up to $2,431 per month to an eligible veteran with a spouse or dependent (or up to $1,318 per month to the widow/widower of a veteran) who needs aid and attendance from a health care provider. To be eligible for VA&A benefits as a surviving spouse you must first be eligible for DIC benefits. In addition, you must be 65 or disabled, your spouse cannot have been dishonorably discharged, and you must have been living with the veteran at the time of their death and must be single at time of your claim.
Medicare and Veterans Benefits
It is possible to qualify for both Medicare and veteran’s benefits; however, Medicare and VA benefits do not work well together. Medicare does not pay for any care that you receive at a VA facility. For Medicare to cover your care, you must receive care at a Medicare-certified facility that works with your Medicare coverage. Conversely, for your VA coverage to cover your care, you must generally receive health care services at a VA facility. Moreover, VA benefits will not pay for Medicare cost-sharing (deductibles, copayments, coinsurances).
Surviving Spouse Benefits — Dependency and Indemnity Compensation (DIC)
The most well-known benefit available to a surviving spouse is Dependency and Indemnity Compensation (DIC). Dependency and Indemnity Compensation (DIC) is a tax-free monetary benefit paid to eligible survivors of military Servicemembers who died in the line of duty or eligible survivors of Veterans whose death resulted from a service-related injury or disease. To be eligible as a surviving spouse you must have been:
- Married to a Servicemember who died on active duty, active duty for training, or inactive duty training, OR
- Validly married the Veteran before January 1, 1957, OR
- Married to the Veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the Veteran’s death began or was aggravated, OR
- Married to the Veteran for at least one year, OR
- Had a child with the Veteran, AND
- Cohabited with the Veteran continuously until the Veteran’s death or, if separated, was not at fault for the separation, AND
- Not currently be remarried
As of 2022, the basic monthly rate of DIC is $1,437.66 for an eligible surviving spouse. The rate is increased for each dependent child as well as if the surviving spouse is housebound or in need of aid and attendance.
Contact Indianapolis Veteran Benefits Planning Lawyers
For more information, please download our FREE estate planning worksheet. If you have additional questions or concerns about including veteran benefits in your estate plan, contact the experienced Indianapolis veteran benefits planning lawyers at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.
Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work.
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