AVAPP works with licensed attorneys across the country to assist them in providing VA pension planning. To learn more visit the Attorney section of our website.

HOW DO CLIENTS QUALIFY - Below Are The Key Determining Qualifications:
  • Service: A Veteran must have served a minimum of 90 consecutive days of active duty service and at least one day during a qualified war period. Special rules apply for service after September, 1980.
  • Training & Reserve Time: Training and reserve time do not count as active duty. If the unit is called to active duty, only that time in active duty will qualify.
  • Discharge: The Veteran must have left the service with a general or better than dishonorable discharge.
  • Divorce: In most cases, divorce from a Veteran disqualifies the former spouse from qualification. The widow(er) of a qualified Veteran must not have remarried. If they did remarry, the new spouse must also be a qualified Veteran and they must have remained married for a minimum of 12 months. The claimant will not be allowed to qualify under the former spouse’s qualification once remarried.
  • Age/Disability: Claimant is 65 or older, or is permanently and totally disabled, not due to their own willful misconduct, or is a patient in a nursing home, or is receiving Social Security disability benefits.
  • Needs/ADLs: The pension is needs based. The Veteran, spouse or widow(er) must have a need for assistance for at least two activities of daily living (ADLs), such as food preparation, bathing, walking, dressing, medication management, managing finances, ability to protect self, or ability to leave home/facility without help.
  • Expenses & Income: Monthly, recurring, unreimbursed medical expenses must be equal to or greater than monthly income to qualify for the maximum pension payable for the rating. Monthly medical expenses can include expenses associated with an assisted living facility, private pay nursing home, home health care and caregiver expenses, in addition to supplies and other related expenses.
  • Net Worth: A qualified claimant cannot retain more net worth than would be expected to be utilized during their lifetime. We recommend retaining no more than the cash flow needed for the following 24 months.
If a Veteran and spouse or a widow(er) is in an assisted living or private pay nursing facility, does this count as medical expense?

Answer:  Yes, it does count in most cases.  If meals are being served and daily living services are provided for the Veteran/spouse or widow relative to their daily living needs, it would be considered a medical expense.

I/We have a home and investments; can we qualify?
Answer: Most likely, however, you will need to work with an accredited VA attorney to review your assets and determine how you can qualify. Often, a special trust will need to be created.

My wife meets the ADL (Activities of Daily Living) needs requirements, but I, as the Veteran, do not. Can we still receive this pension?
Answer: Yes, you could qualify for Basic Pension but not Aid and Attendance Pension.  When you have qualified ADLs, you would then qualify for Aid and Attendance, which is a higher monthly amount.

We are not in an assisted living facility or private nursing facility but we do have caregivers coming to our home. Will that qualify as a medical expense?
Answer:  Yes, but a legal caregiver agreement will need to be created.  You will need to work with an accredited VA attorney.

Once we qualify for this pension and the application has been submitted, how long will it be before I start receiving my pension?
Answer:  There is no good answer to this question.  We have seen it take just a few weeks, a few months and then nearly a year.  The good thing is, once awarded, the pension will be paid retroactively to the date the application was submitted.

My daughter has taken on the role of our caregiver. She is at our home every day. Is there a way we can name her as our caregiver and pay her?
Answer:  Yes. An accredited VA attorney can set up a legal caregiver agreement with her.

Widows of Veterans and Dependent Children Can Qualify for the VA Pension Benefit if Key Criteria is Met.

HOW TO QUALIFY - Below Are The Key Determining Qualifications:
  • Service:  A Veteran must have served a minimum of 90 consecutive days of active duty service and at least one day during a qualified war period. Special rules apply for service after September, 1980.
  • Training & Reserve Time:  Training and reserve time do not count as active duty. If the unit is called to active duty, only that time in active duty will qualify.
  • Discharge:  The Veteran must have left the service with a general or better than dishonorable discharge.
  • Divorce:  In most cases, divorce from a Veteran disqualifies the former spouse from qualification. The widow(er) of a qualified Veteran must not have remarried. If they did remarry, the new spouse must also be a qualified Veteran and they must have remained married for a minimum of 12 months. The claimant will not be allowed to qualify under the former spouse’s qualification once remarried.
  • Age/Disability:  Claimant is 65 or older, or is permanently and totally disabled, not due to their own willful misconduct, or is a patient in a nursing home, or is receiving Social Security disability benefits.
  • Needs/ADLs:  The pension is need based. The Veteran, spouse or widow(er) must have a need for assistance for at least two activities of daily living (ADLs), such as food preparation, bathing, walking, dressing, medication management, managing finances, ability to protect self, or ability to leave home/facility without help.
  • Expenses & Income:  Monthly, recurring, unreimbursed medical expenses must be equal to or greater than monthly income to qualify for the maximum pension payable for the rating. Monthly medical expenses can include expenses associated with an assisted living home, private pay nursing home, home health care and caregiver expenses, in addition to supplies and other related expenses.
  • Net Worth:  A qualified claimant cannot retain more net worth than would be expected to be utilized during their lifetime. We recommend retaining no more than the cash flow needed for the following 24 months.