Veterans Benefits Lawyer Based in Madison

Proudly Representing Veterans Throughout Wisconsin

At Krause Estate Planning & Elder Law Center, we are proud of our military background. We are owned and operated by a former Army JAG Attorney, and we know firsthand how important it is for veterans to obtain the benefits they earned for their service to our country. Our firm provides a wide range of legal services for veterans who needing assistance filing claims for individual unemployability, death benefits, discharge upgrades, and more.

Aid & Attendance Benefits for Veterans

Aid and Attendance is a benefit available through the VA for wartime veterans who are over the age of 65, disabled, and have limited income. Veterans who are under the age of 65 might qualify for these benefits if they are permanently or totally disabled. Aid and Attendance benefits can be used to cover various expenses associated with long-term care, such as nursing homes, assisted living facilities, or in-home care. Aid and Attendance benefits are means tested using the applicant’s income and assets.

Widowed spouses of eligible veterans and dependent children might also qualify if they meet the clinical and income requirements and have not remarried. The widowed spouse must have been married to the veteran at the time of veteran’s death. The widow must also must be single when they apply and cannot have remarried after November 1, 1990. There are certain circumstances in which a veteran and spouse could have been legally separated even though they were still married.

Service in combat is not required. For veterans of the Gulf War, the service requirement is 24 months or completion of the requirement for active duty service, whichever comes first. Eligibility for Survivors Pension for surviving spouses or dependent children of a deceased veteran requires the same wartime service for the deceased veteran.

Eligible veterans must have served in one of the following wars:

• World War II: December 7, 1941, to December 31, 1946.
• Korean War: June 27, 1950, to January 31, 1955.
• Vietnam Era: August 5, 1964, to May 7, 1975. For veterans who served “in country” before August 5, 1964, the beginning and end dates are February 28, 1961, and May 7, 1975.
• Gulf War: August 2, 1990, through a date to be set by law or Presidential Proclamation. The VA considers this war in effect for benefits purposes.

There are three separate eligibility requirements for Aid and Attendance benefits:

• Service Requirement: The applicant must have 90 days of active military duty service. A least one day of service must have been during wartime. The applicant must also have been discharged for a reason other than dishonorable discharge. Service in combat is not required for this benefit. The service requirement for Gulf War veterans is 24 months or completion of the requirement for active duty service, whichever comes first. Eligibility for Survivors Pension for surviving spouses or dependent children of a deceased veteran requires the same wartime service for the deceased veteran.
• Homebound Requirement: This is an increased monthly pension amount that is paid to permanently disabled veterans who are confined to their homes. Veterans can qualify for this increased amount if they have a single permanent disability evaluated as 100-percent disabling that keeps them confined to their immediate location. You may not receive an enhanced or special monthly pension unless you are already eligible for VA pension. However, enhanced pension is based on a higher income limit. As a result, applicants who aren’t eligible for basic pension can still qualify for increased pension benefits. You can’t receive pension at the Aid and Attendance and Housebound rate at the same time.
• Medical Requirement – The veteran or surviving spouse must demonstrate the need for “aid and attendance” of another individual in order to engage in the basic tasks of daily living. According to the Veteran’s Administration (VA), the need for aid and assistance can be claimed by those who can be classified as needing someone else’s help to dress, feed, bathe, and perform other functions necessary for everyday living. Veterans or surviving spouse who are blind, bedridden, or patients in nursing homes due to physical or mental incapacity can also claim the need for aid and attendance benefits.

Contact Krause Estate Planning & Elder Law Center Today

Whether you are a veteran or a veterans’ surviving spouse, our elder law team at Krause Estate Planning & Elder Law Center is here to walk you through each phase of the application process to ensure your best interests are protected. Our Board-Certified estate planning law specialist* can evaluate your situation and help you make an informed decision about how to proceed.

*The Estate Law Specialist Board, Inc.