Legal Help for Veterans Accessing Veterans Benefits

Former U.S. service members—and often their families—are eligible for such an array of benefits and programs from the U.S. Department of Veterans Affairs that it can be overwhelming. “When I see a new client, I always ask if he or she’s a veteran, when and where they served, and if they have a service-connected disability,” says elder law attorney Felicia Pasculli with Rivkin Radler in New York City.

A veterans law or elder law attorney can help veterans obtain the benefits they’ve earned when it comes to disability claims, VA healthcare, pensions, and retirement.

VA Benefits for Injuries and Illness

Veterans injured during military service, for example, may be eligible for tax-free monetary compensation—and it doesn’t mean you had to have been in a combat zone. “You could have gotten hurt in training or at some other point or location,” says Pasculli, who helped her father, a disabled World War II veteran, obtain benefits.

Chemical or environmental hazards, such as Agent Orange or Gulf War burn pits, are presumed causes of various cancers in veterans. But Pasculli notes that other conditions—like diabetes, Parkinson’s, and heart disease—may also be linked to Agent Orange. And breathing-related illnesses may be associated with burn pit exposure. 

VA Disability Benefits

The VA assigns each injury a rating based on the degree of disability. Those ratings—expressed by a percentage of impact on a person’s health—determine priority status for VA services and can be revised if a condition worsens.

“If the rating is 70 percent or more, the VA is responsible for your nursing home care, even if the reason for being institutionalized isn’t the service-connected disability,” Pasculli says. Under the Dependency and Indemnity Compensation benefit, a surviving spouse or family member of a veteran who died in the line of duty, from a service-related injury, or with a 100 percent rating for at least 10 years prior to their death may be able to receive a tax-free monetary benefit on an ongoing basis.

Pension Eligibility and Retirement Assets

Veterans over age 65 may also be eligible to receive a monthly pension. This financial supplement is means-tested, says Pasculli, so the veteran must fall below income and net worth limits.

Sarah Steckler, a trust and estate attorney at Warshaw Burstein in New York City, explains that retirement assets are included in the net-worth calculation, and if the veteran is married, the spouse’s assets and annual income are also counted.

Those requiring assistance with daily living activities may qualify for higher pension payments through the Aid and Attendance or Housebound Allowance programs. Based on 2024 guidelines, says Steckler, an unmarried veteran who qualifies for the maximum VA Aid and Attendance benefit for wartime veterans could receive up to $2,300 a month. A widowed spouse would receive a portion of those funds.

The VA also provides for short- and long-term care services. And if family members caring for a veteran need a break, respite care can be provided at home, in a VA nursing home, or adult day care, says Steckler. In addition, the VA’s hospice program provides access for veterans with terminal illnesses to services like pain management and emotional support. 

Applying for Medicaid

It might also make sense to apply for Medicaid, says elder law and estate planning attorney Nicole Zuvich, with The Law Offices of Nicole J. Zuvich in Babylon, New York. “There’s a misconception that Medicaid is only for people who are impoverished or very poor, or that they have to spend down assets.” Unless an individual has substantial income, assets, or a long-term care insurance policy, she says, they’ll likely need the extra coverage at some point.

“A nursing home, especially here in Long Island and the five boroughs, can easily be between $15,000 to $16,000 per person per month,” says Zuvich, who has handled Medicaid planning for many 9/11 first responders. “Medicare only covers a skilled nursing facility for, at most, 100 days, and it will not pay for an aide long term, so Medicaid comes in to pay for those.”

Medicaid’s five-year lookback period aims to prevent applicants from giving away assets in order to qualify for means-tested benefits. Trusts are one way to preserve these assets, Zuvich says, but only with early planning. “We can start the clock ticking so the assets placed in trusts will be protected.”

Seeking Help for Your Veteran Claims

For free help, veterans can visit their local VA facility, which “is often staffed by fellow veterans, and there’s a nice camaraderie because of that common bond,” Steckler says.

You can also visit the Super Lawyers directory to begin your search for legal assistance in your area.