Veterans Pension Benefits

Veterans pension benefits are calculated by the Veteran's Benefits Administration.

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What are Veteran Pension Benefits?

The Department of Veterans Affairs (VA), through the Veterans Benefits Administration (VBA) administers pension programs for certain low-income veterans, their surviving spouses, and dependent children. The Veterans Pension program provides monthly payments to wartime Veterans who meet certain age or disability requirements. The Veterans Pension is an income and needs-based program.

NOTE: The VA Pension benefit program is separate from Department of Defense (DOD) Pension. The DOD pension is a retirement program for eligible active duty and reservist personnel that is generally based on a minimum of 20 years of active service.

 

Eligibility

You may be eligible for the Veterans Pension program if you:

  • Did not receive a dishonorable discharge; and,
  • Your yearly family income and net worth meet certain limits. 

You must also:

  • be at least 65 years old;
  • have a permanent and total disability;
  • be a patient in a nursing home for long-term care because of a disability; or,
  • getting Social Security Disability Insurance or Supplemental Security Income
  • In addition to these requirements, your military service must have:
  • started on active duty before September 8, 1980, and you served at least 90 days on active duty with at least 1 day during wartime;
  • started on active duty as an enlisted person after September 7, 1980, and served at least 24 months or the full period for which you were called or ordered to active duty (with some exceptions) with at least 1 day during wartime; or,
  • were an officer and started on active duty after October 16, 1981, and you hadn’t previously served on active duty for at least 24 months.

How do I know if the military service was under an eligible wartime period?

The following wartime periods are recognized as qualifying for eligibility of the VA Pension benefit:

  • Mexican Border period (May 9, 1916 - April 5, 1917, for Veterans who served in Mexico, on its borders, or in adjacent waters)
  • World War I (April 6, 1917 - November 11, 1918)
  • World War II (December 7, 1941 - December 31, 1946)
  • Korean conflict (June 27, 1950 - January 31, 1955)
  • Vietnam War era for Veterans who served in the Republic of Vietnam (November 1, 1955 - May 7, 1975)
  • Vietnam War era for Veterans who served outside the Republic of Vietnam (August 5, 1964 - May 7, 1975)
  • Gulf War (August 2, 1990 - present (end date of conflict to be set by law or presidential proclamation)) 

 

Income Eligibility

Veterans pension benefits are income and needs-based.  To be eligible for pension benefits, a veteran’s yearly income must be below the income limits set by Congress. A Veteran’s income for VA purposes is how much they earn, including salary, investment and retirement payments, and any income they may have from dependents. Some expenses, like non-reimbursable medical expenses (paid medical expenses not covered by your insurance provider), and educational expenses may reduce a survivor’s income for VA purposes.

 

Asset Eligibility

Pension benefits have a net worth limitation. Your net worth includes all personal property you own (except your house, your car, and most home furnishings), minus any debt you owe. Your net worth includes the net worth of your spouse.

The VA will also examine your financial transactions for the last 3 years to determine if you transferred assets at below market value to qualify for benefits. If you transfer assets for less than fair market value during the look-back period, and those assets would have pushed your net worth above the limit for a VA pension, you may be subject to a penalty period of up to 5 years. You won’t be eligible for pension benefits during this time. This 3-year look back period applies to pension claims made after October 18, 2018.
 

Benefit Rates

If you qualify for Veterans Pension benefits, your benefit payment amount is based on the difference between your income for VA purposes and the Maximum Annual Pension Rate (MAPR). The MAPR is set by Congress and adjusted each year for cost-of-living increases. 

A Veteran’s individual’s MAPR is based on:

  • how many dependents they have; 
  • if they are married to another Veteran who qualifies for a pension; and,
  • if their disabilities qualify them for Housebound or Aid and Attendance benefits.

Current MAPR amounts can be found using the tables on the current pension rates for Veterans page.

A full list of benefit rates for veterans can be found at the VA Pension Rate Table.

Many figures used to calculate Veterans Pension benefits are revised annually by the Veterans Benefits Administration (VBA), the federal agency that administers the program. These figures are usually updated in October and can be found on the VBA website.
 

Applying

There are multiple ways to apply for Veterans Pension benefits:

If you need assistance completing the application, you can work with an accredited attorney, claims agent, or Veterans Service Organization (VSO) representative to get help applying for VA pension benefits. Learn more about getting help from a VA accredited representative of VSO.
 

Appeals

If you disagree with a VA benefit decision, you can choose from 3 decision review options to continue your case:

Supplemental Claim

If you have new evidence relevant to your claim that was not considered in the decision, you can file a Supplemental Claim. A reviewer will examine the new evidence (such as medical records) and decide if this evidence changes the decision. You can file a Supplemental Claim by completing VA Form 20-0995 or submitting your claim through the VA's online system.

Learn more about Supplemental Claims and how to file.

Higher-Level Review

If you do not have new evidence, but believe there was an error in your case, you can request a Higher-Level Review. A higher-level reviewer will review the original decision using the same evidence as before. Higher-level reviewers cannot consider any new evidence. You can request an optional, one-time, informal conference with a higher-level reviewer to identify specific errors in the case. Requesting an informal conference may delay the review. To request a Higher-Level Review, complete VA Form 20-0996 or submit your claim through the VA's online system.

 
Board Appeal

If you would like a Veterans Law Judge at the Board of Veterans’ Appeals to review your case, you can request a Board Appeal. You can only request a Board Appeal after an initial claim, a Supplemental Claim decision, or a Higher-Level Review decision. When you submit your request, you will need to request the type of review you want from the Board:

  • Direct Review - you don’t want to submit evidence or have a hearing
  • Evidence Submission  - you want to submit additional evidence without a hearing
  • Hearing - you want to have a hearing with a Veterans Law Judge (with or without new evidence)

You can request a Board Appeal by completing VA Form 10182 or submitting your claim through the VA's online system.

Learn more about Board Appeals and how to request a review.
 

 

Sources of Law

Source
Web Services Librarian.
Source URL: https://peoples-law.com/veterans-pension-benefits

List of links present in page
  1. https://peoples-law.com/veterans-pension-benefits
  2. #definition
  3. #eligibility
  4. #income
  5. #assets
  6. #rates
  7. #applying
  8. #appeals
  9. #law
  10. https://www.va.gov/pension/veterans-pension-rates/
  11. https://www.va.gov/pension/veterans-pension-rates/
  12. https://www.va.gov/pension/veterans-pension-rates/
  13. https://www.benefits.va.gov/benefits/
  14. https://www.benefits.va.gov/benefits/
  15. https://www.va.gov/pension/apply-for-veteran-pension-form-21p-527ez/introduction
  16. https://eauth.va.gov/accessva/?cspSelectFor=quicksubmit
  17. https://www.va.gov/find-forms/about-form-21p-527ez
  18. https://www.va.gov/find-forms/about-form-21p-527ez
  19. https://www.va.gov/find-locations/?facilityType=benefits
  20. https://www.va.gov/get-help-from-accredited-representative/
  21. https://www.va.gov/find-forms/about-form-20-0995
  22. https://www.va.gov/decision-reviews/supplemental-claim/file-supplemental-claim-form-20-0995/
  23. https://www.va.gov/decision-reviews/supplemental-claim#how-do-i-file-a-supplemental-c
  24. https://www.va.gov/find-forms/about-form-20-0996
  25. https://www.va.gov/decision-reviews/higher-level-review/request-higher-level-review-form-20-0996/start
  26. https://www.va.gov/find-forms/about-form-10182
  27. https://www.va.gov/decision-reviews/board-appeal/request-board-appeal-form-10182
  28. https://www.va.gov/decision-reviews/board-appeal
  29. https://uscode.house.gov/view.xhtml?path=/prelim%40title38/part2/chapter15&edition=prelim
  30. https://www.ecfr.gov/current/title-38/chapter-I