The Veteran must:
- Have served at least one day on active duty during a war period.
- Had 90 days consecutive active duty (24 months if service was after 1980) - or 90 days of active service during war periods.
- Have received a discharge that was better than dishonorable.
- Be over 65 years of age or 100% disabled.
- Have been married to the veteran at the time of the veteran's death.
- Have been married to the veteran for at least 12 months, unless they had a child.
- Cannot have divorced the veteran (there are very limited exceptions).
- Cannot have remarried (there are some exceptions).
- There are limits on the allowable income.
- The income after subtracting the un-reimbursed medical expenses of the veteran or the widow must be less than the maximum pension for the classification.
- All of the income of the veteran and any dependent must be counted.
- All income from all sources must be counted.
- All of the social security must be counted, not just the taxable portion.
- The total amount of countable assets is limited to the amount that is reasonably expected to be utilized within the veteran or widow's lifetime.
- Countable assets do not include the residence, burial policies, small life insurance policies, personal property, and auto.
- The general rule is a couple will not be allowed more than $80,000 and a single claimant would be allowed approximately $50,000.
- There is no rule that limits the exact amount.
- There is no rule against giving away assets to qualify.
- There is no penalty period for gifting away assets (see a knowledgeable attorney before gifting away assets to prevent unnecessary income tax problems or effect on Medicaid qualification.
- There are three levels:
Basic
Housebound
Aid and Attendance
- Each classification has certain medical requirements.
- The veteran must be over 65 or 100% disabled to qualify for any benefit.
- Basic Pension:
Is the lowest payment level.
There are no medical need requirements.
- Pension with Housebound:
Next highest pension amount.
Claimant must be housebound:
Cannot drive.
Cannot leave home without assistance.
Claimant does not have to be disabled.
- Pension with Aid and Attendance:
Highest pension amount.
Requires that the claimant need the aid and attendance of another person to complete at least three of their daily living requirements (ADLs).
Benefit amount is based on the veteran's health.