Veterans' Information

Attorney Nance’s father, H.A. Nance (center) and uncle (right) at the VMI “pinning” ceremony in Lexington as their great nephew, Wilson Nance (left), accepts a commission in the United States Marine Corps.

Honoring our Commitment to Virginia’s Veterans

As the son and grandson World War veterans, I’m pleased and proud to assist veterans and their families, especially as they face the legal and financial issues that come with aging. These are tough issues, and not every lawyer or financial advisor knows what may be available to your family member from “the Greatest Generation.”

What You Don’t Know Can Hurt

There are some new planning ideas that are not well known by many financial advisors yet, that can help veterans and their families meet important planning goals and objectives, particularly in the areas of increasing income and preserving assets. The VA’s Aid & Attendance Pension benefit may be available to you or a loved one. This is an income source that is immune to changes in tax law.

Overview

Over 25 million people eligible for some form of Veterans benefits
WWII Veterans are dying at the rate of 1,800 per day
Aid & Attendance Pension benefit may aid the veteran or widow in paying for medical care at home or in facility
Aid & Attendance can improve their quality of life

What is Aid and Attendance?

Special Pension Benefit for qualifying veterans or widows of veterans
Special Pension Benefit to provide help with medical expenses
Veterans will qualify for VA drug coverage

Military Service Requirement

90 days active duty
One day of service during “War Period”
General or Better Discharge

Marital Status

Surviving spouse must have been married to the Veteran at the time of the Veteran’s death.
Widow/widower must not have remarried.
Must have been married at least one month prior to Veteran’s death or have a child by the Veteran.

Income and Asset Restrictions

There are income and asset restrictions for those who otherwise qualify for the VA’s Aid & Attendance Pension Benefit program. Countable assets do not include ones’ house, car, term life insurance, burial policies, nominal cash value life insurance, or annuities in payout status. Please let us know if we can provide information about these and other programs which may assist Virginia’s veterans and their families.

Getting Assistance

Claimants seeking VA benefits can rely on a national network of lay advocates who work for a Veterans Service Organization (VSO). Examples of VSOs are the American Legion and the Disabled American Veterans. These advocates are prohibited from charging a fee. Every locality in Virginia has a Veterans Benefits Service Office that is staffed with accredited National Service Officers who are available to prepare claims for veterans and their families. These service officers designate one of the VSOs to represent the claimant. You can contact the Virginia Department of Affairs for information at www.dvs.virginia.gov.

Filing of Application

The application is filed by the Veterans Service Officer with the local VA regional office. However, in order to establish the earliest possible date, a letter to the VA requesting pension will suffice. To facilitate the service officer’s work, your attorney may be able to distribute a checklist to his or her clients. The application for pension takes approximately three to six months to be approved, but the approval date is retroactive from the first of the month after the month applied for.

Coordinating Benefits With Your Estate Plan

It is critically important that you coordinate not only Veterans benefits but private pension benefits, savings and brokerage accounts, insurance and annuities, real estate – the title to all of your assets – with your entire estate plan. While numerous nonprofits and governmental organizations can help, it is important that you review your entire estate plan with a qualified state planning or elder law attorney regularly, and especially when disability threatens.

If you or a family member or friend would like to know more about your situation and how these or perhaps other strategies may be able to help you meet your unique planning objectives, please call Kelly Baker at (804) 213-3007 #3 to schedule an appointment.

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