Gardberg & Kemmerly, P.C. Attorneys at Law

What is a VA Pension?

The requirements for VA Pension are: the veteran must be discharged under other than dishonorable conditions; have active service that includes a total of ninety days during one or more periods of war, ninety or more consecutive days, one day of which is during a period of war, or at least one day of wartime service that results in a discharge for a service connected disability; the veteran must have limited income and meet a needs test; the veteran must be permanently and totally disabled; and the disability must not be the result of the veteran’s willful misconduct. 38 U.S.C. § 1521; see also 38 C.F.R. § 3.3.

Net worth and countable income are considered when determining need. The VA considers the corpus of the veteran’s estate, the corpus of the veteran’s spouse’s estate, plus the combined annual income of the veteran and his or her spouse. See 38 U.S.C. § 1522(a) and 38 C.F.R. § 3.274(a). The veteran’s net worth is determined on a case by case basis.

If you are a veteran that cannot work due to medical conditions that are not service connected, you should apply for a VA Pension.

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