A Veteran is defined as "a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable."
Active Military includes (1) active duty, (2) training for active duty and during which disability or death occurred in the line of duty, and (3) inactive duty training during which disability or death occurred in the line of duty.
It is important to note that disability cannot have been brought on by the Veteran's willful misconduct.
Surviving spouses, children, and parents of veterans are also eligible for benefits.
Veteran's Pension benefit is a tax-free monetary benefit, payable to low income wartime veteran's, to assist families coping with financial difficulties.
To quality for Pension benefits, a veteran must have served at least ninety (90) days of active duty service, one of those days being during wartime. Other requirements are the Veteran must be (1) at least sixty-five (65) or older, or totally and permanently disabled, or a patient in a nursing home received skilled nursing care, or receiving Social Security Disability Insurance, or receiving Supplemental Security Income.
A Veteran's yearly family income must be in line with the amount set by Congress.
Effective October 18, 2018 new changes to the Veterans Aid & Assistance Benefits
Contact our office to learn more
According to the current law, VA recognizes the following wartime periods to determine eligibility for benefits:
1. Mexican Boarder Period: May 9, 1916- April 5, 1917 (for Veteran's who served in Mexico, on its border, or adjacent waters).
2. World War I: April 6, 1917-November 11, 1918
3. World War II: December 7, 1941-December 31, 1946
4. Korean Conflict: June 27, 1950-January 31, 1955
5. Vietnam Era: February 28, 1961-May 7, 1975 (for Veteran's who served in the Republic of Vietnam during that period, otherwise from August 5, 1964- May 7, 1975)
6. Gulf War: August 2, 1990-future date to be set
All Rights Reserved 2017
Elder Law & Estate Planning Center
Brian T. Treacy, LLC
The Elder Law & Estate Planning Center (located in Bluffton , South Carolina) is a full service South Carolina Estate Planning Law Firm. Elder Law & Estate Planning focuses on fundamental estate planning, Elder Law, Veterans benefits, wills & trust planning, powers of attorney, Medicaid application & qualification, long-term care planning, probate & estate administration, Medicaid crisis planning, special needs & disability planning, Aid & Attendance qualification, charitable planning, estate tax planning, and asset protection. Elder Law & Estate Planning services families and individuals throughout Bluffton, Beaufort, Hilton Head, and Hardeeville, SC
10 Pinckney Colony Road, #201, Bluffton SC, 29909
To apply for Veteran's Benefits, the veteran must file a claim. A veteran considering filing a claim with the VA for benefits as early as possible. The payments of benefits begins from the time the claim is filed. The first formal claim filed is considered an "original" claim.
There can only be one original claim per veteran. Any subsequent claims are considered "reopened" claims. All of the original claims are handle by one of the VAROs. The VARO is tasked with making the initial decision whether to award or deny the claim for benefits. If a claim is denied, the veteran must be provided with a written explanation as to why the claim was denied, what evidence was considered, and the veteran's rights in regards to appeal.
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