Non-Service-Connected Disabilities

VA Pension Benefits

The pension is a monthly benefit paid to veterans (or eligible surviving spouses) who have limited or no income.

A veteran cannot receive both a pension and service-related compensation simultaneously. If the veteran is eligible under both programs, the VA will pay whichever of the two benefits is the greater amount.

VA pension is a needs-based program that supplements the income of a veteran, who is unable to support themselves after becoming disabled. To be eligible for VA pension benefits, a veteran must have wartime service, low income, and a total and permanent disability. Note, however, that the veteran’s total and permanent disability need not be related or connected to his or her military service. Veterans aged 65 years or older may also qualify for VA pension benefits.

Veterans Pensions Benefits: Eligibility Requirements

Requirements for Pension Benefit:

1. Veteran must be discharged under other than dishonorable conditions.
2. An individual who enlisted in military service after September 8, 1980, is required to complete a minimum period of service, either 24 months of continuous active duty or the “full period for which [the veteran] was called or ordered to active duty.” The veteran must also have:
   • active service that includes a total of 90 days during one or more periods of war;
   • 90 or more consecutive days, 1 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.
3. The veteran must have limited income and a net worth that does not provide adequate maintenance.
4. The veteran must be totally and permanently disabled at the time of application.
5. The permanent disability cannot be due to willful misconduct.

Determining Need

The VA determines need by calculating the income and net worth of the veteran.

As of December 2009, a single veteran with no dependants would qualify for VA pension upon showing yearly income of less than $11,830 (a veteran with a dependant spouse is eligible to earn up to $15,493). The pension rates are increased if the veteran has dependants, is housebound, is in a nursing home, or who needs regular aid and attendance of another person. Medical expenses, including expenses for skilled nursing home care, may also be deducted from the veteran's income.

Note also that a veteran cannot receive VA compensation benefits and pension benefits simultaneously. In situations where a veteran is entitled to both, the VA will pay the veteran the higher of the two amounts. However, a veteran can receive VA pension and Social Security Income (SSI).

Permanently and Totally Disabled

A person is considered "permanently and totally disabled" if the person is any one of the following:

1. A patient in a nursing home for long-term care because of disability.
2. Disabled, as determined by the Commissioner of Social Security for purposes of any benefits administered by the Commissioner.
3. Unemployable as a result of disability reasonably certain to continue throughout the life of the person.
4. 4. Suffering from:
   • Any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the person; or
   • Any disease or disorder determined by the Secretary to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled.

Income Eligibility

With assessing income eligibility, the person's countable family income must be below a yearly limit set by Congress. "Countable" income includes such things as earnings, disability and retirement payments, interest and dividends, and net income from farming or business. Although there is no specific resource limit for the net value of the assets of the veteran and dependents. the VA requires that the net worth cannot be "excessive."

However, the VA will not consider public assistance, such as Supplemental Security Income ("SSI").

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Sackett and Herrera, Members
National Organization of Veterans Advocates, Inc. (NOVA)

At Sackett and Herrera, our disability attorneys are dedicated to representing U.S. veterans in seeking disability benefits for injuries sustained in or aggravated by their military service.