Pension Lawyer in Jackson, MS

va disability pay

VA pension is a benefit paid to wartime veterans who have limited or no income, and who are age 65 or older, or, if under 65, who are permanently and totally disabled. Veterans who are more seriously disabled may qualify for Aid and Attendance or Housebound benefits. These are benefits that are paid in addition to the basic pension rate.

Generally, you may be eligible if: a) you were discharged from service under conditions other than dishonorable, and b) you served at least 90 days of active military service, one day of which was during a war time period. If you entered active duty after September 7, 1980, generally you must have served at least 24 months or the full period for which called or ordered to active duty (there are exceptions to this rule), and c) your countable family income is below the yearly limit set by law (the yearly limit on income is set by Congress), and d) you are age 65 or older or you are permanently and totally disabled, not due to your own willful misconduct.

Derek L. Hall, PC assists veterans in pursuing claims for military pension and other veterans disability claims. Contact our Jackson pension attorney online or call us at 601-202-2222 for a free consultation.

Countable income for veterans pension eligibility purposes includes income received by the veteran and his or her dependents, if any, from most sources. It includes earnings, disability and retirement payments, interest and dividends, and net income from farming or business.

There is a presumption that all of a child’s income is available to or for the veteran. The VA may grant an exception in hardship cases. There is no set limit on how much net worth a veteran and his or her dependents can have, but net worth cannot be excessive. The decision as to whether a claimant’s net worth is excessive depends on the facts of each individual case. VA pensions are “needs-based programs,” which are not intended to protect substantial assets or build up an estate for the benefit of heirs.

There are some exclusions which will not be offset against needs-based income such as public assistance. For instance, Supplemental Security Income is not considered income. Many other specific sources of income are not considered income.

The VA calculates pension by first totaling all countable income. Then any deductions are subtracted from that total. The remaining countable income is deducted from the appropriate annual pension limit, which is determined by the number of dependents, if any, and whether or not you are entitled to Housebound or Aid and Attendance benefits. This amount is then divided by 12 and rounded down to the nearest dollar. This gives you the amount of your monthly payment.

To find out if you have a claim for veterans military pension, contact our Jackson Pension Attorney online or call Derek L. Hall, PC toll free at 601-202-2222.