Swain Law Firm
Elder Law, Veteran Pension Planning, Estate Planning
Dedicated to assisting Veterans, Elders, and their families for over 30 years

VA Rules:

The Veteran must have served during these war times with at least (1) day during the listed war periods and (90) days of consecutive service.


The Veteran must have a general or better discharge.  Dishonorable discharges do not qualify for pension.

Reserve time does not qualify for pension unless the reservist was activated to active service for a period of 90 days or more during one of the qualified war periods.


Training during Reserves does not count.


If a widow remarries after the death of her qualified Veteran husband, she is no longer qualified for pension under that husband.  Her new husband must qualify under the described qualification periods and have a general or better discharge.  She must be married to this veteran at least one year before his death in order to qualify as a surviving spouse.


If there is a divorce, the wife no longer qualifies for the VA Pension, regardless of how long she might have been married to the qualified Veteran.


There are asset considerations for VA Pension qualification.   A Veteran couple must have less than $80K in their direct name (excluding the home they live in) to qualify for the Pension.


A single Veteran or widow must have less than $40K in their direct name to qualify.


What to expect:
You will be asked a series of questions relative to the VA qualification periods as they relate to your monthly income, monthly medical expenses, health and assets.  By providing this information it can be quickly determined if you are a candidate to obtain the VA Pension.
Concerns:
Many people feel they have too many assets to qualify for pension; in reality that is rarely the case.  As a VA accredited attorney, Jim Swain can guide you through the process.