VA Benefits Planning

The law provides for various VA Benefits including disability compensation, dependency and indemnity compensation (DIC) and Special Monthly Compensation. More information on each of those benefits is located on The VA’s website This is a summary of benefits available to eligible veterans to help pay for long-term care. In our firm, Associate Attorney Courtney L. Cox is accredited by the Department of Veterans Affairs (VA) to prepare and present claims for veterans before the VA.

Disability Compensation

is paid to a Veteran whose disabilities are the result of a disease or injury incurred or aggravated during active military service. Compensation may also be paid for post-service disabilities that are considered to be related or secondary to disabilities occurring in service. Disability Compensation is available for disabilities deemed connected to circumstances of military service, even though they may arise after service. Generally, the degrees of disability specified are also designed to compensate for the considerable loss of working time due to exacerbations or illnesses.

Dependency and Indemnity Compensation (DIC)

is a tax free monetary benefit generally payable to a surviving spouse, child, or parent of Service members who died while on active duty, active duty for training, or inactive duty training or survivors of Veterans who died from their service-connected disabilities. Disability and Indemnity Compensation for parents is an income-based benefit.

Special Monthly Compensation (SMC)

is an additional tax-free benefit that can be paid to Veterans, their spouses, surviving spouses and parents. For Veterans, Special Monthly Compensation is a higher rate of compensation paid for special circumstances such as the need for aid and attendance by another person or a specific disability, such as loss of use of one hand or leg. For spouses and surviving spouses, this benefit is commonly referred to as “aid and attendance” and is paid based on the need for aid and attendance by another person.

The aid & attendance or SMC increased monthly pension amount may be added to your monthly pension amount if you or your spouse meet one of the following conditions:

  • You require the aid of another person in order to perform personal functions required in everyday living, such as bathing, feeding, dressing, attending to the wants of nature, adjusting prosthetic devices, or protecting yourself from the hazards of your daily environment. As a general rule, the VA requires that you need assistance with at least two of these activities of daily life or need care and supervision due to severe cognitive impairment.
  • You are bedridden, in that your disability or disabilities requires that you remain in bed apart from any prescribed course of convalescence or treatment
  • You are a patient in a nursing home due to mental or physical incapacity
  • Your eyesight is limited to a corrected 5/200 visual acuity or less in both eyes; or concentric contraction of the visual field to 5 degrees or less

In addition, the Veteran must:

  • have served at least 90 days of service, with one day of that service occurring during a period of war.
  • have been other than dishonorably discharged,
  • needs medical assistance with two activities of daily living and/or needs supervision to support safety (such as with a person with dementia), and
  • meet the financial/ asset conditions.

VA benefits and the rules for qualification change often. Our team closely monitors these programs to assure families receive the most accurate and timely information in planning to pay for care. We have legal strategies to help those eligible to qualify for VA benefits and when possible, preserve assets.

Burial Benefits
Burial benefits are available to veterans whether they are cremated or not. There are special requirements to be buried in a National Cemetery. State VA Cemeteries are run by each State. In order to find out more, refer to The VA’s website for information on Cemetery Administration.