By Attorney Dan Vu

Like the Aid and Attendance benefit, the Death and Indemnity Compensation is a commonly overlooked benefit from the VA that is paid to eligible survivors of a veteran. A surviving spouse can receive at least $1,195 a month, regardless of their income or assets. Congress mandated this program to compensate the dependents of veterans who died as a result of an injury or disease that otherwise would not have occurred if they had not served. The problem is that the rules governing when a veteran has died as a result of or aggravated by a service-related injury or disease is complex.

Here is an example. The surviving spouse of a Vietnam veteran, who died as a result of prostate cancer in 2012, may be entitled to the compensation if the veteran had served on the ground in Vietnam. The veteran's prostate cancer – even though it was diagnosed long after the Vietnam War – is presumed to be connected to the veteran's service. Prostate cancer is one of several diseases and conditions that are considered side-effects of Agent Orange that was widely used to de-foliate the jungles of Vietnam. Therefore, in this example, whether the surviving spouse knows it or not, he/she is entitled to be compensated at least $1,195 a month for the rest of their life.

If you need advice on whether you are an eligible survivor, need help filing a claim or if you have filed and need to appeal, contact a VA Accredited Attorney.   

By Steve Wright

It is always interesting to me as both a student of history and a veteran to hear the stories of the honorable men and women who have served our nation in a time of war.  I have heard stories of heroism, bravery, and camaraderie that have been an enduring part of the American spirit.  These veterans speak with pride about their time in service, and we owe them a debt of gratitude for all of their many sacrifices.  

Those of us with family members who have served can repay these aging veterans by helping them plan for their future, by both preserving their legacy here, and helping them prepare for the high cost of nursing homes, assisted living facilities, or in-home care that they will likely require as they age into their later years.

By contacting an Ohio Elder law attorney, you can learn how trusts can help protect the family home and other assets, as well as help avoid the difficult effects of probate.   In addition, you can help the veteran or their surviving spouse plan pay for the high cost of a nursing home or other elder care program that can often be a source of great anxiety.  One of these plans involves a program through the Department of Veterans Affairs called Aid & Attendance. 

Aid & Attendance is a monthly pension offered through the Department of Veterans Affairs that can help defray increasingly high medical costs by reimbursing a veteran or their surviving spouse for a portion of the amount of unreimbursed medical expenses that they spend in a year.  In 2012, this program pays up to $2,019 a month for a married veteran, and up to $1,094 a month for a surviving spouse.   It is also important to point out that the Aid & Attendance pension is not based on an injury incurred as a result of service, but instead based on service during a qualifying war period.

At Cooper, Adel & Associates, we can help you met these goals of preserving your legacy and qualifying for the Aid & Attendance program.  Contact our office today to learn more about these legal tools that can help ease the stress of your aging veteran ones.  

Steve Wright

Many Americans have honorably served our nation through their military service, both in times of war and peace.  Americans honor those who served with many great institutions created by veterans, such as the American Legion, AMVETS, and Veterans of Foreign Wars that support veterans.   Each one of these organizations is actively involved in their respective communities and they help create strong bonds between our nations vets and their communities by providing social opportunities that benefit all involved.  However, the federal government created another organization, in order to care for the needs of America’s veterans. 

This organization is known as the Department of Veterans Affairs, or VA.  The VA is tasked with providing government funded programs that will provide veterans with access to home purchases, adaptive automobiles, and medical care.  As part of their mission, the VA is also tasked with providing compensation to veterans who were injured as part of their service whether in war or peace.

All that is required of an injured veteran to receive compensation is to submit an application to the VA.  However, this process can be daunting as the VA can deny your claim if the application is not filed properly. In addition, should you be denied, or have already been denied, than it is important to note that you have a right to appeal the adverse decision. So it is wise to contact someone who can help you in this process.

Contacting an Ohio elder law attorney who practices in the area of VA service-connected claims can greatly improve your chances of receiving compensation or successfully appealing an adverse decision.  However, not many attorneys in the state of Ohio know much about VA law, let alone practice in the area.  At Cooper, Adel & Associates, we have attorneys who do know about VA law and may be able to assist you.