106 - VETERANS BENEFITS

Transcription

1 106 - VETERANS BENEFITS "This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought." --from Declaration of Principles jointly adopted by Committee of American Bar Association and Committee of Publishers and Associations 2011 ELU, LLC All rights reserved. No part of these materials may be reproduced in any form, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system, without the prior written approval permission of ELU, LLC unless as allowed by federal law.

2 Upon the conclusion of this session, you should: 106 VETERANS BENEFITS Workbook Objectives: Understand the basic qualification rules for VA benefits Be able to calculate adjusted income for VA benefits purposes Be able to determine whether VA benefits asset eligibility standards have been met Understand the three levels of benefits available Understand a number of basic strategies for qualifying for VA benefits Table of Contents I. Background...2 II. Is the Person Qualified?...2 III. Adjusted Income...3 IV. SMP Benefit Levels and Income...3 A. Base Level...3 B. Housebound Level...3 C. Aid and Attendance...4 D. Caregiver Agreements Must Be Written Must Actually Pay Must Comply With Tax Requirements...5 V. Asset Rules...5 A. General Rules...5 B. Transfer Rules and Lump Sum Receipts...6 VI. Planning Issues...6 A. Trusts...6 B. Annuities...7 C. Adding Names To Accounts...7 D. Medicaid and VA Benefits...8 VII. VA Benefit Applications...8 A. Who May Prepare...8 B. Fees BENEFIT RATES...10 Important Terms...11 Homework...12 Needed Document Checklist - Veteran...16 Needed Document Checklist - Widow

3 Summary of Key Topics I. Background For years most people believed that veterans benefits were only for those who retired from the military or were injured during active duty. That belief is changing. Buried beneath layers of bureaucratic and regulatory red tape there is another important benefit that many are just now discovering. The Department of Veterans Affairs administers a variety of programs for veterans. Most people know about the VA Health System (hospitals, nursing homes, and clinics). Many are aware that the VA administers monetary programs such as educational benefits, home loan guaranties and compensation for serviceconnected injuries. But a huge number of veterans (and widows of veterans) are simply unaware of a program under the VA heading of Special Monthly Pension (or SMP). Because they don t know about SMP, or because they don t know how to access it, millions of veterans and the widows of veterans who qualify will never see a dime. This session explains the basics, will tell you whether you might qualify, and covers a number of planning strategies. If financially you do not qualify now, after the right planning you might qualify so don t give up! If physically and medically you do not qualify now, you may want to start planning now if you think you may need the help later. SMP is divided into three levels of benefits: Base Pension, Housebound, and Aid and Attendance. The dollar benefit levels increase, with Aid and Attendance being the highest level. The benefit rate for each level is attached to the workbook. As will be explained below, the level assigned depends on the physical or medical condition of the beneficiary, and whether certain income and asset tests have been met. This session explains each of those benefits and qualification tests. The threshold issue is always whether the potential beneficiary is a qualified person. II. Is the Person Qualified? First, the person must be a qualified veteran or the widow of a qualified veteran. A qualified veteran is a person who: Served at least 90 days active duty, and just 1 of those days needs to have been in a War Time Period. The War Time Periods are WWII Korean Conflict Vietnam Gulf Wars 12/7/1941 thru 12/31/1946 6/27/1950 thru 1/31/1955 8/5/1964 thru 5/7/1975 (back to - 2/28/1962 if time served in Vietnam) 8/2/1990 current Received a discharge other than dishonorable Is either disabled or over age 65 If the individual is a veteran qualified under each of the above rules, or the widow of such a veteran, the next issue is to determine if the 2

4 person s adjusted income is less than the maximum benefit amount for one of the levels. III. Adjusted Income Adjusted income is a very important concept because the benefit ultimately paid will be the difference between the maximum benefit amount and the adjusted income. The most important term to understand: ADJUSTED. Income is adjusted by certain qualified medical expenses before final benefit calculations are made. Many people do not understand this. First, determine all household income. Mom s income, Dad s income, Social Security, IRA distributions, rental income, income of any sort. Once total gross income is determined, calculate available adjustments. Medical expenses that are not paid for by an insurance company or other source can reduce total gross income. These expenses may include doctor s fees, dental fees, prescription glasses, Medicare premiums, prescription drugs, nursing home expenses, home health care including sitters, and medically needed assisted living facility costs, not to mention medically needed nursing home costs. These are qualified medical expenses. Example: Mom s and Dad s combined income is $2,000 a month. Dad has medical expenses that total $300 monthly and Mom has $1,000 monthly qualified medical expenses (including what Dad pays the sitter to spend 4 hours a day with Mom). Mom and Dad s adjusted income is $700 monthly. At this point we know that if Mom and Dad meet the asset test discussed below that they will be entitled to at least $591 Base Pension. The maximum base pension rate, as you will learn below and from the attached table, is $1,291, and $591 is simply the difference between the maximum pension rate and the adjusted income of $700. Example: A widow of a veteran has monthly gross income of $800. She has qualified medical expenses of $1,000. Her adjusted income is actually MINUS $200. As you will see from the attached table, the base pension rate for a widow is $661 monthly, and that is what she ll be entitled to. Now that you have a good understanding of the concept of adjusted income, look at what benefit level the veteran, or the widow of the veteran, might qualify for (as long as he or she qualifies under the asset rules discussed further below). IV. SMP Benefit Levels and Income A. Base Level If the veteran has qualified thus far (reread section II of this workbook if you are not sure) and his or her adjusted income is below $985 then he or she is eligible to receive the difference between his or her adjusted income and the basic SMP benefit of $985 (see the table attached to this workbook). For a veteran with one dependent (probably a spouse) the basic level is $1,291 a month. That is it! If the veteran or the widow is over age 65 or disabled and the adjusted gross income is less than the maximum base pension rate, he or she will be qualified to receive the base pension. Quite often, however, the veteran or the widow of the veteran will qualify for a higher benefit level. B. Housebound Level The housebound benefit is an add-on to the Basic Benefit. To determine if someone is qualified for this benefit, look at the physical condition of either the veteran or the widow of the veteran. In other words, if the veteran is married, look only at the veteran s physical 3

5 condition (Mom s condition does not matter). If the veteran is widowed, then of course simply look at the veteran s physical condition. If Mom is the widow of a veteran, THEN we will look at her condition. The housebound benefit applies if the veteran or widow of the veteran is unable to leave the home under her own power. In other words, if she needs the assistance of another person to get out of the home she is... well... housebound! To qualify for the housebound level of benefits, a single veteran s adjusted monthly income cannot exceed $1,204, or if the veteran has a dependent (for example, a married couple) $1,510 monthly, or if it s a widow or widower of a veteran with no dependents $808 monthly. The housebound benefit is the difference between adjusted income and the foregoing benefit levels. For example, if a veteran is housebound and his adjusted income is $1,000 a month, then the maximum he will be eligible to receive is $204 because the maximum housebound benefit is $1,204. For example, Bernice Kilroy, the widow of a WWII veteran has monthly income of $1,000. She has medical expenses of $800 monthly (including a parttime sitter) and cannot drive and has very limited mobility due to severe arthritis. Her adjusted income is $200 per month. The SMP maximum benefit with the Housebound add-on for the widow of a veteran is $808. Because Bernice s adjusted income is $200, she may be entitled to $608 monthly housebound benefit. Of course, she has to pass the asset test, which will be discussed below. If Bernice is a veteran (say she served in the Army s Women s Auxiliary Corps) she will be entitled to $1,004. Veterans are entitled to a higher housebound benefit level of $1,204, and because Bernice has adjusted income of $200, she is entitled to the difference. See the table attached to this workbook for a complete set of rates. Check your workbook for the other rates. C. Aid and Attendance The higher Aid and Attendance benefit applies if the veteran or the veteran s widow is blind. Similar to the discussion above, the condition of a living veteran s spouse is irrelevant. Another way to qualify is if the veteran or the veteran s widow is living in a nursing home, or an assisted living facility. Finally, yet another way to qualify is if the veteran or the veteran s widow has some incapacity or limited ability that requires regular assistance of someone else in order to remain safe and clean. Safe and clean means that assistance is needed by the veteran or widow from another person in order to be able to live without bringing harm to the veteran or the veteran s widow, or to be able to live hygienically. For the higher Aid and Attendance benefit calculations, the same concepts apply although the numbers are different. For a single veteran the maximum is $1,644 per month. If the veteran has a dependent (perhaps Mom and Dad at home and one of them is the veteran) the maximum benefit is $1,949. For a widow with no dependents the maximum benefit is $1,056. If a veteran or the widow of a veteran is living in an assisted living facility or nursing home, then by definition Aid and Attendance level of benefits will apply if other eligibility criteria have been met. Example: Sergeant Kilroy is a single veteran. He has income of $2,500 a month. Sergeant Kilroy is living in Shady Oaks assisted living facility, and he is paying $3,000 a month. Because the $3,000 monthly to Shady Oaks should qualify as a medical expense if Shady Oaks is medically necessary, Kilroy s adjusted income is negative $500. Accordingly he will qualify for the maximum $1,644. With the $1,644 Aid and Attendance benefit plus his income of $2,500 he has monthly income of $4,144. If he pays 4

6 $3,000 of that to Shady Oaks assisted living facility, he will be ahead by $1,144 a month. Does Sergeant Kilroy have to be in an assisted living facility? Absolutely not! If he is at home, and a physician is able to certify that Sergeant Kilroy may not remain at home safely and hygienically without the assistance of other individuals then he may qualify if his medical expenses outstrip his income. Recall that payments for a sitter are a legitimate medical expense. Kilroy could pay for a home health agency to provide sitters or, for that matter, he could pay anyone else including a family member. D. Caregiver Agreements A caregiver agreement can be a useful way to generate a qualified medical expense and provide some benefit to another family member. A number of very important points, however, must be kept in mind. 1. Must Be Written As is the case under the Medicaid rules, a caregiver agreement must be in writing. To the extent that Medicaid could be a future concern (which is often the case), the caregiver agreement should comply with applicable Medicaid rules to avoid a possible transfer sanction being imposed on payments to a family member. 2. Must Actually Pay This may seem a bit basic, but payments must actually be made. Many people believe the agreement is simply window dressing and do not pay. Upon application, payment must be demonstrated. 3. Must Comply With Tax Requirements Payments under a caregiver agreement are payments made either to an employee or an independent contractor. In either event, there are tax requirements that must be addressed. Payments made to the caregiver child constitute taxable income and must be reported by the child. While tax compliance may seem to be an annoying expense, the advantages to being able to gain access to VA benefits and transfer income are obvious. V. Asset Rules If the veteran or the veteran s widow has met all of the foregoing rules, the next step is to meet the asset rules. A. General Rules The veteran (or widow) will need to have less than sufficient means. Generally, for a married couple sufficient means is around $80,000 or more. A single person might be held to a lower standard. An older single person might be held to an even lower standard. For an older single applicant, sufficient means may be as low as $20,000. In any event, there is no clear standard for making a determination of sufficient means other than understanding that $80,000 is an absolute ceiling. Meeting the asset limits is usually easy. While there are some similarities to the Medicaid rules, there are some major differences. Like Medicaid, some assets are countable and other assets are non-countable. For example, a home place is non-countable. But the VA rules are different than the Medicaid rules in the definition of home place. The Medicaid rules provide that a home on 100 acres of real property would constitute the home place. Medicaid is not concerned with the size of the home place tract. On the other hand, the VA rules provide that the home place is the residence with a reasonable amount of 5

7 surrounding real property, perhaps 5 or 10 acres the VA applies a neighborhood standard. Similarly, an automobile and personal possessions are not countable. On the other hand, as will be discussed below, there are major differences in the VA and Medicaid treatment of trusts. Contrary to the favorable treatment accorded IRAs by many state Medicaid plans (review 105 Medicaid for Medicaid treatment of IRAs) in which an IRA may not be countable as long as minimum required distributions are being made (the distributions, of course, count as income), the VA takes a rather draconian approach. An IRA over which the veteran has access will be countable and the minimum required distributions will be income. The effects of the unfortunate general rule may be lessened, however, through the use of annuities (see discussion below). B. Transfer Rules and Lump Sum Receipts Finally, the VA rules do not currently impose transfer sanctions, although there have been persistent rumors that the VA may impose transfer sanctions of some sort in the future. Occasionally after a veteran (or a widow) has been determined eligible for benefits, she may receive a lump sum of cash or other property (perhaps an unexpected inheritance or proceeds from a life insurance policy). In such a case, the proceeds will be considered nonrecurring income. The amount will be divided by 12 and the result will be considered monthly income. Obviously, the received amount could easily result in the beneficiary having adjusted income in excess of the maximum benefit amount, thereby jeopardizing benefits. Example: Sergeant Kilroy has been approved for Aid and Attendance benefits. His sister died and left him $240,000. The VA will deem this to be an additional $20,000 monthly income for the next 12 months, and Kilroy will likely lose his benefits for the following 12 months. All is not lost, however. Because the VA currently does not impose any transfer sanction, Kilroy can retain enough to cover the lost VA benefits for 12 months and transfer the remainder to other family members or perhaps a family trust (naming family members as beneficiaries upon his death). As an alternative, Kilroy could purchase an annuity to cover the lost 12 months of VA benefits and transfer the remainder. Once in the trust, there are advantages to investing the trust in a tax deferred annuity (if structured properly no need to file tax returns). At the conclusion of the 12 months, Kilroy may reapply for VA benefits. VI. Planning Issues A. Trusts Trusts become a tricky area in the VA context. A trust that may not count at all for Medicaid purposes may indeed count for VA purposes, simply because a number of vague letter rulings issued by the VA s general counsel say that a trust is countable if any part of the trust has been allocated for the use of the veteran. Because the VA rules are unclear, there is a split of opinion among elder law attorneys across the country as to whether, for example, a veteran could establish a trust, keep an income interest only, but give up any kind of right to the principal or other assets in the trust. Some good planners say that the trust is countable and others would say that the trust is not countable. Unfortunately, the VA has not clearly weighed in on the question. Trusts can be an excellent VA planning device, however, especially if the intent is to protect real property. As discussed in 103 Trusts and 104 Tax Basics, a grantor trust can protect 6

8 an asset while preserving all sorts of favorable tax attributes. If the trust is a grantor trust and is not generating income that the grantor would have to report on his tax return, no one from the VA will argue that the trust has been allocated for the use of the vet. On the other hand, if the grantor trust is generating income, the vet will have to include the income on his tax return... even if the income is not being distributed to him. Every so often the VA matches up the tax returns with what has been told the VA by beneficiaries. If the VA sees no trust income revealed to them by the veteran (because he hasn t been getting any!), but they see income from the IRS... they will likely ask questions and perhaps even assert that someone is withholding information. Unfortunately, the VA has not weighed in on any case that involves the use of a grantor trust in which the veteran has relinquished all rights to either principal only or both principal and income. B. Annuities Annuities can be an extremely attractive VA benefits strategy because they can be used to convert countable assets into an income stream. Medicaid has specific rules that apply to annuities when determining whether they are countable or non-countable. You may wish to review the treatment of annuities under 105 Medicaid. Under the VA rules, on the other hand, an annuity that is irrevocable and contains assets over which the veteran has no access are non-countable. Something fun! Who was Kilroy? Ask anyone alive as an adult during WWII! Or do some internet research... it will be fun reading. the stream of income will be part of his gross income. As mentioned above, the VA unfortunately treats most IRAs as assets and required distributions as income. Further, if the veteran cashes in his IRA to transfer the funds to others as an approach to qualifying, he will be taxed on the deemed distribution of the IRA. One solution is to convert an IRA into a tax qualified individual retirement annuity. The distributions will be countable income, but the IRA proceeds will no longer be countable assets. In many cases (certainly not all) annuity salespeople will attempt to sell a veteran a large annuity with the intent of making assets noncountable. As mentioned above, however, the annuity will provide the veteran with a hefty income stream that will create more difficulties in attempting to adjust the income downward to provide a maximum VA Aid and Attendance benefit. Further, the other issue to be careful of with annuities is that quite often the people selling annuities to veterans are not familiar with the Medicaid rules and the veteran may buy an annuity that could cause Medicaid difficulties. The salesperson may even offer to do everything for free. Be watchful for someone simply trying to sell an annuity. Annuities have legitimate uses... make sure the strategy proposed is sound. The services of an elder law attorney (who is not trying to sell an annuity) would be beneficial in such a case. C. Adding Names To Accounts In other words, if a veteran irrevocably invests $100,000 in an annuity over which he retains no authority but which pays him an income stream, the funds invested in the annuity will be non-countable for VA asset purposes, but An extremely simple way to reduce benefits for VA purposes, especially if time is of the essence, is to simply add names to an account. This is yet another area in which the 7

9 VA rules take a giant departure from the Medicaid rules. For example, Kilroy has $100,000 in his bank account. He has three children. If he adds the children s names to the account, there will be four account owners. Accordingly, under the VA rules, Kilroy will be charged with owning $25,000 only. Adding children s names to an account can be dangerous. In Kilroy s case, the children own the account with him, and each child (under state law) likely has the right to go to the bank and clean out the account. Further, children can be sued, can divorce, or can develop drug and alcohol habits... a lot could happen to the funds. D. Medicaid and VA Benefits In VA benefits planning concerns involving qualifying for Medicaid in the future are not unusual. For example, as part of a VA benefits planning strategy Mom might transfer assets into a trust or perhaps to the children. Later, when Mom moves into a nursing home she may need to qualify for Medicaid if her income and VA benefits are insufficient to pay the nursing home bill. The problem is that Mom has a Medicaid transfer sanction as a result of the transfer to the children or the trust. If properly structured, those transfers can be undone in order to erase the Medicaid transfer sanction. That is one advantage to using a trust as opposed to direct transfers to children... the assets remain safe and accessible to family members who may need to take a distribution and return the assets to Mom. Also, if the veteran purchases an annuity in order to qualify for VA benefits, any competent advisor will insure the annuity is either cancellable or can be converted to a Medicaid compliant annuity... or the advisor will otherwise consider the effects of the annuity on Medicaid planning and devise a strategy to address that when and if the need arises. Once an individual qualifies for Medicaid, VA will reduce benefits to $90 monthly. On the other hand, the veteran will gain what could be the much more valuable Medicaid benefits. Again, it is important for a veteran or the widow of a veteran to have access to some advisor, preferably a qualified elder law attorney, who understands both Medicaid and VA benefits. VII. VA Benefit Applications A properly completed application must be submitted to the VA to secure benefits. The applications are not easy to complete and must be prepared to exacting standards. For example certain documents must be attached, and some of those must be originals or properly certified copies. Further, VA Regional Offices experience varying degrees of turn around time. Some offices are hopelessly backed up; others are able to process applications quickly. A. Who May Prepare There is much misinformation about who may prepare, or assist in the preparation of, an application for VA benefits. First, the applicant herself may prepare the application. Also an agent under a power of attorney (usually a family member) may prepare a single application (in other words, an individual may not secure multiple powers of attorney and begin preparing applications for multiple applicants). Veterans benefits counselors, veterans service organizations (American Legion, Veterans of Foreign Wars, Disabled American Veterans), and agents accredited by the VA may assist or prepare an application. Finally, attorneys accredited by the VA may complete an application. If you are working with anyone on a VA benefits application, insure the person is accredited. If the person is not accredited, do 8

10 not work with her. The VA maintains a searchable, online listing of accredited agents. 1 B. Fees Finally, no one may charge a fee for assistance in the preparation of an application for VA benefits. On the other hand, an attorney may charge fees associated with other work that may be undertaken concurrently with the preparation of an application for benefits. By this point in this session, it should be evident that preparation of estate planning documentation, and advice concerning Medicaid and other legal matters are often appropriate for the individual who is also attempting to secure VA benefits. Brian P. Schaefer, JD Workbook Authors Robert A. Mason, JD, CELA Kristin R. Cerbone, JD 1 9

11 IMPROVED PENSION/SPECIAL MONTHLY PENSION 2011 BENEFIT RATES ANNUAL MAXIMUM RATE MONTHLY RATE BASIC PENSION Veteran, no dependents $11,830 $985 Veteran, one dependent $15,493 $1,291 Widow, no dependent $7,933 $661 HOUSEBOUND Veteran, no dependents $14,457 $1,204 Veteran, one dependent $18,120 $1,510 Widow, no dependent $9,696 $808 AID & ATTENDANCE Veteran, no dependents $19,736 $1,644 Veteran, one dependent $23,396 $1,949 Widow, no dependent $12,681 $1,056 10

12 Important Terms Adjusted Income In the context of VA benefits, gross family income minus qualified medical expenses. Aid and Attendance Benefits The highest level of benefit available under the VA Special Monthly Pension. Base (or Basic) Pension The lowest level of benefit available under the VA Special Monthly Pension. Housebound Benefits An intermediate level of benefit available under the VA Special Monthly Pension. Qualified Medical Expenses In the context of VA benefits, Medical expenses that may be used to lower gross income. Special Monthly Pension (SMP) A VA benefit program available to qualifying veterans and widows/ers of veterans. VA The United States Department of Veterans Affairs. War Time Period Certain periods of time defined by the VA and during which a veteran must have served to qualify for SMP. 11

13 Homework I. Basic Qualification Issues Is the person applying for benefits a veteran or the widow 2 of a veteran? Yes No Did the veteran serve at least 90 days active duty? Yes No Was at least ONE day of those 90 days served during a War Time Period? Yes No Is the veteran or the veteran s widow either disabled or age 65 or older? Yes No So far, so good! II. Physical Conditions Determining Benefit Levels A. Is the applicant fully functional, and not in need of any assistance leaving her residence or attending to her needs in a safe and hygienic manner? Yes No If Yes move to the following sections to determine if the applicant is qualified for Base Pension benefits. B. Is the applicant in need of assistance leaving her residence, but otherwise able to function effectively within the residence? Yes No If Yes move to the following sections to determine if applicant is qualified for Housebound benefits. C. Is the applicant in need of 24 hour assistance of another in order to meet her daily needs in a safe and hygienic manner? Yes No If Yes move to the following sections to determine if applicant is qualified for Aid and Attendance benefits. 2 Or widower. We use the term widow in a generic sense. 12

14 III. Income Evaluation A. List Gross (Total) Income for the family (Veteran and spouse, if married) from all sources. Use MONTHLY figures. Source Amount TOTAL: B. List Qualified Medical Expenses for the family. Use MONTHLY figures. 3 Expense Amount Drugs Medical Supplies Sitters/Caregivers Assisted Living or Nursing Home Health Ins. Premiums Medical Supplies Unreimbursed medical Other Other TOTAL: 3 Divide one time or annual figures by 12 to arrive at a monthly figure. 13

15 C. Adjusted Income: SUBTRACT Total Medical Expenses from B, above, from Total Gross Income from A, above, and enter here: $ D. Income qualified? If you checked Yes for II.A., above, SUBTRACT Adjusted Income from the Basic Monthly Rate shown in the Improved Pension/Special Monthly Pension table in this workbook and enter here: $ Note: This amount may not be greater than the pension rate. 4 This amount is the potential benefit available if the asset tests in Section IV, below, are met. If you checked Yes for II.B., above, SUBTRACT Adjusted Income from the Housebound Monthly Rate shown in the Improved Pension/Special Monthly Pension table in this workbook and enter here: $ Note: This amount may not be greater than the pension rate. This amount is the potential benefit available if the asset tests in Section IV, below, are met. If you checked Yes for II.C., above, SUBTRACT Adjusted Income from the Aid and Attendance Rate shown in the Improved Pension/Special Monthly Pension table in this workbook and enter here: $ Note: This amount may not be greater than the pension rate. This amount is the potential benefit available if the asset tests in Section IV, below, are met. Note: If Adjusted Income is too high, are any income reduction strategies discussed in this session possible? 4 For example, if a veteran with no dependents has adjusted income of MINUS $100 (because his Qualified Medical Expenses are so high) he will nevertheless be limited to a benefit of $

16 IV. ASSET TESTS A. List all assets and associated values OTHER than the residence, surrounding land, 5 an auto, personal possessions, and irrevocable annuities here: Item Value TOTAL: Review discussion at Section V of this Workbook (at page 5) to determine whether asset tests have been met. If assets levels are too high, do any reduction strategies make sense? Give assets away? Add other names to an account? Transfer to a trust? Convert to noncountable assets (home improvements? annuity?) V. FINALLY, is Medicaid even a remote concern? If so, please carefully go through 105 Medicaid and 107 Putting It Together: Strategies. 5 Surrounding land should be limited to a reasonable amount based on what is usual in the neighborhood. Enter the value of excess land on the chart. 15

17 SPECIAL MONTHLY PENSION DOCUMENTARY NEEDS LIST (FOR A VETERAN NOT FOR A WIDOW) In order to expedite completing an application for VA benefits, you should gather COPIES (unless otherwise noted) of the following documents: Discharge or Separation Papers (DD-214) for All Active Duty, Reserve Service and National Guard Service originals are required unless you can get a certified copy acceptable to the VA. Copy of Marriage License (if married). Copies of all Divorce Papers and/or Death Certificates from Previous Marriages (for Both Veteran and Current Spouse). Names, Dates and Places of All Marriages/End of Marriages of Veteran and Current Spouse. Copies of Birth Certificates or Adoption Papers for All Dependent Children. Social Security Numbers and Birthdates for Living Spouse and Any Dependent Children. Veteran s Place of Birth (City and State). If Veteran was a Prisoner of War, the dates and place of confinement. Name, address and phone number of assisted living facility, as well as the name of the facility s administrator. Copy of current Social Security Award Letter. Net worth information, including statements on all bank accounts, CDs, Trusts, Stocks, Bonds, Annuities, etc. Life insurance information, including cash value of all policies. Proof of all income from pensions, retirement, interest income from investments, annuities, etc. Certified copy of court order of appointment if you are a court-appointed guardian of the veteran or surviving spouse. Proof of insurance premiums, medications, medical bills or any other medical expenses that are not reimbursed by insurance, Medicare, or Medicaid. Printout from pharmacy showing the last six month s of out-of-pocket prescription costs for Veteran and his/her dependents. Form VA (ATTACHED TO THIS WORKBOOK) completed by physician that includes current diagnosis, medical status, prognosis, name and address, ability to care for self, ability to travel unattended, etc. (this form is attached). Name, address and phone number of physician completing Form VA as well as the date Veteran was first seen by this physician. Banking information for Direct Deposit of monthly VA benefits (include a voided check). If Veteran was hospitalized within the last 60 days, the dates of hospitalization as well as the name and address of the hospital. 16

18 SPECIAL MONTHLY PENSION DOCUMENTARY NEEDS LIST (FOR A WIDOW NOT FOR A VETERAN) In order to expedite completing an application for VA benefits, you should gather COPIES (unless otherwise noted) of the following documents: Veteran s Discharge or Separation Papers (DD-214) for All Active Duty, Reserve Service and National Guard Service originals are required unless you can get a certified copy acceptable to the VA. Copy of Marriage License to Veteran. Copy of Veteran s Death Certificate. Copies of all Divorce Papers and/or Death Certificates from Previous Marriages (for Both Veteran and Widowed Spouse). Names, Dates and Places of All Marriages/End of Marriages of Veteran and Widowed Spouse. Copies of Birth Certificates or Adoption Papers for All Dependent Children. Social Security Numbers and Birthdates for Veteran, Widowed Spouse and Any Dependent Children. Name, address and phone number of widowed spouse s assisted living facility, as well as the name of the facility s administrator. Copy of current Social Security Award Letter. Net worth information, including statements on all bank accounts, CDs, Trusts, Stocks, Bonds, Annuities, etc. Life insurance information, including cash value of all policies. Proof of all income from pensions, retirement, interest income from investments, annuities, etc. Certified copy of court order of appointment if you are a court-appointed guardian of the widowed spouse. Proof of insurance premiums, medications, medical bills or any other medical expenses that are not reimbursed by insurance, Medicare, or Medicaid. Printout from pharmacy showing the last six month s of out-of-pocket prescription costs for widowed spouse and his/her dependents. Form VA (ATTACHED TO THIS WORKBOOK) completed by physician that includes current diagnosis, medical status, prognosis, name and address, ability to care for self, ability to travel unattended, etc. (this form is attached). Name, address and phone number of physician completing Form VA as well as the date widowed spouse was first seen by this physician. Banking information for Direct Deposit of monthly VA benefits (include a voided check). 17

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