PENSION

BENEFITS

WHAT VETERANS AND THEIR FAMILIES SHOULD KNOW WHEN 

APPLYING FOR DEPARTMENT OF VETERANS AFFAIRS (VA) 

PENSION BENEFITS

VA’s pension program provides monthly benefit payments to certain wartime Veterans with financial 

need, and their survivors. As Veterans and survivors consider applying for these benefits, VA would 

like to share important information about the pension program and organizations offering assistance 

with pension applications.

WHAT ARE PENSION BENEFITS?

• Pension is a needs-based benefit paid to a wartime Veteran and his/her survivor(s). A 

Veteran may generally be eligible if he/she:

o was discharged from service under other than dishonorable conditions, AND

o served 90 days or more of active military, naval or air service with at least 1 day during

a period of war*, AND

o his/her countable income is below the maximum annual pension rate, AND

o meets the net worth limitations, AND

o is age 65 or older, OR is shown by evidence to have a permanent and total non-serviceconnected disability, OR is a patient in a nursing home, OR is receiving Social Security

disability benefits.

*Veterans who entered active duty after September 7, 1980, must also have served at least 

24 months of active duty service. If the total length of service is less than 24 months, the 

Veteran must have completed his/her entire tour of active duty.

• Aid and Attendance (A&A) is an increased monthly pension amount paid to a Veteran or 

surviving spouse. You may be eligible for the increased A&A amount if:

o You are eligible for basic pension benefits

AND

o You require the aid of another person in order to perform activities of daily living, 

such as bathing, feeding, dressing, toileting, adjusting prosthetic devices, or

protecting yourself from the hazards of your daily environment, OR

o You are bedridden, in that your disability or disabilities require that you remain in

bed apart from any prescribed course of convalescence or treatment, OR

DisabilitiesdeterminedbyVAtoberelatedtoyourmilitaryservicecanleadtomonthlynon-taxablecompensation,enrollmentinthe 

VAhealthcaresystem,a10-pointhiringpreferenceforfederalemploymentandotherimportantbenefits.AskyourVA 

representativeorVeteransServiceOrganizationrepresentativeaboutDisabilityCompensation,Pension,HealthCare,Caregiver 

Program,CareerServices,EducationalAssistance,HomeLoanGuaranty,Insuranceand/orDependentsandSurvivors’Benefits.
Contact us: www.va.gov 1-800-827-1000

o You are a patient in a nursing home due to mental or physical incapacity, OR

o You have corrected visual acuity of 5/200 or less, in both eyes, or concentric contraction

of the visual field to 5 degrees or less.

• Housebound is an increased monthly pension amount paid to a Veteran or surviving 

spouse who is substantially confined to his or her home because of permanent disability. You 

may be eligible if:

o You are eligible for basic pension benefits AND

o You have a single permanent disability evaluated as 100-percent disabling AND, due to

a disability or disabilities, you are permanently and substantially confined to your

immediate premises, OR

o You have a single permanent disability evaluated as 100-percent disabling AND 

another disability or disabilities, independently evaluated as 60-percent or more 

disabling.

What do I need to know about the organizations that are offering assistance with claims

for pension benefits?

• The U.S. Senate Special Committee on Aging (Committee) found that some

organizations are misrepresenting themselves while helping Veterans and survivors apply for

VA pension.

o In a June 2012 hearing, the Committee addressed concerns that some organizations are

marketing financial products and services to enable claimants whose assets exceed the

VA pension program’s financial eligibility thresholds to qualify for VA pension benefits.

o The Committee also learned these organizations may charge substantial fees for 

products and services that may not always be in claimants’ best long-term interests.

o You can access a video of the hearing on the Committee’s website.

• The U.S. Government Accountability Office (GAO) published a report, Veterans’ 

Pension Benefits: Improvements Needed to Ensure Only Qualified Veterans and Survivors 

Receive Benefits, GAO-12-540. GAO found that:

o There are over 200 organizations that market financial and estate-planning services to 

help pension claimants with excess assets meet financial eligibility requirements for 

pension benefits.

o These organizations consist primarily of financial planners and attorneys who

offer products such as annuities and trusts.

o Some products and services provided, such as annuities, may not be suitable for elderly 

Veterans because they may not have access to all their funds for their care within their 

expected lifetime without facing high withdrawal fees.

o These products and services may result in ineligibility for Medicaid for a period of time.

o Some organizations charged fees, ranging from a few hundred dollars for benefits

counseling to $10,000 for establishment of a trust.
Contact us: www.va.gov 1-800-827-1000

Who can help me file a claim for VA pension, including pension at the aid and 

attendance or housebound rates?

• An individual generally must first be accredited by VA to assist a claimant in the preparation, 

presentation, and prosecution of a claim for VA benefits—even without charge. VA accredits 

three types of individuals for this purpose:

o Representatives of VA-recognized Veterans service organizations

o Independent claims agents

o Private Attorneys

• A searchable list of accredited representatives, agents, and attorneys is available at the VA 

Office of the General Counsel website: 

http://www.va.gov/ogc/apps/accreditation/index.asp

• VA accreditation, which is for the sole and limited purpose of preparing, presenting, and 

prosecuting claims before VA, is necessary to ensure that claimants for VA benefits have 

responsible, qualified representation.

• VA regulations allow a one-time exception to this general rule, which allows VA to authorize a 

person to prepare, present, and prosecute one claim without accreditation. The assistance 

must be without cost to the claimant, is subject to the laws governing representation, and may 

not be used to evade the accreditation requirements.

• Preparation and presentation of a VA claim includes, among other things, gathering the 

information necessary to file a claim for benefits, completing claim applications, 

submitting claim information to VA, and communicating with VA on behalf of a claimant.

• A VA-accredited attorney or claims agent, who is also a financial planner, may assist a 

claimant with a claim for A&A. However, financial planners may not use their VA

accreditation for the purpose of promoting or selling financial products.

• If VA determines that an accredited attorney or agent is using VA accreditation for an

improper purpose, VA may suspend or cancel the individual’s accreditation.

Can an accredited attorney or claims agent, who is also a financial planner, charge a

fee for preparing a claim for A&A?

• No. An accredited attorney or claims agent may generally charge claimants a fee only after an 

agency of original jurisdiction (e.g., a VA regional office) has issued a decision on a claim, a 

notice of disagreement has been filed, and the attorney or agent has filed a power of attorney 

and a fee agreement with VA.

• An exception applies when an accredited attorney or claims agent receives a fee or salary 

from a disinterested third party. A third party is considered disinterested only if the entity

or individual would not benefit financially from the successful outcome of the claim.
Contact us: www.va.gov 1-800-827-1000

• We note that some individuals charge a pre-filing “consultation” fee to inform a Veteran or 

survivor about VA benefits that may be available to them. In certain states, a license to 

practice law may be required to provide and charge a fee for such “consultations,” which may 

be considered giving legal advice.

• Such “consultation” fees are unlawful if they are charged after a Veteran or survivor becomes a 

VA claimant by expressing to the attorney or agent an intent to file a claim for VA benefits.

• A “consultation” fee may not be tied to the outcome of a claim filed with VA if the attorney or 

agent provides any claims assistance–that is, an attorney or agent cannot agree to refund the 

fee if, after the attorney or agent assists with a VA claim, VA ultimately denies the claim. Such 

a fee would amount to an unlawful contingency fee or advance payment for assistance with an 

application for VA benefits.

• VA-recognized Veterans service organizations, including their accredited representatives, are 

not permitted to receive fees for their services in connection with a VA claim in any instance.

• If VA determines that an accredited attorney or agent is improperly charging a fee for 

preparing, presenting, or prosecuting a claim prior to the filing of a notice of disagreement,

VA may suspend or cancel the individual’s accreditation.

Is it permissible to offer a guarantee that a claimant will be awarded A&A or that the 

processing of a claim will be expedited?

• No. Such promises are patently misleading because VA is ultimately the adjudicator of claims 

for VA benefits.

• If VA determines that an accredited attorney or agent has misled or deceived a claimant 

regarding benefits or other rights under programs administered by VA, VA may suspend or 

cancel the individual’s accreditation.

For More Information, Call Toll-Free 1-800-827-1000 or Visit Our Web Site at http://www.va.gov