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My mom is the spouse/widow of my father, WWII Navy Vet. (4

 
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Customer Question

My mom is the spouse/widow of my father, WWII Navy Vet. (4 years)
Can she get assistance with nursing home via Veterans? If so how do we apply and
how much would her part be to pay. She completely relies on a small
social security benefit. She has no assets and hardly any savings.

 

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State/Country relating to question: California

Already Tried:
Calling some 800 #'s and a regional number...message machines

Submitted: 322 days and 9 hours ago.
Category: Military Law
Value: $30
Status: CLOSED
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Expert:  psimmons replied322 days and 9 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

She can certainly apply.

There is a "one year marriage" requirement it appears she meets.

There are two main pensions available. One is called Dependency Indemnity

Compensation (DIC) the other is referred to as a "Death Pension"

DIC is available if he was rated as disabled by the VA. A death pension does not require a rating of disability...but there are income limitations (if her income is above approx $1200/mo she will make too much money).

The good news is you can apply for both of them at the same time.

This is the form you need to complete and return to the VA to start the process:

http://www.vba.va.gov/pubs/forms/VBA-21-534-ARE.pdf

Once you file the VA will determine if you qualify for either or both of the pensions.

You will want to contact your County VSO (veterans services officer). They can assist your mother in filing for benefits.

Customer replied322 days and 9 hours ago.

Will there be a co pay or premium cost that she will have to meet?

She definitely is under 1200.

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Expert:  psimmons replied322 days and 9 hours ago.

The pension amount is $1200 (that is the maximum widows pension)

So the VA can provide up to $1200 towards her nursing home costs. The actual amount they pay depends on her income and medical expenses....but if her income is less than $1200 now, she will qualify for money from the VA.

Meet with your CVSO and they can apply for her and get the process started...it takes 8 months or more to secure the benefits, but you are paid from the month you file

Customer replied322 days and 9 hours ago.

one last question....she has never received any widow's pension from

Veteran's...Was she allowed some kind of pension after my father passed?

Accepted Answer

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Expert:  psimmons replied322 days and 9 hours ago.

She may have been eligible. But the VA can not pay her until she files. THe month she files is the month she can start to get paid.

Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 97.8 %
Accepts: 10268
Answered: 6/29/2012

Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)

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