NEW YORK ELDER LAW AND VETERAN'S BENEFITS ATTORNEYS

VETERAN'S BENEFITS

New York Elder Law and veteran's benefits attorneys

Cona Elder Law is committed to helping Veterans and their families on Long Island. As a means of giving back and expressing our thanks to our Veterans, Cona Elder Law provides pro bono services to Veterans and sponsors a number of programs to honor Veterans throughout the year.

The attorneys at Cona Elder Law are among the few attorneys on Long Island to be accredited by the Department of Veterans Affairs for the preparation, presentation and prosecution of claims for Veterans benefits. To date, we have helped over 500 Veterans and their spouses/widows obtain important benefits, including pension benefits, disability benefits, low-income benefits and Aid and Attendance benefits, as well as benefits for surviving spouses.

How Can a Veteran Benefits Attorney Help You? 

You’ve served your country and you have a right to receive benefits to which you are entitled. If only it were that easy. With the various programs and benefits available, each with differing eligibility requirements, it is commonplace for claims to be denied – from missing paperwork to failure to prove medical need or qualifying income level. You need the experienced and knowledgeable Veterans benefits advocates at our elder law firm on Long Island to navigate the system on your behalf and get you the benefits you deserve. 

How to qualify for veteran benefits in new york

There are a number of different veterans benefits, each with their own qualifications. In addition to income and need requirements, veterans must have had 90 days of military service, 1 day of which must have been during a period of war. Even if the veteran never left the United States, he or she may still qualify. Spouses and surviving spouses of veterans may also qualify for benefits.

Veterans and spouses need to prove financial eligibility, active duty, honorable discharge, clinical needs and more. The process can be complicated and daunting and time is often of the essence. When it comes to qualifying for VA benefits, hundreds of veterans and their surviving spouses have turned to Cona Elder Law for our expertise in navigating this process for and with you. 





Veteran's BEnefits and Medicaid Eligibility

Both VA benefits and Medicaid can be used to help cover the costs of long-term care but how the two programs work is confusing and difficult to navigate.

As a general rule, it is best to apply for Medicaid benefits to cover the costs of long-term care in a nursing home and/or home care and apply for veterans benefits to help cover the costs of care in an assisted living facility. Veterans and their families must be careful of the transfer penalties and Medicaid consequences of planning for VA pension benefits.  The penalty period incurred based upon a transfer of assets for Medicaid nursing home benefits and home care benefits is entirely different than the penalty period incurred based on a transfer of assets to qualify for veterans benefits. Because the rules are complex and the laws frequently change, it is imperative that you work with knowledgeable and experienced elder law and veteran’s advocates like the attorneys at Cona Elder Law.


Programs and Payments Available Through Veterans Benefits

There are many programs and payments available for veterans such as...

Service Connected Benefits 

Veterans who served may be entitled to compensation as a result of a service-connected disability.  Compensation is paid to a service member for an injury or disease that occurred during service or which is service-connected.   The amount of the compensation is based on the veteran’s disability rating. Disability compensation is paid as a monthly benefit, is not taxable income and there is no asset or income limitation.

Aid and Attendance Pension Benefit Requirements and Income Limits

The Aid and Attendance program is a needs-based pension program.  Aid and Attendance benefits provide a pension benefit for veterans who need assistance with the activities of daily living, such as bathing, feeding and dressing.

A veteran, his/her spouse or a surviving spouse of a veteran can qualify for Aid and Attendance benefits if they reside in an assisted living facility, nursing home, or if they are living at home and require the assistance of another individual, such as a home health aide.

The 2021 Aid and Attendance Pension benefits are as follows:

  • Single Veteran: $1,936/month
  • Married Veteran: $2,295/month
  • Surviving Spouse: $1,244/month
Non-Service Connected Pension Benefits

The Veterans Administration also has a needs-based pension program based on financial need.  The pension amount varies depending on the veteran’s other income. The pension is a monthly benefit, is not taxable and is available to veterans and their surviving spouses.

Pension Benefits Available for a Surviving Spouse

Surviving spouses of a veteran may also be entitled to a VA Survivors Pension payable to low-income spouses. To qualify, the veteran must have had 90 days of active military service, 1 day of which must have been during a period of war. In addition, the surviving spouse cannot have remarried after the veteran’s death. Note that there are annual income and net worth limits and the tax-free benefits are paid monthly.

Contact Our Expert Veteran Benefits Attorneys

Cona Elder law is the recognized leader in the field of Elder Law, Estate Planning, and Veterans Benefits Advocacy. Our award-winning firm has been continually ranked the #1 Elder Law firm on Long Island. We have assisted over 500 veterans and their spouses pro bono in securing VA Aid and Attendance pension benefits to help off-set the costs of long term care in assisted living facilities, home care and nursing homes. It’s our way of giving back and expressing our gratitude to our veterans.

We help veterans and spouses navigate this complicated government benefits system so that you and/or a surviving spouse can receive the maximum benefits to which you are entitled. Contact Cona Elder Law, Long Island veteran’s benefits attorney, at 631.619.2533 or elder@conalaw.com to learn more.

New York Veterans Benefits FAQs

Applying for Veterans benefits is complicated and complex, with many different types of benefits, documentation requirements and asset and income limits. In this highly specialized area of law, it is imperative that you work with an experienced and knowledgeable veterans advocate team like the attorneys at Cona Elder Law.

How Long Does a Veteran Have to Serve to be Eligible for Benefits?

To qualify for Aid and Attendance pension benefits, a veteran must have had 90 days in service, 1 day of which must have been during a period of war. Even if the veteran never left the United States, he or she may still qualify as long as he meets these service requirements.  In addition, the veteran must have been discharged under conditions other than dishonorable

How Can I Apply for Veterans Benefits in New York?

How and where a veteran applies for benefits depends on the type of benefits for which the veteran or spouse is applying. In some cases, you may apply by mail, on-line, or in person. Claims are routinely rejected for lack of documentation, incomplete or inaccurate forms, along with a host of other reasons. As such, you should never go at it alone. Count on the experienced veterans advocates at Cona Elder Law to prepare and submit your claim for you so your claim gets approved quickly and easily on the first submission.

Can a Veteran Lose Their Benefits? 

A veteran can lose his or her benefits if he is no longer disabled, if it is discovered that he made fraudulent statements or claims in order to secure benefits, if he accepts benefits to which he is not entitled with the intent to defraud the government, or if he is convicted of a felony.

Date: 

Wednesday, November 11, 2015 - 10:30am to 11:30am

Brandywine Senior Living

Veterans Benefits

November 11, 2015

10:30 am to 11:30 am 

Bayside Senior Center

221-15 Horace Harding Boulevard

Bayside, New York


Melissa Negrin-Wiener, Esq. and Brandywine Senior Living will present on the Aid and Attendance benefit, available through the Department of Veterans Affairs.

To RSVP, contact Rona Siaca at Brandywine Senior Living 718.423.7900