Non-Service Connected Disability Pension ("Aid and Attendance")
Overview
This is the benefit most often sought by elderly and disabled veterans or their surviving spouses. Often inaccurately referred to as “Aid and Attendance,” the correct term is either “Improved Pension” or “Non-Service-Connected Disability Pension.” Aid and Attendance is actually a Special Monthly Benefit that can be added to either Compensation or Pension if certain criteria are met. You cannot apply for Aid and Attendance separately from either of the basic disability benefit programs.
Pension is a VA benefit payable to Veterans of a period or periods of war because of non-service-connected disability or age (“Live Pension.”) It is also available to the un-remarried surviving spouse of a wartime veteran (“Death Pension.”) Pension provides an eligible wartime veteran or their unmarried surviving spouse a minimum, guaranteed monthly income, providing important criteria are met, as explained below. The veteran does not have to have seen active combat; you simply must have served a minimum time during the period and have other than a dishonorable discharge. There are two special monthly benefits that can be added to the basic Pension if additional eligibility exists: Housebound benefits and Aid and Attendance benefits. One cannot apply for Housebound or Aid and Attendance separately. However, the additional financial benefits can be added to basic Pension if eligibility exists.
The Legal Theory
The basic legal concept is that an eligible wartime Veteran who is of advanced age and is not working or is unable to hold substantially gainful employment due to disability will be granted a guaranteed monthly income. What this really means is that a claimant may be over the age of 65 and not working or under the age of 65 and physically or mentally unable to work. While there are currently three Pension programs listed in law, only the Improved Pension enacted on January 1, 1979 is available for new claimants.
Basic Issues of Entitlement
Basic Pension entitlement (eligibility) exists if a veteran:
Benefit Amounts
Click this link or see tab above for 2023 Maximum Monthly Pension Benefits.
Eligible Wartime Periods
This is the benefit most often sought by elderly and disabled veterans or their surviving spouses. Often inaccurately referred to as “Aid and Attendance,” the correct term is either “Improved Pension” or “Non-Service-Connected Disability Pension.” Aid and Attendance is actually a Special Monthly Benefit that can be added to either Compensation or Pension if certain criteria are met. You cannot apply for Aid and Attendance separately from either of the basic disability benefit programs.
Pension is a VA benefit payable to Veterans of a period or periods of war because of non-service-connected disability or age (“Live Pension.”) It is also available to the un-remarried surviving spouse of a wartime veteran (“Death Pension.”) Pension provides an eligible wartime veteran or their unmarried surviving spouse a minimum, guaranteed monthly income, providing important criteria are met, as explained below. The veteran does not have to have seen active combat; you simply must have served a minimum time during the period and have other than a dishonorable discharge. There are two special monthly benefits that can be added to the basic Pension if additional eligibility exists: Housebound benefits and Aid and Attendance benefits. One cannot apply for Housebound or Aid and Attendance separately. However, the additional financial benefits can be added to basic Pension if eligibility exists.
The Legal Theory
The basic legal concept is that an eligible wartime Veteran who is of advanced age and is not working or is unable to hold substantially gainful employment due to disability will be granted a guaranteed monthly income. What this really means is that a claimant may be over the age of 65 and not working or under the age of 65 and physically or mentally unable to work. While there are currently three Pension programs listed in law, only the Improved Pension enacted on January 1, 1979 is available for new claimants.
Basic Issues of Entitlement
Basic Pension entitlement (eligibility) exists if a veteran:
- Served in the active military, naval or air service for 90 days or more with at least one day of service being during a period of war (38 U.S.C. § 1521(j)); or
- Served at least one day during a period of war and was discharged or released from service for a service-connected disability (38 U.S.C. § 1521(j)); or
- Served for a combination of 90 days or more in two or more separate periods of service during more than one period with at least one day being during a war period (38 U.S.C. § 1521(j)); and
- Demonstrates “limited net worth” pursuant to 38 C.F.R. 3.274 and does not have an annual net income in excess of the minimum income guaranteed by VA (38 C.F.R. § 3.23); and, available assets do not exceed the brightline of $150,538 (subject to the COLA increase); and
- Is age 65 or older or is permanently and totally disabled from non-service-connected disability not due to the veteran's own willful misconduct.
Benefit Amounts
Click this link or see tab above for 2023 Maximum Monthly Pension Benefits.
Eligible Wartime Periods
- World War I April 6, 1917 – November 11, 1918
- World War II December 7, 1941 – December 31, 1946 (Merchant Marines ends August 15, 1945)
- Korean Conflict June 27, 1950 – January 31, 1955
- Vietnam Era February 28, 1961 - August 4, 1964 (in-country only)
- Vietnam Era August 5, 1964 – May 7, 1975 (all veterans)
- Gulf War Era August 2, 1990 – to be set by law or proclamation