Veterans’ Benefits & Elder Law

At Angiuli & Gentile, LLP, we recognize that honoring those who served goes beyond ceremonies—it includes helping veterans and their families access the care, financial support, and peace of mind they deserve.

As veterans age, the need for comprehensive legal and financial planning becomes critical. Whether you’re a veteran seeking Aid and Attendance benefits, a surviving spouse exploring survivor pensions, or an adult child concerned about long-term care planning for your parent, our firm is here to guide you through every step of this process.

Our dedicated team of elder law and veterans’ benefits attorneys combines deep legal knowledge with a compassionate understanding of the emotional and financial pressures that come with caregiving and aging.

What Is the VA Pension and Aid and Attendance Benefit?

Overview of the VA Pension Program

The Veterans Pension is a needs-based program provided by the U.S. Department of Veterans Affairs (VA) that offers monthly financial assistance to wartime veterans and their surviving spouses who meet certain income, asset, and medical criteria. Unlike military retirement, this pension is available to many veterans with limited income and no service-related disability.

This benefit helps cover the cost of personal care, such as:

• Help with bathing, dressing, and hygiene
• In-home caregivers
• Assisted living facility costs
• Adult day care or nursing home expenses

Aid and Attendance: A Vital Supplement

The Aid and Attendance (A&A) benefit is an additional amount that can be added to a VA pension. It’s specifically for individuals who:

• Need assistance with daily activities
• Are bedridden due to illness
• Are living in a nursing home
• Have limited eyesight

This benefit can mean the difference between affording home care versus institutionalizing a loved one—and we help you unlock that support.

Who Is Eligible for VA Pension and Aid and Attendance?

Military Service Requirements

To qualify for a VA pension:

• The veteran must have served at least 90 days of active duty, with at least one day during a wartime period.
• The discharge must be under conditions other than dishonorable.
• Longer service periods apply to veterans who enlisted after September 7, 1980.

Even if the veteran never saw combat, service during designated war times qualifies.

Financial and Medical Qualifications

The VA evaluates both net worth and medical need. Key thresholds include:

• Net worth limit: $155,356 (as of 2025), including income and countable assets (excluding your primary residence and vehicle).
• Medical need: Applicants must demonstrate the need for daily assistance due to age, illness, or disability.

Documentation must be thorough, and even small oversights can result in denials or delays. This is why professional legal support is invaluable.

The Role of an Accredited VA Attorney

What Does VA Accreditation Mean?

Not every attorney can help with VA claims. Only those accredited by the Department of Veterans Affairs can legally prepare, present, or prosecute a claim on behalf of a veteran or surviving spouse.

At Angiuli & Gentile, LLP, our elder law attorneys are fully VA-accredited. This designation ensures we have met specific training, ethical, and procedural standards to help veterans obtain the benefits they’re entitled to.

Legal Guidance That Makes the Difference

Our VA-accredited attorneys provide hands-on legal guidance in areas such as:

1. Verifying eligibility
2. Preparing and submitting applications
3. Reviewing medical and service records
4. Creating long-term strategies to preserve benefits
5. Appealing benefit denials or delays
6. Coordinating VA pensions with Medicaid or private care funding

We not only complete the paperwork—we build a complete legal plan around your goals, ensuring you avoid common pitfalls and unnecessary hardships.

Comparing Medicaid and VA Pension: Understanding Your Options

Key Differences in Benefits

Medicaid vs. VA Pension for Long-Term Care

Both Medicaid and the VA Pension with Aid and Attendance offer financial support for long-term care, but they differ in important ways.

Type of Care Covered

Medicaid primarily covers nursing home care, with limited in-home or assisted living options depending on the state.

The VA Pension can be used more flexibly for in-home care, assisted living, and some nursing facility costs, making it ideal for veterans who want to remain at home.

Financial Eligibility

Medicaid has strict, state-specific income and asset limits, often requiring a spend-down of savings.

The VA Pension has a federally set asset limit ($155,356 in 2025) and is generally more flexible, making it easier for many families to qualify.

Lookback Period

Medicaid has a 5-year lookback on asset transfers, while the VA enforces a 3-year lookback. Improper transfers in either window may delay benefits.

Eligibility Criteria

Medicaid requires proof of medical need and financial hardship.

VA Pension requires wartime service, limited income/assets, and a medical need for daily assistance.

Why Legal Guidance Matters

Coordinating Medicaid and VA benefits takes strategy. At Angiuli & Gentile, LLP, we help families plan smartly—protecting assets while ensuring access to essential care.

Strategic Planning Between Programs

Many families assume they must choose between Medicaid and VA benefits, but strategic coordination between both is often possible—and can maximize support while minimizing asset loss.

Our attorneys:

1. Analyze your financial picture
2. Help you understand which program should come first
3. Time applications and transfers to comply with lookback periods
4. Ensure that benefits don’t conflict or disqualify each other

The right plan can protect both your loved one’s care options and your family’s financial future.

Asset Protection While Applying for Veterans’ Benefits

Why Asset Protection Matters

Families often delay applying for VA pensions due to concerns about asset limits or fear of losing a home or life savings. Others mistakenly believe they must spend everything before qualifying.

In reality, proper legal planning can help you meet eligibility without sacrificing what you’ve worked a lifetime to build.

Tools and Strategies for Protection

Some of the most effective asset protection tools include:

• Veteran Asset Protection Trusts (VAPT): Irrevocable trusts that shield countable assets and reduce net worth.
• Strategic gifting (with lookback awareness): Gifting assets to trusted family members or into trusts, timed correctly to avoid penalties.
• Exempt asset planning: Properly classifying and documenting exempt resources like primary residences or vehicles.

At Angiuli & Gentile, LLP, we tailor these strategies to your unique financial picture, ensuring full legal compliance and long-term security.

Estate Planning and Legal Tools for Veterans

Beyond Benefits: Building a Legacy

A complete plan must also include your wishes for medical care, financial decision-making, and asset distribution. Without these documents, families can face confusion, stress, or even court intervention during medical emergencies or after death.

Our attorneys prepare and coordinate:

1. Powers of Attorney for financial decisions
2. Health Care Proxies and Living Wills to guide medical choices
3. Last Wills and Trusts to preserve your legacy and reduce taxes
4. Special Needs Trusts for disabled dependents
5. Guardianship designations for minor or incapacitated family members

We ensure all documents are current, compliant, and integrated with your benefit strategy.

VA Benefits for Surviving Spouses and Widows

Continuing Support After Loss

If your spouse was a wartime veteran, you may still be eligible for benefits—even if they passed away years ago. Unfortunately, many surviving spouses miss out on this support because they don’t know they qualify.

You may be eligible for:

• VA Survivor Pension
• Aid and Attendance for surviving spouses
• Burial benefits
• Dependency and Indemnity Compensation (DIC) if the death was service-related

Legal Support for Widows and Widowers

We guide surviving spouses through the entire process:

1. Reviewing marriage and service documentation
2. Filing VA Form 21-534EZ and all supporting materials
3. Identifying additional entitlements such as burial benefits or medical cost reimbursements
4. Planning for ongoing care needs and benefit transitions

How Angiuli & Gentile, LLP Helps Veterans and Their Families

Personalized Legal Advocacy

Every family’s situation is different. That’s why we provide individualized legal counsel, not cookie-cutter advice. We listen to your story, assess your loved one’s needs, and create a custom legal roadmap that protects both benefits and family assets.

Our services include:

1. Comprehensive VA pension application preparation
2. Creation of asset protection trusts
3. Medicaid and VA benefit coordination
4. Drafting and updating estate planning documents
5. Providing legal representation in VA appeals
6. Education and guidance every step of the way

Our Difference

• VA-Accredited Attorneys with in-depth experience in veterans’ law
• Elder Law Focus with over three decades of local trust
• Full-Service Planning, including legal, financial, and care coordination
• A track record of success helping Staten Island families protect their future

When you work with Angiuli & Gentile, LLP, you gain a trusted advisor, not just a legal form filler.

Begin the Application Process with Confidence

What to Expect

The application process for VA pension benefits can be time-consuming and detail-heavy. Missing documents, incorrect figures, or late disclosures can result in long delays or outright denials.

We ensure that you start strong by:

1. Gathering and reviewing required service, income, and medical records
2. Preparing documentation according to VA protocols
3. Timing the submission to comply with lookback requirements
4. Following up with the VA to track progress
5. Responding to any requests for clarification or appeals

Let us handle the paperwork, communication, and compliance—so you can focus on what matters most.

Frequently Asked Questions (FAQs)

Who qualifies for the VA pension program?

To qualify for the VA pension, a veteran must:

• Have served at least 90 days of active duty, with at least one day during a wartime period
• Be age 65 or older or permanently disabled
• Have limited income and net worth (under $155,356 as of 2025)
• Have received a discharge other than dishonorable

Surviving spouses of wartime veterans may also qualify, provided they meet marital and financial criteria. Eligibility rules can be complex, so it’s best to consult with a VA-accredited attorney to review your situation.

Can I help my parent apply for VA benefits?

Yes, adult children can help their parents apply for VA benefits. However, to legally complete and submit applications, you must have the proper authority—such as a durable power of attorney or legal guardianship—if your parent is unable to handle their own financial matters.

At Angiuli & Gentile, LLP, we can prepare these documents and ensure you have the authority you need to advocate for your parent’s care.

What happens if my VA pension application is denied?

If your application is denied, you have the right to appeal the decision. Common reasons for denial include:

• Incomplete documentation
• Missing medical or financial records
• Misinterpretation of eligibility criteria

We will review your denial, gather additional evidence if needed, and represent you during the appeal process to improve your chances of success.

What documents do I need to apply for VA benefits?

To submit a VA pension or Aid and Attendance application, you will typically need:

• DD-214 or equivalent military discharge paperwork
• Proof of income and assets
• Medical records showing the need for assistance with daily living
• Marriage and/or death certificates (for surviving spouses)
• Care provider invoices (if currently receiving care)

We help you gather and prepare all required documentation to ensure a complete, compliant application.

Can I still qualify for VA benefits if I have savings or a home?

Yes. Not all assets are countable. The VA excludes certain resources from your net worth calculation, including:

• Your primary residence
• One vehicle
• Personal items and household goods

We analyze your assets and help you structure your estate so that it meets VA requirements without jeopardizing the property you want to preserve.

Contact Angiuli & Gentile, LLP Today

Planning for long-term care or seeking benefits as a veteran or surviving spouse doesn’t have to be overwhelming. At Angiuli & Gentile, LLP, we combine expertise, compassion, and advocacy to help you make informed, confident decisions.

Contact us today to schedule a private consultation with a VA-accredited attorney.

Let us help you secure the benefits your family has earned—while protecting your legacy for generations to come.