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momneedshelp Asked December 2009

If my mother is caring for my father and they are divorced, is she still eligible for compensation through his Veterans benefits?

EXPERT Ralph Robbins Dec 2009
If Dad's disability is not due to service connection he may be eligible for an improved pension benefit. There are three levels: basic pension, housebound, and aid and attendance. The greatest benefit is the last (up to $1,650 per month for a single vet).

The benefit is intended for those veterans who meet service and financial requirements. For housebound and aid and attendance there is an additional medical or disability requirement.

The benefit is paid monthly direct to the veteran or his/her fiduciary. The veteran can use the funds in any manner they see fit including professional home health care, assisted living facilities, AND TO PAY VIRTUALLY ANYONE WHO IS WILLING TO PROVIDE CARE INCLUDING A FAMILY MEMBER.

Depending on how the case is presented to the VA, your Dad may indeed be eligible for the benefit. He could then in turn make whatever arrangement he would like with your mother.

You can learn more at the VA website: http://www.vba.va.gov/bln/21/pension/vetpen.htm

momneedshelp Dec 2009
Thank you so much for your response this is all so new to me and I am trying to find out as much information as I can to help my mother who is becoming ill herself and needs some help. i do not live close and I have a special needs child at home who I cannot just up and leave for a long time.

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patrica61 Jan 2010
I wok with the Va adminstration and one of the rules is they need to be married and if at the time of the death that was in my case they were still married. I mom met all the reguirments however it took over nine months, my dad was a Honor VA Wolrd War II vet they were married until his death and she never remarried. A claim was place after all her assets were gone while in assisting living and no checks came the claim was first placed by a officer of the VA in Jan 2008 and my mom just passed waya Oct 5. 2009/ NO checks received bnecause the processed was still being worked on. You also have to have all your father VA paper work and a doctor needs to sign off and a VA officer. You can still try. patricia61

AgingCareCM Aug 2012
Under the Uniformed Services Former Spouses Protection Act (USFSPA), enacted in 1982, a state court is permitted to award a percentage of the service member's pension to the former spouse.
If they had been married for at least 10 years, then the former spouse may also apply to the federal government to receive the payments directly from the Defense Finance and Accounting Service. By the way, remarriage of the former spouse does not affect the payments.

https://www.agingcare.com/Answers/If-my-mother-is-caring-for-my-father-and-they-are-divorced-is-she-still-eligible-for-compensation-137581.htm

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