10175 Six Mile Cypress Parkway Suite 4, Fort Myers, Florida

Veterans Benefits

What Veterans Benefits Are Available?

Pension, Housebound, and Aid and Attendance benefits can help pay the long-term care costs of a veteran or their surviving spouse who is struggling financially. The analysis starts with determining whether a veteran or spouse is eligible for pension benefits through the Veterans Administration (VA). If so, can the veteran or spouse qualify for an increased payment by being eligible for either a Housebound or Aid and Attendance benefit?

239-208-3040

Pension

The VA provides a pension to eligible wartime veterans in need of financial help.  To receive this tax-free benefit, a wartime service requirement must be met, and the veteran or spouse must be: 

  • age 65 or older; or
  • totally and permanently disabled; or
  • a patient in a nursing home receiving skilled nursing care; or
  • receiving Social Security Disability Insurance; or 
  • receiving Supplemental Security Income. 

Housebound

A pension increase is available if an applicant is substantially confined to their immediate premises because of permanent disability.

Aid and Attendance

An increase for Aid and Attendance is available if an applicant meets one of the following conditions: 

  • requires the aid of another person to perform personal functions required in everyday living, such as bathing, feeding, dressing, attending to the wants of nature, adjusting prosthetic devices, or protecting themselves from the hazards of their daily environment; or
  • is bedridden (disability requires them to remain in bed apart from any prescribed course of convalescence or treatment); or
  • is a patient in a nursing home due to mental or physical incapacity; or
  • has eyesight limited to a corrected 5/200 visual acuity or less in both eyes; or
  • has concentric contraction of the visual field to 5 degrees or less.

What are the Wartime Service Requirements?

  • 90 days of active duty service, with at least one day during a wartime period.
  • Exception – If you entered active duty after September 7, 1980, generally the minimum service requirement is 24 months or the full period for which you were called or ordered to active duty. Again, at least one day of service must be during a wartime period.
  • Discharge must be other than dishonorable.

What are the Eligible Wartime Periods?

Under current law, the VA recognizes the following wartime periods to determine eligibility for VA Pension benefits: 

  • World War II (December 7, 1941 – December 31, 1946)
  • Korean Conflict (June 27, 1950 – January 31, 1955)
  • Vietnam War (November 1, 1955 – May 7, 1975) – for Veterans who served “in country” as of January 5, 2021
  • Vietnam Era (August 5, 1964 – May 7, 1975)
  • Gulf War (August 2, 1990 – through a future date to be set by law or Presidential Proclamation)

**Veterans must have at least 90 days of active duty, including one day during wartime period.  If the active duty occurred after September 7, 1980, the veteran must have served at least 24 months or the full period that he/she were called up (some exceptions may apply)** 

 

Documents

Wartime Veteran Benefits
View the Wartime Veteran 2025 VA Pension Benefit Figures

Surviving Spouse Benefits
View the Surviving Spouse 2025 VA Pension Benefit Figures

Our Practice Areas

Life isn’t always smooth sailing and it’s easy to feel adrift when facing aging-related issues. The firm of Britton G. Swank, P.A. is skilled at providing legal assistance to older adults and people of all ages preparing for the future.

Estate Planning

At Britton G. Swank, P.A., we devote a significant portion of our practice to estate planning. We believe in taking the time to understand each client’s unique needs and goals and tailoring estate plans and documents to provide peace of mind for the future.

Guardianship

When a loved one is unable to care for themselves and has no estate planning documents, or refuses to cooperate with the person appointed in their estate planning documents, guardianship may be necessary. We can help you determine when a guardian should be appointed to watch over that person’s financial and personal affairs.

Medicaid Planning & Asset Protection

Florida has several Medicaid programs to help individuals who reside either at home, in a nursing home, or other facility. Each person’s needs and financial situation is different. Knowing which benefits a person may be eligible for is key to trying to ensure assets are not depleted to pay for long-term care.

Nursing Home Medicaid

When a loved one requires skilled nursing home care, most families face the challenge of how to pay for that care. Long-term skilled care in a nursing home can exceed $100,000.00 per year. Britton G. Swank, P.A. can design a strategy to create financial eligibility for nursing home Medicaid, which is a significant financial resource to help pay for this type of care.

Veterans Benefits

Veterans benefits can help pay for the long-term care costs of a veteran, or their surviving spouse, who is struggling financially. Attorney Britton G. Swank can help determine who is eligible for these benefits.

Probate & Trust Administration

The law firm of Britton G. Swank, P.A. is committed to helping clients overcome issues that arise following a loved one’s death. Probate is a court process that generally occurs when a person dies with an asset in their name alone. Remember, probate can happen whether a person dies with or without a Will. We can determine whether probate is necessary and, if so, which type of probate process is the best fit. While a properly funded Trust can help avoid probate, Trustees still have important legal obligations under the Trust terms and Florida law. We provide guidance to Trustees to help them satisfy their Trust administration duties with confidence.

Client's Testimonials

We strive to be approachable and reachable and maintain communication with our clients. We value clients and works relentlessly to achieve excellent results.

“Britton Swank and her office provided excellent service, demonstrating professionalism and personal attention to all details in helping my parents with their wills/trusts and the execution of them after their sudden death. Britton’s attitude to the work, her compassion and her in-depth knowledge is impressive. Not only was she there for my parents but also for myself and my siblings during the difficult time after their passing. Requests were handled in a quick, efficient manner. The transition was spot on! We couldn’t have asked for a better attorney!”

Mary B.

Lehigh Acres, FL

“It is with great confidence that I can personally recommend Britton Swank for your estate planning needs. Her personal commitment to my family in securing my quality of life while living and the transfer of my estate to my son upon my passing has been very comforting to everyone concerned. I would highly recommend her to others as you plan for today, tomorrow, and your legacy.”

Pam A.

Fort Myers, FL

“Once I met with Britton Swank, a huge burden was lifted. She and her assistant not only walked me through the process, they were always available. I knew I was never alone and that gave me great comfort. Ms. Swank even met me at the bank on a Saturday morning when the branch manager was refusing me access to the safety deposit box even though I had all the court orders giving me full access.”

Dorothy M.

Lehigh Acres, FL