Honoring our Commitment to Veterans

We are pleased and proud to assist veterans and their families, especially as they face the legal and financial issues that come with aging. These are tough issues, and not every lawyer or financial advisor knows what may be available to you or your family member(s).

There are several programs that can help veterans and their families meet important planning goals and objectives as they age. In particular, a Veteran’s Administration program entitled Aid & Attendance Pension may be available to you and/or your spouse to help pay for in-home care or to help offset the cost of care received in an assisted living facility or skilled nursing home.


  • Over 25 million people are eligible for some form of Veteran’s benefits
  • WWII Veterans are dying at the rate of 1,800 per day
  • Aid & Attendance Pension benefit may aid the veteran or widow in paying for medical care at home or in facility
  • Aid & Attendance can improve their quality of life

What is Aid and Attendance?

  • Special Pension Benefit for qualifying veterans or widows of veterans
  • Special Pension Benefit to provide help with medical expenses
  • Veterans will qualify for VA drug coverage

Military Service Requirement

  • 90 days active duty
  • One day of service during “War Period”
  • General or Better Discharge

Marital Status

  • Surviving spouse must have been married to the Veteran at the time of the Veteran’s death.
  • Widow/widower must not have remarried.
  • Must have been married at least one month prior to Veteran’s death or have a child by the Veteran.

Income and Asset Restrictions

There are income and asset restrictions for those who otherwise qualify for the VA’s Aid & Attendance Pension Benefit program. Countable assets do not include ones’ house, car, term life insurance, burial policies, nominal cash value life insurance, or annuities in payout status. Please let us know if we can provide information about these and other programs which may assist veterans and their families.

If a veteran’s assets exceed the qualifying amount then please contact our office as we may be able to assist in through the execution of an irrevocable trust or other transfers that are legally allowable under the current VA guidelines.

Coordinating Benefits With Your Estate Plan

It is critically important that you coordinate not only Veterans benefits with other government benefits (including Medicaid), but that you have an elder law attorney review your entire estate plan. While numerous nonprofits and governmental organizations can help advise on benefit applications, it is important that you review your entire estate plan when disability threatens.

If you or a family member or friend would like to know more about your situation and how these or perhaps other strategies may be able to help you meet your unique planning objectives, please contact us to schedule an appointment.

VA Accredited

VA accreditation by the Department of Veterans Affairs (“VA”) enables Mary to give advice to and file benefit claims for veterans. Accreditation refers to the authority granted by the VA to those attorneys who meet the established standards. The Department of Veterans Affairs stated purpose in requiring attorney accreditation is to ensure that claimants for VA benefits receive, “…qualified assistance in preparing and presenting their claims.”

With this certification, Byrski Estate & Elder Law has the distinction of being one of small number of firms in Charlotte County with a VA Accredited attorney.

To receive accreditation, federal law requires an attorney to complete an application and continuing legal education requirements. An attorney must also establish that he or she is of good character and reputation. The privilege of accreditation carries with it the responsibility to maintain specified standards of conduct and comply with the laws that govern VA representations, as set forth in the United States Code and the Code of Federal Regulations.

The VA accreditation system is designed to ensure that lawyers who represent VA claimants have a thorough understanding of the VA health and benefit systems, so that they may provide quality assistance in the preparation, presentation and prosecution of those claims.