Military and veteran-specific legal considerations
Reviewed by a licensed elder law attorney with VA accreditation
If your parent is a veteran, their legal and financial planning involves layers that do not apply to civilian families. Military pensions, VA benefits, discharge status, TRICARE eligibility, burial rights, and survivor benefits all interact with standard estate planning documents in ways that require specialized knowledge. Missing these considerations can cost your family thousands of dollars in unclaimed benefits or create legal complications that take months to untangle.
Why Veteran Status Changes the Legal Picture
Military service creates a separate system of legal rights and financial entitlements that sits on top of everything else. Your parent's standard estate planning needs, the power of attorney, the healthcare directive, the will, all still apply. But there are additional considerations that affect how those documents should be drafted and what benefits your family should be protecting.
According to the U.S. Department of Veterans Affairs, there are approximately 16.2 million living veterans in the United States, and the VA estimates that a significant percentage of eligible veterans are not receiving benefits they have earned. The National Veterans Legal Services Program reports that one of the most common reasons is simply that families do not know what their veteran parent qualifies for or how military service interacts with estate planning.
The starting point for everything is your parent's discharge status. An honorable discharge opens the door to the full range of VA benefits: healthcare, disability compensation, pension, burial benefits, survivor benefits. A general discharge under honorable conditions may qualify for most benefits but not all. An other-than-honorable discharge or a dishonorable discharge limits or eliminates access to VA programs. Knowing your parent's discharge status is the first piece of information you need.
Military Pension and Survivor Benefits
If your parent receives a military retirement pension, that pension has specific legal characteristics that affect planning. Military pensions are considered marital property in most states, which means a surviving spouse may have legal claims on the pension depending on the divorce decree or the Survivor Benefit Plan election your parent made at retirement.
The Survivor Benefit Plan, or SBP, is a federal program that allows military retirees to ensure their spouse or other eligible survivor continues to receive a portion of the pension after the retiree dies. According to the Department of Defense, the retiree pays a premium during their lifetime, and the survivor receives up to 55 percent of the selected base amount. If your parent elected SBP coverage, that election is generally irrevocable after the initial enrollment window.
Understanding whether your parent is enrolled in SBP, what coverage level they selected, and who the beneficiary is matters for financial planning. If your parent did not elect SBP, the pension stops at death. If they did elect it, the survivor receives ongoing payments. The difference between these two outcomes can be tens of thousands of dollars over the surviving spouse's lifetime.
If your parent is divorced and was married for at least 10 years during military service, the former spouse may have a court-ordered claim on the pension under the Uniformed Services Former Spouses' Protection Act. This affects estate planning because the pension is not entirely your parent's to allocate.
VA Healthcare and Benefits
VA healthcare is available to most veterans with an honorable or general discharge, though the level of coverage depends on priority group assignment based on service-connected disabilities, income, and other factors. If your parent is eligible for VA healthcare, it is a significant resource that should be factored into their care planning.
VA disability compensation is a monthly tax-free payment for veterans with service-connected disabilities. The amount depends on the disability rating, which ranges from 0 to 100 percent. According to the VA, the average disability compensation payment in 2024 was approximately $1,900 per month, with higher ratings paying significantly more. If your parent has a disability rating, that income stream needs to be accounted for in financial planning, and if they have conditions that have worsened since their last rating, they may be entitled to an increased rating.
The VA's Aid and Attendance benefit is particularly relevant for aging veterans. This is an enhanced pension benefit available to veterans who need help with daily activities such as dressing, bathing, eating, or adjusting prosthetic devices. According to the VA, the maximum Aid and Attendance pension rate for a single veteran in 2024 was approximately $2,229 per month. Many families do not know this benefit exists, and it can substantially offset the cost of in-home care or assisted living.
If your parent was exposed to hazardous materials during service, including Agent Orange in Vietnam, burn pits in Iraq or Afghanistan, or radiation during nuclear testing, they may be eligible for presumptive service connection for certain medical conditions. The PACT Act of 2022 significantly expanded eligibility for veterans exposed to burn pits and other toxic substances. If your parent has health conditions that may be linked to military exposures, filing a VA claim is worth pursuing even decades after service.
TRICARE and Military Healthcare
If your parent retired from military service with at least 20 years of service, they are eligible for TRICARE, the military healthcare system. TRICARE for Life serves as a supplement to Medicare for retirees over 65, covering most costs that Medicare does not. If your parent is eligible for TRICARE for Life, they have one of the most comprehensive healthcare coverage packages available, which affects decisions about supplemental insurance and long-term care planning.
TRICARE has its own rules about referrals, covered services, and provider networks. If your parent has a healthcare power of attorney, the designated agent should understand how TRICARE works, because the healthcare decisions they may need to make will be governed partly by TRICARE's coverage rules and network requirements.
Burial Benefits and End-of-Life Planning
Veterans with honorable or general discharges are eligible for burial in a national or state veterans' cemetery at no cost, including the gravesite, opening and closing of the grave, a headstone or marker, and a burial flag. According to the National Cemetery Administration, the VA maintains 155 national cemeteries across the country.
If your parent prefers burial in a private cemetery, the VA provides a burial allowance that partially offsets costs. For service-connected deaths, the allowance is higher.
Document your parent's burial preferences now. Do they want a military burial with full honors? Do they want to be buried in a VA cemetery? Do they want their service branch flag? These decisions should be part of the end-of-life planning conversation and documented alongside their other legal papers.
Getting the Right Legal Help
Standard estate planning attorneys may not understand how military benefits interact with powers of attorney, wills, and trusts. An attorney who drafts a financial power of attorney without understanding the SBP or VA benefits could inadvertently create problems. An estate plan that does not account for VA pension income or disability compensation may miss important financial considerations.
The VA accredits attorneys and claims agents who are authorized to assist veterans with benefits claims. You can search the VA's Office of General Counsel database for accredited attorneys in your area. The National Academy of Elder Law Attorneys also maintains a directory of attorneys who specialize in veterans' benefits and elder law.
For benefits claims specifically, Veterans Service Organizations such as the VFW, American Legion, and Disabled American Veterans provide free claims assistance through trained representatives. These representatives can help your parent file for disability compensation, Aid and Attendance, and other benefits at no cost.
What to Do Now
Get your parent's DD Form 214 (Certificate of Release or Discharge from Active Duty). This document contains their discharge status, service dates, and service details. If you do not have it, you can request it from the National Personnel Records Center. It is the foundation for every benefits claim and legal decision related to military service.
Contact the VA to determine what benefits your parent currently receives and what they may be eligible for. The VA's toll-free number is 1-800-827-1000, and you can also use VA.gov. A Veterans Service Organization can walk you through this at no charge.
If your parent receives a military pension, contact the Defense Finance and Accounting Service to understand the pension structure and SBP election. Make sure you know what happens to the pension if your parent dies.
When you meet with an attorney for estate planning, make sure they understand your parent's military background, or bring in an attorney who does. The estate plan should account for VA benefits, pension income, SBP elections, TRICARE coverage, and burial preferences.
Document everything. Keep copies of the DD Form 214, VA correspondence, pension information, and TRICARE enrollment in the same location as your parent's other legal documents. This information will be needed both during your parent's lifetime and after their death.
Frequently Asked Questions
How do I get my parent's DD Form 214 if they cannot find it?
You can request a copy from the National Personnel Records Center (NPRC) using Standard Form 180. Next of kin can request the document if the veteran is deceased or incapacitated. The request can be submitted online at eVetRecs or by mail. Processing times vary, but typically range from a few weeks to several months.
Can a veteran with an other-than-honorable discharge get any VA benefits?
Possibly. The VA conducts character-of-discharge determinations for individuals with other-than-honorable discharges, and in some cases grants access to specific benefits, particularly healthcare for service-connected conditions. A VA-accredited attorney or Veterans Service Organization can help evaluate whether a character-of-discharge upgrade or a benefits claim is worth pursuing.
Does the VA's Aid and Attendance benefit count as income for Medicaid purposes?
This varies by state. Some states count VA pension benefits, including Aid and Attendance, as income when determining Medicaid eligibility. Others do not. Because Aid and Attendance and Medicaid interact in complicated ways, consult with an attorney who understands both programs before applying for either.
What happens to VA disability compensation when a veteran dies?
The monthly disability compensation payments stop at death. However, surviving spouses may be eligible for Dependency and Indemnity Compensation (DIC) if the veteran's death was service-connected or if the veteran was rated totally disabled for a certain period before death. The current DIC rate for a surviving spouse is approximately $1,612 per month.
Can a power of attorney agent manage VA benefits on behalf of a veteran?
The VA has its own rules about representative authority. A standard power of attorney is not automatically recognized by the VA for benefits purposes. To manage VA benefits on behalf of an incapacitated veteran, you may need to be appointed as the veteran's VA-recognized fiduciary, which is a separate process from a state-law power of attorney. A VA-accredited attorney can help with this.
Should veteran estate planning documents be different from civilian documents?
The core documents are the same: healthcare power of attorney, financial power of attorney, living will, HIPAA authorization, and will. However, the financial power of attorney should specifically reference military benefits and authorize the agent to interact with the VA and military pay systems. The will should account for military survivor benefits and pension. An attorney familiar with military benefits can draft these provisions correctly.