Common Pitfalls

The date you file your application for VA Pension benefits from the U.S. Department of Veterans Affairs sets the potential effective date of your claim (your benefits might be paid back to that date), so it's important not to wait too long to apply. A later effective date could mean you miss out on benefits that are due to you. Applying immediately is the best option and helps you get your earliest possible effective date.

However, it's also important to provide accurate details and documentation to support your claim. If you apply through the optional Fully Developed Claims program, it's faster than the standard claims process but you must submit all your evidence when you apply. If you need more time to gather the information and documents, you can notify the VA of your Intent to File. The date you submit an Intent to File becomes the potential effective date of your claim, and you have up to a year to submit your complete VA Pension application.

An accredited claims representative can help you decide the best way to apply, including whether to notify the VA of your intent to file.

You can file your VA Pension claim with the Department of Veterans Affairs (VA) on your own, but it's a complicated process. Even if your application is approved, you still need to figure out if you have been given everything you should be getting.

It is best to get help. The VA authorizes three types of accredited representatives to help with the application process:

• Accredited Service Officers (who do not charge for their services) from VA-recognized veterans service organizations
• Accredited Claims Agents (non-attorneys who may charge for some services), and
• Accredited Attorneys (who usually charge fees).

You can search the Department of Veterans Affairs (VA) website for accredited representatives, claims agents, and attorneys. You can also ask other veterans in your area if they know a good accredited service officer, claims agent, or attorney. (A family member, friend, or other person can help you apply, but anyone who is not accredited as a representative by the VA cannot charge a fee for helping with your claim.)

When you apply for a VA Pension, the VA looks at any assets you sold or gave away (transferring ownership in any way) in the three years before you applied. This is called the 3-year Look-Back. If in those three years you sold or gave away any of your assets (like a house, car, stocks, or other property) for less than what it was worth (its fair market value) and the value of those assets would have caused you to go over the Net Worth Limit, then there may be a penalty period (for up to five years) where you can't get VA Pension benefits. However, if those assets would not have put you over the Net Worth Limit, they do not violate the Look-Back rule and there is no penalty period.