Veterans Disability Benefits Lawyer Serving Greater Naples and Southwest Florida

At Burzynski Elder Law, we believe that our nation’s veterans deserve not only gratitude but also meaningful support—especially in retirement or when long-term care becomes a reality. If you or your loved one served in the U.S. Armed Forces and now reside in Naples, Marco Island, Bonita Springs, Fort Myers, or surrounding areas, you may be eligible for valuable Veterans Administration (VA) benefits that can help cover the cost of medical care, assisted living, or nursing home expenses.

Our firm specializes in elder law and life care planning and is proud to assist qualifying veterans and their families in navigating the complex VA system. Whether you’re seeking monthly compensation for a service-connected disability, applying for Aid and Attendance benefits, or looking to maximize your healthcare options, we are here to help you make informed, confident decisions.

Understanding Aid & Attendance Pension Benefits

One of the most impactful but underutilized VA programs is the Aid and Attendance (A&A) benefit. This tax-free pension is available to wartime veterans and surviving spouses who need assistance with basic daily activities. A&A is especially beneficial for seniors living with chronic medical conditions or residing in assisted living communities—something common in Southwest Florida’s large senior population.

Who Qualifies for Aid and Attendance?

Eligibility for Aid and Attendance includes several components:

Military Service: You must have served at least 90 days of active military service, with at least one day during a recognized wartime period. Conflicts include WWII, Korea, Vietnam, and the Gulf War (with different dates).
Discharge Status: You must have received an honorable or general discharge. Dishonorable discharge disqualifies you from most benefits.
Medical Need: You must require the assistance of another person to perform Activities of Daily Living (ADLs)—such as bathing, dressing, feeding, toileting, or managing medications. This need must be certified by a licensed physician.
Financial Eligibility: Your countable assets must be below a VA-prescribed limit (currently $129,094 in 2025), not including your primary residence, personal vehicle, and certain trust-protected assets.

Note: A 36-month “lookback” applies for asset transfers made after October 18, 2018. Improper transfers during this period can result in a penalty phase or delay in eligibility. At Burzynski Elder Law, we help veterans and families plan proactively to minimize these risks.

How Income and Expenses Affect Eligibility

Even if your gross income appears too high for pension qualification, you may still be eligible after accounting for unreimbursed medical expenses. These expenses are deducted from your income to calculate what the VA calls your “Income for VA Purposes” (IVAP). Allowable expenses include:

Monthly costs of assisted living or nursing home care
In-home caregiver services
Medicare and other health insurance premiums
Prescription drug co-pays
Out-of-pocket doctor or specialist visits

If your monthly income is exceeded by your medical expenses, you may qualify for the Aid and Attendance benefit—even with a high income. This is especially relevant for residents of Collier and Lee counties, where long-term care costs are among the highest in the state.

How do I know if I served under an eligible wartime period?

World War II (December 7, 1941 to December 31, 1946)
Korean conflict (June 27, 1950 to January 31, 1955)
Vietnam War era — for Veterans who served in the Republic of Vietnam (November 1, 1955 to May 7, 1975)
Vietnam War era — for Veterans who served outside the Republic of Vietnam (August 5, 1964 to May 7, 1975)
Gulf War (August 2, 1990 through a future date to be set by law or presidential proclamation)

VA Disability Compensation

For veterans who suffered an injury, illness, or condition connected to their military service, the VA offers disability compensation. This is separate from the pension program and is available regardless of income or assets.

Disability ratings are determined as a percentage (from 0% to 100%), and monthly payments are based on that rating, family status, and severity of impairment. Conditions may include:

Hearing loss
PTSD and mental health issues
Traumatic brain injuries (TBI)
Spinal cord injuries
Chronic illnesses linked to service (Agent Orange exposure, burn pits, Gulf War syndrome)

Some veterans with a 100% disability rating or deemed “unemployable” can receive well over $3,400/month. We help clients gather the appropriate medical documentation and service records to support their claim or appeal a denial.

How Much Can You Receive

Contact Burzynksi Elder Law today for more information.

Other Valuable Veterans Benefits for Southwest Florida Residents

VA benefits go beyond medical or disability support. Many veterans and their families in our region are also eligible for the following programs:

1. Veterans Pension Programs

In addition to A&A, the VA offers basic pension benefits to wartime veterans over age 65 who have limited income and assets. Surviving spouses may also be eligible. This benefit is a financial safety net for those not qualifying for service-connected compensation.

2. Free or Low-Cost VA Medical Care

All “needed” medical care for eligible veterans is covered by law. Care is considered “needed” if it promotes, preserves, or restores health. Common covered services include:

Hospital and outpatient services
Prescription medications
Mental health care
Physical therapy and prosthetics
Vision and hearing care

Veterans in our area may receive care at nearby VA clinics or through community care providers via the VA’s Community Care Network.

3. Mental Health & Readjustment Counseling

VA counseling is available for all service members—including those dealing with PTSD, sexual trauma, grief, or combat stress. Naples-area veterans can connect with Vet Centers or receive telehealth services for confidential support.

Why Choose Burzynski Elder Law?

At Burzynski Elder Law, we go beyond basic benefit advice. We offer comprehensive legal and life care planning services that integrate:

VA benefit qualification and application
Medicaid planning and asset protection
Trust and estate planning
Guardianship and incapacity planning

We work closely with veterans and their loved ones to create a customized plan for long-term care, financial security, and peace of mind. Whether you’re a veteran living independently or transitioning to assisted care, our firm will help you maximize available benefits while protecting your legacy.

Get the Benefits You Deserve—Call Today

Our office is located in Naples, Florida, and we proudly serve clients throughout Collier, Lee, and Charlotte Counties. If you or a loved one has served in the military and needs help understanding or applying for veterans benefits, we invite you to schedule a consultation with our compassionate legal team.

Call Burzynski Elder Law at (239) 434-8557 or contact us online to get started. We are honored to serve those who have served our country.

Helping veterans age with dignity, security, and support—that’s our mission.