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When assisting a VA claimant with a nonservice-connected pension claim, determining the maximum benefit amount the claimant is entitled to can become perplexing.

The Veterans Administration ("VA") offers nine maximum benefit amounts based on whether the award is for a veteran with a spouse, a single veteran, or a single surviving spouse of a veteran; and the rating of the particular claimant.  The calculation for the respective category of pension income will provide a VA pension benefit ranging from zero dollars up to the category's maximum allowable pension rate.

In accordance with 38 CFR, the VA has defined the requirements of each claimant category referenced above, to-wit:

A "veteran" is a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable.  The above entitlements exist if a veteran:

1.  Served in active military, naval, or air service for 90 days or more during a period of war;
2.  Meets the net worth requirements and does not have an annual income in excess of the applicable maximum annual pension rate; and
3.  Is age 65 or older, or is permanently and totally disabled from nonservice-connected disability.

A "spouse" is a person of the opposite sex whose marriage to the veteran is valid under the law of the place where the parties resided at the time of marriage, or the law of the place where the parties resided when the right to benefits accrued. (38 U.S.C. 103(c))

A "surviving spouse" is a person of the opposite sex whose marriage to the veteran meets the requirements of §3.1(j) and who was the spouse of the veteran at the time of the veteran's death and:

1.  Who lived with the veteran continuously from the date of marriage to the date of the veteran's death except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse; and
2.  Except as provided in §3.55, has not remarried or has not since the death of the veteran and after September 19, 1962, lived with another person of the opposite sex and held himself or herself out openly to the public to be the spouse of such other person.

The subsequent blog post, Part II, will assist in determining the calculations utilized in each category of pension income, and how to establish the expected pension rate for a potential claimant.