Veterans and surviving spouses in Massachusetts can draw on two layers of benefits: federal benefits from the U.S. Department of Veterans Affairs (VA), and an unusually broad set of state benefits, including the needs-based Chapter 115 program that is administered in every city and town. A Massachusetts veterans benefits attorney helps older veterans and their families understand how those programs fit together, how they interact with MassHealth, and how to plan so that one benefit does not undercut another when long-term care becomes necessary.
Michael Holmes of Holmes Law is admitted in Massachusetts and works with Massachusetts clients remotely. This page covers the difference between VA pension and disability compensation, the Aid and Attendance benefit, the VA’s net worth limit and 36-month lookback, accreditation rules, the Massachusetts veterans homes, Chapter 115 benefits, property tax exemptions and other state programs. It is general information, not legal advice about your situation. For the broader picture, see the Massachusetts elder law overview.
Compensation and Pension: Two Different Federal Benefits
The two VA cash benefits that matter most to older veterans are often confused, but they work very differently.
Disability compensation
Disability compensation is paid to veterans with disabilities caused or aggravated by military service. It is not needs-based: a veteran’s income and savings do not matter. The amount depends on the combined disability rating and the number of dependents, and it is not subject to federal income tax. Many older veterans have conditions that are now presumptively service-connected, such as certain conditions linked to Agent Orange exposure and, under the PACT Act of 2022, conditions linked to burn pits and other toxic exposures. Surviving spouses of veterans who died from service-connected causes may qualify for Dependency and Indemnity Compensation (DIC).
Veterans pension
The VA pension is a needs-based benefit for wartime veterans with limited income and assets who are 65 or older or permanently and totally disabled. The veteran must generally have served at least 90 days of active duty with at least one day during a recognized wartime period, and must have been discharged under conditions other than dishonourable. A survivors pension is available to qualifying surviving spouses and dependent children.
Pension eligibility turns on “net worth,” which combines assets and annual income. The VA counts most assets but excludes the primary residence (with a limit on the lot size) and a vehicle. Income is reduced by unreimbursed medical expenses, including many costs of in-home care, assisted living and nursing home care, which is why pension is often available to veterans whose gross income looks too high at first glance.
Aid and Attendance and Housebound Benefits
A veteran or surviving spouse who qualifies for pension can receive an increased amount if he or she needs the regular aid and attendance of another person with activities of daily living, is bedridden, is a patient in a nursing home due to mental or physical incapacity, or has significant visual impairment. A lesser “housebound” increase applies to those substantially confined to the home. Aid and Attendance can also be added to disability compensation for veterans with severe service-connected disabilities.
For many Massachusetts families, Aid and Attendance helps pay for home care or assisted living, which MassHealth generally does not fund. Because it is based on the cost of care and the family’s resources, careful documentation of expenses and the need for help is essential.
The Net Worth Limit and 36-Month Lookback
Since October 18, 2018, VA pension has used a bright-line net worth limit tied to the maximum community spouse resource allowance under Medicaid, adjusted annually. The same rules introduced a 36-month lookback: assets transferred for less than fair market value during the three years before a pension claim, if they would have caused net worth to exceed the limit, can trigger a penalty period of up to five years. Transfers into many types of trusts and the purchase of certain annuities count as covered transfers.
The VA lookback is shorter than the 60-month MassHealth lookback, and the two programs treat trusts, annuities and income differently. A transfer that helps with one program can create problems with the other. Families who expect to need both VA pension now and MassHealth later should plan both at once. The Massachusetts Medicaid planning page explains the MassHealth side.
Accreditation and Fees
Federal law requires anyone who helps prepare, present or prosecute a VA benefits claim to be accredited by the VA as an attorney, claims agent or representative of a recognized veterans service organization, under 38 C.F.R. § 14.629. Accredited attorneys and agents generally may not charge a fee for help with an initial claim; fees are permitted only in limited circumstances after an initial decision.
Older veterans are frequently targeted by unaccredited “pension advisers” who charge for filing claims or sell annuities and trusts designed to move assets. Some of those products create MassHealth penalties later, or cost more than the benefit they produce. Free help with claims is available from local Veterans’ Service Officers and accredited veterans service organizations. An attorney’s role is often to address the planning around a claim: the trusts, the estate plan, the MassHealth consequences and any appeal. You can check a person’s accreditation using the VA’s online accreditation search.
Filing, Evidence and Appeals
A VA claim is only as strong as its evidence. For a pension or Aid and Attendance claim, that usually means the veteran’s discharge papers (DD-214 or equivalent), a marriage certificate and any prior divorce decrees for a surviving spouse’s claim, a physician’s examination report documenting the need for aid and attendance, and a complete record of income, assets and recurring medical expenses, including care contracts and facility invoices. For a compensation claim, service treatment records, private medical records, and a medical opinion linking the condition to service are often decisive.
Filing an “intent to file” preserves an effective date while the claim is assembled, which can mean months of additional benefits. If a claim is denied, the Appeals Modernization Act gives three options: a supplemental claim with new and relevant evidence, a higher-level review by a more senior adjudicator, or an appeal to the Board of Veterans’ Appeals. Each lane has its own evidence rules and deadlines, and choosing the wrong one can delay a decision. Accredited attorneys may charge a fee for work after an initial decision, subject to VA rules.
Surviving spouses should know that some benefits must be claimed promptly after a veteran’s death to preserve the earliest effective date, including survivors pension, DIC and accrued benefits. The local VSO can help with burial and survivor claims as well.
Massachusetts Chapter 115 Benefits
Massachusetts provides a benefit found almost nowhere else: needs-based financial and medical assistance to eligible veterans and their dependents under G.L. c. 115. The program is overseen by the Executive Office of Veterans Services (EOVS), which became a cabinet-level secretariat in 2023, and it is administered locally through Veterans’ Service Officers (VSOs) in each city and town or regional veterans’ district. The VSO is also a valuable point of contact for help with federal VA claims.
Chapter 115 can help with ordinary living expenses such as food, housing, clothing, fuel and medical care for veterans and qualifying dependents who meet income and asset standards. Eligibility depends on service, Massachusetts residency and financial need, and benefits are coordinated with other sources of income.
The HERO Act of 2024
The Honoring, Empowering, and Recognizing Our Servicemembers and Veterans Act, known as the HERO Act, was enacted in 2024 and made significant changes to Massachusetts veterans benefits. According to EOVS, the HERO Act:
- Expanded the Chapter 115 definition of veteran to align more closely with the federal definition.
- Ensured that veterans receiving federal benefits do not lose Chapter 115 benefits because of federal cost-of-living increases.
- Added behavioral health reimbursement and codified medical and dental assistance under Chapter 115.
- Increased the annual state annuity paid to 100 percent service-connected disabled veterans from $2,000 to $2,500, phased in over two years.
- Allowed cities and towns to double local property tax exemptions for veterans or tie them to inflation.
- Created motor vehicle excise, driver’s license and registration fee exemptions for 100 percent service-connected disabled veterans.
Your local VSO can explain how these changes apply to you.
Massachusetts Property Tax Exemptions for Veterans
Massachusetts provides property tax exemptions for qualifying veterans under G.L. c. 59, § 5, principally Clause 22 and its lettered subclauses. The exemptions apply to a veteran’s domicile and are available to veterans with a service-connected disability rated at 10 percent or more and to certain other groups, such as Purple Heart recipients, with larger exemptions for veterans with more severe disabilities, including loss of limbs or sight, a 100 percent disability rating, or specially adapted housing. Surviving spouses may continue to qualify in certain circumstances. Eligibility typically requires Massachusetts domicile and ownership and occupancy of the property, and each exemption carries residency conditions.
Applications are filed with the local board of assessors, generally each year, within the deadline set for the fiscal year. Because the HERO Act allows each municipality to increase its exemptions, the amount available now varies from town to town. Check with your assessor’s office before the deadline.
Massachusetts Veterans Homes and VA Long-Term Care
The Commonwealth operates two veterans homes, in Chelsea and in Holyoke, which provide long-term care for eligible veterans. Both homes have been the subject of major reform and reconstruction in recent years, and admission and cost questions should be directed to EOVS. The homes are separate from VA medical centers and VA community living centers, which the federal VA runs in Massachusetts.
VA health care can also cover certain long-term care services, including community living center care and home-based programs, depending on the veteran’s service-connected disability rating, income and clinical need. Veterans with a high service-connected rating can qualify for nursing home care at VA expense. A plan for long-term care should consider VA care alongside MassHealth and private pay. The Massachusetts long-term care page explains the full set of payment sources.
Other Massachusetts Benefits for Veterans and Families
Massachusetts offers a range of other benefits, including:
- State burial benefits under Chapter 115 and interment at the Massachusetts Veterans’ Memorial Cemeteries in Agawam and Winchendon.
- The Welcome Home Bonus for Massachusetts residents who served in certain periods and operations.
- Education benefits, including tuition waivers at Massachusetts public colleges and universities for eligible veterans.
- The Veterans Hire Tax Credit for employers who hire qualifying veterans, which the HERO Act increased.
- Annuities for Gold Star parents and spouses, and additional support for surviving family members.
Coordinating Veterans Benefits With Your Estate Plan
A veteran’s estate plan should account for benefits that end at death, benefits that pass to a surviving spouse, and planning that could affect a spouse’s eligibility for survivors pension or MassHealth. A durable power of attorney should authorize the agent to deal with the VA and state veterans agencies, and a health care proxy should name someone who can work with VA health care providers. Where a disabled child is involved, a supplemental needs trust can preserve that child’s eligibility for public benefits. See the Massachusetts special needs trusts and Massachusetts incapacity and powers of attorney pages.
Planning Mistakes to Avoid
Several recurring errors cost Massachusetts veterans and their families benefits. Giving money to children to “get under” the VA net worth limit can trigger a penalty under the 36-month lookback and create a separate MassHealth penalty under the 60-month lookback. Buying an annuity or setting up a trust on the advice of an unaccredited salesperson can do the same. Failing to report changes in income, assets or medical expenses can lead to overpayment debts that the VA later collects by withholding benefits. And assuming that a veteran who was never service-connected has no options overlooks both pension and Chapter 115. A coordinated review before any assets are moved is the simplest protection.
Frequently Asked Questions
What is the difference between VA pension and VA compensation?
Compensation is paid for service-connected disabilities and is not based on need. Pension is a needs-based benefit for wartime veterans who are 65 or older or totally disabled, subject to a net worth limit.
Does the VA look back at gifts?
Yes. Since October 18, 2018, the VA has applied a 36-month lookback to transfers made for less than fair market value that would have put net worth over the limit, with a penalty period of up to five years.
What are Chapter 115 benefits?
They are Massachusetts needs-based financial and medical benefits for eligible veterans and dependents, administered by local Veterans’ Service Officers under G.L. c. 115 and overseen by the Executive Office of Veterans Services.
Can someone charge me to file a VA pension claim?
Only accredited attorneys and agents can assist with VA claims for a fee, and fees for initial claims are generally prohibited. Be cautious of anyone charging to file a claim or selling financial products tied to eligibility.
Do Massachusetts veterans get a property tax break?
Qualifying veterans can receive property tax exemptions under G.L. c. 59, § 5, Clause 22 and related clauses. Amounts depend on disability and, after the HERO Act, on local options adopted by each city or town.
Can a veteran receive VA benefits and MassHealth?
Yes, but the programs have different rules and lookback periods. VA income may affect MassHealth calculations, so planning should address both.
Speak With a Massachusetts Veterans Benefits Attorney
Holmes Law helps Massachusetts veterans and surviving spouses coordinate VA benefits, Chapter 115 benefits and MassHealth, and build an estate plan that protects a spouse and family. He works with Massachusetts clients remotely. Contact Holmes Law in Massachusetts to schedule a consultation.