What This Page Covers

By Missouri Veterans Benefits Attorney Patrick Nolan

This page is a guide to VA benefits, VA family benefits, and veterans-focused estate planning in Missouri—written for real families in Kirksville and across Missouri. My job as a Missouri veterans benefits attorney is to translate federal regulations and Missouri statutes into steps you can actually take.

Disclaimer: I am not accredited to represent veterans before the VA. I provide general estate‑planning guidance and educational information for military families, but I do not handle VA benefits claims.

Quick Overview Table

Topic	Who It Helps	Core Issue	Key Rules/References
VA Disability Compensation	Veterans with service-connected disabilities	Proving nexus, rating, and effective date	38 C.F.R. Part 3 (general), character of discharge at 38 C.F.R. § 3.12. eCFR
VA Pension & Aid and Attendance (A&A)	Low-income wartime Veterans or survivors needing care	Medical need and financial eligibility	38 C.F.R. § 3.351 and § 3.352. eCFR+1
DIC (Dependency & Indemnity Compensation)	Surviving spouses/children of certain deceased Veterans	Service-connected cause of death	38 C.F.R. § 3.5; current VA rates page. Legal Information Institute+1
CHAMPVA	Spouses/children of certain disabled or deceased Veterans (not TRICARE-eligible)	Health coverage coordination with Medicare	38 C.F.R. § 17.271; CHAMPVA overview. eCFR+1
DEA (Chapter 35)	Eligible spouses/children	Tuition/education allowance	38 C.F.R. Part 21, Subpart C; VA DEA page. eCFR+2eCFR+2
Missouri Non-Probate Transfers	Families wanting to avoid probate on death	Title passing outside court	RSMo Chapter 461; TOD/beneficiary deeds § 461.025. Justia+1
Missouri Small Estates	Estates ≤ $40,000	Faster transfer without full probate	RSMo § 473.097 (Small Estate Affidavit). Missouri Revisor of Statutes
Missouri Powers of Attorney	Incapacity planning	Durable authority and fiduciary duties	RSMo §§ 404.705, 404.710, 404.714. Justia+2Missouri Revisor of Statutes+2

VA Benefits:

Where eligibility and evidence meet

Character of Discharge and Basic Eligibility

The first gate is your character of discharge.

Some discharges bar benefits; others require more development. There are exceptions (e.g., “insanity” at the time of the offense) and ways to challenge the characterization. Getting this piece right early can save months. See 38 C.F.R. § 3.12 for the bars and exceptions. eCFR

Service-Connected Disability Compensation

If a current disability is linked to service, we pursue service connection and rating. The evidence often includes service treatment records, competent medical opinions, and lay statements. We frame the file to address the VA’s “benefit of the doubt” standard and nexus requirements under Part 3 of the regulations. (Part 3 governs substantive eligibility across compensation and pension.) eCFR

Pension & Aid and Attendance (A&A)

Wartime Veterans with limited income and significant care needs may qualify for pension with Aid and Attendance or housebound enhancements. A&A focuses on whether you need regular personal assistance (e.g., with bathing, dressing, protecting yourself from hazards). The standards live in 38 C.F.R. § 3.351 and the criteria in § 3.352 (you don’t have to meet every listed limitation; the VA looks at the whole picture). eCFR+2eCFR+2

Common snag: Families try to “spend down” assets the wrong way. The VA uses look-backs and penalizes certain transfers. Before you move money or change title, get advice that coordinates VA rules with Missouri estate-planning law.

VA Family Benefits: Taking care of those who take care of you

Dependency & Indemnity Compensation (DIC)

DIC pays a tax-free monthly benefit to a surviving spouse, child, or parent when the Veteran’s death is service-connected or certain statutory criteria apply. Definitions of “surviving spouse” and marriage requirements are in 38 C.F.R. § 3.50, and the program is defined at 38 C.F.R. § 3.5. Current rates are published by VA and updated annually. Legal Information Institute+2Legal Information Institute+2

Example issues we navigate:

Was the death caused or contributed to by a service-connected condition?
Do marriage requirements and continuous cohabitation rules fit the family’s history? (See § 3.50 for definitions and exceptions like “deemed valid” marriages in § 3.52.) Legal Information Institute

CHAMPVA (Civilian Health and Medical Program of VA)

CHAMPVA provides health coverage for certain spouses/children of Veterans who are permanently and totally disabled due to service or who died from service-connected causes (and who are not eligible for TRICARE). Eligibility and Medicare coordination rules are in 38 C.F.R. § 17.271; VA’s CHAMPVA page explains practical enrollment and documents. eCFR+1

DEA (Survivors’ and Dependents’ Educational Assistance – “Chapter 35”)

DEA can help eligible spouses and children pay for education or job training. The rules live in 38 C.F.R. Part 21, Subpart C, and VA keeps a page with current rates and eligibility. Forms commonly used include VA Form 22-5490. VBA+3eCFR+3eCFR+3

Veterans-Focused Estate Planning in Missouri

You don’t plan just for documents—you plan for outcomes. We structure your assets, beneficiaries, and decision-makers so that VA rules and Missouri law work together.

Avoiding Probate with Non-Probate Transfers

Missouri’s Nonprobate Transfers Law (Chapter 461) lets you pass many assets outside probate by naming transfer-on-death (TOD) or pay-on-death (POD) beneficiaries. For real estate, a Beneficiary (TOD) Deed transfers the property at death if it’s recorded properly, under RSMo § 461.025. This keeps your home out of probate while you retain control during life. Justia+1

Small Estate Affidavit (when probate is unavoidable but small)

If the total estate is $40,000 or less, Missouri allows a Small Estate Affidavit so heirs can collect assets without full probate, per RSMo § 473.097. Local courts (including St. Louis County) publish packets showing the required forms. Missouri Revisor of Statutes+1

Durable Powers of Attorney & Fiduciary Duties

A Durable Power of Attorney remains effective even if you become incapacitated (key for coordinating with VA payee rules and benefits planning). Missouri statutes to know: § 404.705 (durability), § 404.710 (general powers), and § 404.714 (agent’s fiduciary duties to act in your interest and avoid conflicts). Justia+2Missouri Revisor of Statutes+2

Coordinating Beneficiaries with VA Rules

If a surviving spouse or child will seek DIC, CHAMPVA, or DEA, make sure asset titling and beneficiary designations don’t accidentally disqualify or reduce those benefits (e.g., improper trusts or direct gifts that trigger income/asset counting for pension/A&A).
Consider special-needs or supplemental-needs trusts if disability benefits are involved, to avoid resource-limit problems.

How We Work With You (Kirksville & Northeast Missouri)

Document review & evidence planning: DD-214, medical records, marriage/birth certificates, death certificates where applicable.
Form selection: Which VA forms or Missouri filings move the ball fastest (e.g., VA Form 22-5490 for DEA; Small Estate Affidavit in appropriate cases). VBA+1
Title and beneficiary cleanup: TOD/POD set-up, beneficiary deeds, and POAs that match your goals and the regs. Missouri Revisor of Statutes+1
Coordination with benefits: We plan so your estate design doesn’t disrupt VA eligibility now or for survivors later (A&A, DIC, CHAMPVA, DEA). Veterans Affairs+4eCFR+4Legal Information Institute+4

FAQs (fast answers, real citations)

Q: Does every estate go through probate?

A: No. Missouri encourages non-probate transfers (POD/TOD, beneficiary deeds). Done right, major assets can pass outside court. RSMo Chapter 461; § 461.025 for beneficiary deeds. Justia+1

Q: What if the estate is small?

A: If the net value is $40,000 or less, heirs may use a Small Estate Affidavit under § 473.097 to collect property without full probate. Missouri Revisor of Statutes

Q: What makes a POA “durable”?

A: A POA that survives your incapacity is durable. See § 404.705 and § 404.710; your agent must follow fiduciary duties in § 404.714. Justia+2Missouri Revisor of Statutes+2

Q: What proves “Aid and Attendance”?

A: Evidence that you regularly need help with personal functions (you don’t need every limitation listed). See § 3.351 and § 3.352. eCFR+1

Q: Am I eligible for CHAMPVA as a surviving spouse?

A: Often yes—if you’re not TRICARE-eligible and meet § 17.271 criteria. We check Medicare coordination rules, too. eCFR