POW Benefits in Missouri: Special Entitlements for Former Prisoners

To qualify for federal POW benefits under 38 U.S.C. § 1134, a veteran must have been a prisoner of war while on active duty, active duty for training, or inactive duty training in any U.S. military branch. Prisoners of war include those captured and held by any enemy government or authorised representative (foreign government, resistance movement, or armed faction) during any armed conflict involving U.S. forces.

The veteran must have received an honorable discharge or general discharge under honorable conditions from the military branch in which they served. Service-connected disability is not required for POW compensation—the captivity itself establishes eligibility. However, the VA must verify the captivity through military records, Red Cross documentation, or official government records confirming imprisonment dates and location.

No minimum or maximum service length requirement exists; POWs captured after just days of service qualify. Income and asset limits do not apply to POW compensation. However, compensation rates depend on the total number of days the veteran spent in POW captivity: veterans receive a base monthly amount plus incremental increases for each additional day imprisoned (capped at the rate for 1,095 or more days).

Surviving spouses and children may receive Dependency and Indemnity Compensation (DIC) if the POW veteran dies from a service-connected condition or nonservice-connected condition while receiving VA compensation. Eligible children must be unmarried and under age 23 (or permanently incapable). Surviving spouses with dependent children receive enhanced rates.

All armed conflict eras qualify: World War II, Korea, Vietnam, Gulf War, Operation Enduring Freedom, Operation Iraqi Freedom, and ongoing conflicts. The POW designation applies whether the veteran was held in a formal POW camp, an internment facility, or by non-state armed groups.

Federal POW compensation (2024) is paid monthly based on days of captivity:

1–30 days: $3,737.85 31–60 days: $3,873.65 61–90 days: $4,009.50 91–180 days: $4,145.30 181–365 days: $4,281.15 366–730 days: $4,416.95 731–1,095 days: $4,552.80 1,095+ days: $4,688.60

Dependent adjustments (2024): Each eligible spouse adds $248.77 monthly; each eligible child adds $155.35 monthly. Rates increase annually with the COLA (Cost of Living Adjustment). The VA announces new rates each December for implementation in January. Surviving spouses receive 50% of the veteran's POW rate; surviving children receive 16⅔% per child (shared equally if multiple).

Missouri provides two major state-specific benefits for certified POWs beyond federal compensation. First, under Mo. Rev. Stat. § 137.100(4), Missouri grants a 100% property tax exemption on the assessed value of the primary residence owned by a former POW veteran. This exemption applies to the homestead only and does not require the veteran to own the property free and clear—it applies regardless of mortgage or lien status.

To claim the exemption, the veteran must file a claim with the county assessor's office in the county where the property is located. The assessor uses VA certification (receipt of POW compensation or VA rating letter confirming POW status) as proof of eligibility. Once certified, the exemption applies indefinitely as long as the veteran owns and occupy the residence as their principal home.

Second, Mo. Rev. Stat. § 37.385 exempts POW compensation from Missouri state income tax. Any monthly payment received as federal POW compensation is excluded from Missouri taxable income, meaning veterans keep the entire federal amount without state income tax liability. This exemption is automatic upon receipt of POW payments and requires no separate application.

Missouri has no additional state POW pension or supplemental payment program. The state's benefits are limited to the property tax exemption and income tax exemption. These benefits complement federal VA compensation but do not replace it. Veterans may receive the full federal monthly POW rate, the property tax exemption, and the income tax exemption simultaneously with no reduction or offset.

POW benefit claims are most commonly denied due to insufficient documentation of captivity. The VA requires clear, contemporaneous military records or government documentation proving the veteran was captured and held as a POW. Many veterans submit only their DD Form 214, which may list "POW" in remarks but lack specific dates and locations of captivity. This is often insufficient; the VA requests supplementary evidence such as Red Cross correspondence, official military records from the Department of Defense POW/MIA Office, affidavits from other prisoners, or camp release documentation.

Second, claims are denied when the discharge is less than honorable. The veteran must have received an honorable discharge or general discharge under honorable conditions. A discharge under other than honorable conditions (UOTHC), bad conduct discharge (BCD), or dishonorable discharge bars POW benefits. Similarly, if the discharge was administrative or uncharacterized before any POW captivity occurred, the claim is denied.

Third, claims fail when the veteran was not on active duty at the time of capture. POW benefits require that the person was serving on active duty, active duty for training, or inactive duty training in a U.S. military branch when captured. Civilian contractors, foreign soldiers, or those captured after discharge do not qualify.

To strengthen an initial claim, obtain the military service record (request from the National Archives) and contact the Department of Defense POW/MIA Office at https://www.dod.gov/prhome/mia.html—they maintain the official POW database and will provide a certification letter. Gather contemporaneous evidence: Red Cross letters, prisoner-of-war camp identification documents, military unit histories documenting capture, official liberation records, and signed statements from other veterans who shared captivity. Submit all evidence with the initial application rather than waiting for the VA to request it.

If the VA denies your POW benefit claim, you have three appeal options under the Appeals Modernization Act (AMA):

1. **Supplemental Claim (Best for new evidence):** File VA Form 20-0995 within one year of the denial decision. Use this lane if you have new documentation (Red Cross records, additional witness statements, newly discovered military records, or medical evidence linking POW status to a condition). The VA will review your claim with the new evidence and typically issues a decision within 4–6 months. This lane is fastest if you have compelling new evidence.

2. **Higher-Level Review (HLR) (Best for legal/factual errors):** File VA Form 20-0996 within one year of denial. A senior VA reviewer examines whether the original decision was legally correct or overlooked facts in the file. The reviewer does not accept new evidence but can reconsider the strength of existing evidence. Processing takes 4–6 months. Choose this if you believe the VA misinterpreted your military records, misapplied the law, or failed to develop the claim fairly.

3. **Board of Veterans' Appeals (BVA) (Best for complex cases):** File VA Form 10182 within one year of denial. Your case goes to the BVA, an independent judicial body that holds a hearing (in-person, video, or by phone) if you request one. The BVA can accept new evidence and arguments. Processing takes 12–18 months. Request a hearing if you have testimony from fellow POWs or want to explain captivity circumstances directly to a judge.

All three lanes are free. You do not lose appeal rights if you choose one lane—you can later appeal to a higher level if dissatisfied. Many veterans service officers help with appeals at no cost. Contact your county veterans service office (https://mvc.dps.mo.gov/) or a Veterans Service Organization (VSO) such as the American Legion, VFW, or DAV for free appeal assistance.