Medicaid Planning & Veterans Benefits Programs
For qualifying veterans, Aid and Attendance is paid in addition to the basic pension rate for seriously disabled wartime veterans who have limited or no income, and who are age 65 or older, or, if under 65, who are permanently and totally disabled.
Aid and Attendance Benefits for Veterans
Many families struggle to provide necessary care for aging or disabled veterans or their surviving spouses. Unfortunately, most of these families are unaware of an important benefit available through the Department of Veterans Affairs to which their loved ones may be entitled. It is called Aid and Attendance.
For qualifying veterans, Aid and Attendance is paid in addition to the basic pension rate for seriously disabled wartime veterans who have limited or no income, and who are age 65 or older, or, if under 65, who are permanently and totally disabled.
Some key things to know about the Aid and Attendance benefit:
- Aid and Attendance is a pension benefit and is not dependent upon service-related injuries.
- Both wartime veterans and their surviving spouses may be eligible.
- Certain medical and financial requirements must be met.
- Aid and Attendance can help pay for care in the home, nursing home or assisted living facility.
Contact Zaremba Center Estate Planning & Elder Law in Williamsburg to get help finding out if you qualify for Aid and Attendance benefits.
The Application Process
Application for Aid and Attendance benefits is a complex and lengthy process. The forms are available for you to do this yourself, but be advised that if you apply and your application is denied, you must wait a year before you can reapply. For these reasons, many people seek assistance in completing the application. Note: It is illegal for anyone to charge you a fee to help complete the application or file for benefits.
Our office can assist you with this process – at no cost to you.
How to Choose an Attorney
The Aid and Attendance Benefit – How Much Could You Receive?
The cost of assisted living, nursing home or home health care can be substantial. In fact, a 2015 survey conducted by Genworth Financial found that the national median monthly rate for a one-bedroom apartment in an assisted living facility runs $3,600, the national median daily rate for a semi-private nursing home room is $220, and the national median hourly rate for a licensed home health aide is $20. Aid and Attendance Benefits could help defray these types of costs for qualified veterans and their surviving spouses.
The 2019 Maximum Benefits
*Note: these maximum benefit amounts may fluctuate and the actual benefit that is approved may be less.
In 2019, qualifying veterans and their spouses could be eligible for a VA Pension of over $2,230 per month to help cover the costs of elder care assistance.
The Aid and Attendance benefit is a monetary benefit that helps eligible veterans and their surviving spouses (or just the spouse in case of the veteran’s death) to pay for the assistance they need in everyday functioning (eating, bathing, dressing, and medication management).
Readers should know that the A&A benefit is often referred to by other names. One will sometimes hear the names “improved pension”, “VA assisted living benefit” or “veterans elder care benefits”. These are various names for the same program, which, as mentioned before, is an additional benefit added to the basic VA pension.
Who is Eligible to Receive Aid and Attendance Benefits?
There are three aspects of eligibility – Service, Medical, and Financial:
Service. The basic service qualification is that the veteran must have served at least 90 days of active military duty, with at least one of those days during wartime (as defined by the Veteran’s Administration). Additionally, the veteran must have received a discharge that was other than dishonorable.
Medical. The veteran or surviving spouse must show that they require the “aid and attendance” of another person to perform the basic activities of daily living. The VA defines the need for aid and attendance as:
- Requiring the aid of another person to perform personal functions required in everyday living, such as bathing, feeding, dressing, attending to the wants of nature, adjusting prosthetic devices, or protecting himself/herself from the hazards of his/her daily environment, or
- Being blind or nearly blind, or
- Being bedridden, in that his/her disability or disabilities requires that he/she remain in bed apart from any prescribed course of convalescence or treatment, or
- Being a patient in a nursing home due to mental or physical incapacity.
Financial. Qualifying under the asset test can be tricky. The basic requirements state that the person requesting the benefit must have a financial need. Each application is evaluated individually. Although you may hear or read that having up to $80,000 in assets (exclusive of a home and a car) is acceptable, consider this merely a general rule of thumb. In contrast to Medicaid eligibility, there are no set asset limits when it comes to Aid and Attendance eligibility. The final decision regarding the asset test depends on the VA reviewer. In addition to the asset test, there also is an income test. As with the asset test, there is no specified income limit. However, the VA considers what it refers to as IVAP – Income for VA Purposes. IVAP is equal to your gross income from all sources, less a portion of unreimbursed medical expenses. If your IVAP is not less than the annual benefit amount, you will not be eligible for benefits.
How Can I Qualify for Aid and Attendance Benefits?
What if you are service and medically eligible, but have too many assets or too much income to qualify? You may consider rearranging your assets and/or income to qualify, which may include re-titling or giving away assets, or establishing a Veterans Administration Aid and Attendance Pensions Benefits Trust. Making these types of changes is perfectly legal, but doing so properly can be complicated. Beware that some actions taken to qualify for VA benefits could create a penalty period, or perhaps even disqualify you entirely from receiving Medicaid benefits should they be needed. Contact Zaremba Center for Estate Planning & Elder Care in Williamsburg to get help qualifying.
Business Resources for Returning Veterans
American Hometown Heroes was founded to assist Veterans who are looking to start a new business. Through this initiative, independent yellow page publishers have banded together to provide professional advice and marketing assistance to any returning veteran with a desire to start a new business in their hometown (or has recently started a local business) – all at no charge to them! The program includes a comprehensive advertising program for an entire year. Find out if you qualify for the American Hometown Heroes program and sign up to get started.
This web page does not constitute legal, accounting or other professional advice. Although it is intended to be accurate, neither the publisher nor any other party assumes liability for loss or damage due to reliance on this material. Note: Nothing on this web page is intended or written to be used, and cannot be sued by any person for the purpose of avoiding tax penalties regarding any transactions or matters addressed herein. You should always seek advice from independent tax advisors regarding the same. [See IRS Circular 230.]