Veterans Benefits

As a 12 year veteran of the Navy, our founder, Marty Burbank feels very strongly about veterans issues. Here at OC Elder Law, we believe it’s our responsibility to educate our clients about an important benefit that is available through the Department of Veterans Affairs, to which their loved ones may be entitled. It is called  Aid and Attendance.

 

Aid and Attendance is an enhancement to Veterans pension.  This benefit can pay a Veteran and a surviving spouse cash every month. The cash is tax free and may be used in any way, including paying for long  term care in a  nursing home, assisted living facility, or care at home. The maximum benefits for 2016 include:

$2,120 per month for a married Veteran

$1,788 per month for a single Veteran

$1,149 per month for a Surviving Spouse

 

However, before the Veteran or Surviving Spouse receives any benefits, they must first meet the eligibility requirements:

Service

The Veteran’s discharge must be anything other than dishonorable.  Additionally, the Veteran must have served ninety (90) consecutive days.  One of those days must have been during one (1) of the following times:

World War I: April 6, 1917 through November 11, 1918

World War II: December 7, 1941 through December 31, 1946

Korean War: June 27, 1950 through January 31, 1955

Vietnam War: August 5, 1964 through May 7, 1975

[beginning time extended to February 28, 1961 for a Veteran who served in county before August 5, 1964]

Persian Gulf War: August 2, 1990 through Present

 

It is important to note that the Veteran does not need to have been in combat. The Veteran only needs to have served for one (1) day during the dates mentioned above.

Medical Need

The Veteran or Surviving Spouse must have a medical need that requires the aid and attendance of another to perform activities of daily living.  A doctor will need to certify that the Veteran or Surviving Spouse does in fact need the assistance of another.

Income Requirement

The Department of Veterans Affairs (VA) calculates income in an odd way.  First, the VA will look at all of your income.  It will then subtract any unreimbursed medical expenses from your income.  Unreimbursed medical expenses can include in-home caregiving expenses, assisted living expenses, insurance premiums, paying an adult child to be a caregiver, among others.  The Veteran will receive the maximum benefit amount if the medical expenses exceed 105% of income, otherwise a smaller amount will be granted.  However, every Veteran’s situation is different and a detailed analysis is needed to determine income qualifications.

Asset Requirement

The VA also looks at the Veteran’s or the Surviving Spouse’s assets to determine the need for this cash benefit.  Assets include all bank accounts, brokerage accounts, etc.  However, the asset limitation does not include the Veteran’s or the Surviving Spouse’s primary residence.

The VA eligibility worker has wide discretion in determining the asset requirement for each case.  However, $80,000 and below seems to be the amount that the eligibility worker has discretion over to approve an application.  An application with more than $80,000 in assets is likely to be reviewed by the VA eligibility reviewer’s supervisor for approval.

If the Veteran or Surviving Spouse Does Not Qualify

If the Veteran or Surviving Spouse does not currently qualify for Veterans Pension with Aid and Attendance due to the Income Requirement or Asset Requirement, OC Elder Law can help.  There are proven strategies we can implement to qualify and obtain these cash benefits.  Let our expert Veterans Affairs Accredited attorneys navigate you through this process and give you peace of mind.

If the Veteran or Surviving Spouse Already Qualifies

There is no need to pay anyone for the application.  In fact, it is illegal for anyone to charge with the application.  Please visit our website at OCElderLaw.com to download the necessary application forms including the VA Application, the Doctor’s Form, and the Care Provider Report.

Have Questions?

If you have a question, a comment, or simply want to have a conversation and explore how we can help, we'd love to hear from you.

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