Veterans Benefits Chart Your Course with Confidence

Veterans’ Benefits Attorneys in Fullerton

Making Sure You Get the Benefits You Deserve

As a 12-year veteran of the Navy, our founder, Marty Burbank, feels very strongly about veterans’ issues. At OC Elder Law, we believe it is our responsibility to educate clients about an important benefit – called Aid and Attendance – that is available through the Department of Veterans Affairs. You or your loved one may be eligible for this useful benefit, and our Fullerton veterans’ benefits attorneys can help determine if you qualify.

Learn more by contacting OC Elder Law at (714) 400-2373.

Aid & Attendance for Veteran Families

Aid and Attendance is an enhancement to the Veterans Pension program. 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 2020 are:

  • $2,266 per month for a married veteran
  • $1,912 per month for a single veteran
  • $1,230 per month for a surviving spouse

However, before the veteran or surviving spouse receives any benefits, they must first meet the eligibility requirements outlined below.

Military Service Requirement

The veteran’s discharge must be anything other than dishonorable. Additionally, the veteran must have served 90 consecutive days.

One of those days must have been during one 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 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 – he or she only needs to have served for at least one day during the dates mentioned above.

Medical Need Requirement

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 someone else’s assistance.

Income Requirement

The Department of Veterans Affairs (VA) calculates income in an odd way. First, the VA will consider all your income. It will then subtract any unreimbursed medical expenses from your income.

Unreimbursed medical expenses can include but are not limited to:

  • In-home caregiving expenses
  • Assisted living expenses
  • Insurance premiums
  • Paying an adult child to be a caregiver

The veteran will receive the maximum benefit amount if the medical expenses exceed 105% of income; otherwise, a smaller amount will be granted. Every veteran’s situation is different, so a detailed analysis necessary to determine income qualifications.

Asset Requirement

The VA also considers 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 broad 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 or asset requirement, OC Elder Law can help. There are proven strategies we can implement to qualify and obtain these cash benefits on your behalf. Let our skilled Fullerton veterans’ benefits attorneys navigate you through this process and give you peace of mind.

If the Veteran or Surviving Spouse Already Qualifies

If you already qualify, there is no need to pay anyone for the application. In fact, it is illegal for anyone to charge for the application.

Discuss Your Case with OC Elder Law

Our firm was founded by Marty Burbank, a 12-year veteran of the U.S. Navy. Given our strong commitment to veterans and veteran issues, you can be assured that the attorneys at OC Elder Law will take great care of you and your case. With three locations in Southern California and a willingness to fly to meet you wherever you are located, we serve clients throughout California.

If you have any questions about your veteran benefits, call (714) 400-2373 today.

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Meet the Crew

Compassion, Experience & Integrity
  • Marty  Burbank Photo
    Marty Burbank

    Attorney

    Marty Burbank wants to live in a world where children are healthy and safe, where seniors live without fear or pain, and where veterans are cared for and respected. Marty is a featured expert in estate planning and elder law by Forbes and was recognized by the Orange County Register as one of the 100 most influential people in Orange County. He frequently speaks about seniors, our military veterans, their benefits, and the legal issues related to their care and quality of life. Marty has ...
  • Joshua  Ramirez Photo
    Joshua Ramirez

    Attorney

    Joshua D. Ramirez received his bachelor’s degree in political science from Cal State Fullerton. Josh attended Loyola Law School in Los Angeles where he obtained his Juris Doctor and his LLM in Taxation, which he obtained “with distinction.” He has a passion for elder law, as evidenced by him graduating #1 in his elder law class. Josh has a passion for the elderly and families mourning the loss of a loved one. Josh enjoys spending time with his wife and young son, spending the day at the shooting ...
  • Erlinda  Vasquez Photo
    Erlinda Vasquez

    Attorney

    Erlinda Vasquez received her bachelor’s degree in economics and political science from Loyola Marymount University. In college, Erlinda was involved in many extracurricular activities, including the Harvard Latino Leadership Initiative (LLI). As an LLI Scholar, Erlinda partnered with Harvard Kennedy School to create a community service project in Los Angeles. She later received her juris doctor from Loyola Law School where she discovered her passion for elder law. During her first year of law ...
  • Bryce  Letterman Photo
    Bryce Letterman

    Attorney

    For more than 25 years, Attorney Bryce Letterman has provided dedicated representation to clients in a wide variety of legal matters. Mr. Letterman assists clients primarily with estate planning and probate. He also has experience in several other areas, including business and civil litigation. His decades of experience in estate planning have ranged from simple wills and powers of attorney through complex planning including Medi-Cal, asset protection, and strategies to maximize the after-tax ...
  • Tessa  Gardner Photo
    Tessa Gardner

    Attorney

    Tessa Gardner received her bachelor’s degree in international business from Pepperdine University. While studying at Pepperdine, Tessa played lacrosse and developed her philanthropic purpose as a member of Alpha Phi. Tessa later went on to get her juris doctor from the University of Denver Sturm College of Law. During her time at law school, Tessa interned for the District Attorney's office in the Family Violence and Cold Case units where her passion for seniors' rights developed. Tessa then ...
  • Michael  Lawlor Photo
    Michael Lawlor

    Attorney

    Michael has practiced estate planning and trust litigation in California since 1981 except for the few years he took off to sail around the world with his wife on their boat Traveler. He attended USC for his undergraduate studies and earned his J.D. from Western State School of Law.
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OC Elder Law

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