Veterans Benefits

Veterans' Benefits Attorneys in Fullerton

Making Sure You Get the Benefits You Deserve in Fullerton, CA and Bellevue, WA

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 and Bellevue veterans' benefits attorneys can help determine if you qualify.

Learn more by contacting OC Elder Law at 714 525-4600

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.

Current pension rates for Veterans

Review current VA pension rates for Veterans, including VA Aid and Attendance rates. If you qualify for these benefits, the VA will base your payment amount on the difference betthe VA en your income for VA purposes and a limit that Congress sets (called the Maximum Annual Pension Rate, or MAPR).

Your income for VA purposes is how much you earn, including your Social Security benefits, investment and retirement payments, and any income your dependents receive. Some expenses, like non-reimbursable medical expenses (medical expenses not covered by your insurance provider), may reduce your income for VA purposes.
Your MAPR amount is the maximum amount of pension payable. Your MAPR is based on how many dependents you have, if you're married to another Veteran who qualifies for a pension, and if your disabilities qualify you for Housebound or Aid and Attendance benefits. MAPRs are adjusted each year for cost-of-living increases. You can find your current MAPR amount using the tables below.

Example: You're a qualified Veteran with a dependent, non-Veteran spouse and no children. You also qualify for Aid and Attendance benefits based on your disabilities. You and your spouse have a combined yearly income of $10,000.
Your MAPR amount = $33,548
Your yearly income = $10,000
Your VA pension = $23,548 for the year (or $1,962 paid each month)

What's the net worth limit to be eligible for Veterans Pension benefits?

From December 1, 2024, to November 30, 2025, the net worth limit to be eligible for Veterans Pension benefits is $159,240.

On October 18, 2018, the VA changed the way the VA assess net worth to make the pension entitlement rules clearer. The net worth calculation includes your and your dependent's assets and income for VA purposes. When you apply for Veterans Pension benefits, you'll need to report all of these assets and income.

Note: If your child's net worth is more than the net worth limit, the VA doesn't consider them to be a dependent when the VA determine your pension.

Read our definitions below:

Assets

Assets include the fair market value of all the real and personal property that you own, minus the amount of any mortgages you may have. “Real property” means any land and buildings you may own. Your personal property assets may include these and other items:

Investments (like stocks and bonds)
Antique furniture
Boats

Assets don't include:

Your primary residence (the home where you live most or all of the time)
Your car
Basic home items like appliances that you wouldn't take with you if you moved to a new house

Annual income for VA purposes

Annual income for VA purposes is the money earned in a year from a job or from retirement or annuity payments. Your annual income for VA purposes may include these and other kinds of income:

Salary or hourly pay
Bonuses
Commissions
Overtime
Tips

The VA may subtract certain expenses from your annual income when the VA assess your income for VA purposes and net worth. The VA calls these applicable deductible expenses. They include:

Educational expenses
Medical expenses you're not reimbursed for

An example of net worth and eligibility

If you had $121,000 in assets and $14,000 in annual income for VA purposes, then your net worth would be $135,000. This is less than the net worth limit of $159,240. So you would be eligible for Veterans Pension benefits.

What's the 3-year look-back period for asset transfers?

When the VA receives a pension claim, the VA review the terms and conditions of any assets the Veteran may have transferred in the 3 years before filing the claim.

If you transfer assets for less than fair market value during the look-back period, and those assets would have pushed your net worth above the limit for a VA pension, you may be subject to a penalty period of up to 5 years. You won't be eligible for pension benefits during this time.

Note: This policy took effect on October 18, 2018. If you filed your claim before this date, the look-back period doesn't apply. (A look-back period never includes a date before October 18, 2018.)

What's a penalty period?

A penalty period is a length of time when a Veteran isn't eligible for pension benefits because they transferred assets for less than fair market value during the look-back period. The VA won't pay pension benefits during a penalty period. The penalty period rate is $2,795.

Find your Maximum Annual Pension Rate (MAPR) amount

Date of cost-of-living increase: December 1, 2024
Increase factor: 2.5%
Standard Medicare deduction: Actual amount will be determined by SSA based on individual income.

For Veterans with no dependents:

If you have no dependents and…	Your MAPR amount is (in U.S. $)
You don't qualify for Housebound or Aid and Attendance benefits	16,965
You qualify for Housebound benefits	20,732
You qualify for Aid and Attendance benefits	28,300

Note:
If you have medical expenses, you may deduct only the amount that's above 5% of your MAPR amount ($848 for a Veteran with no spouse or child).

For Veterans with at least 1 dependent spouse or child:

If you have 1 dependent and…	Your MAPR amount is (in U.S. $)
You don't qualify for Housebound or Aid and Attendance benefits	22,216
You qualify for Housebound benefits	25,982
You qualify for Aid and Attendance benefits	33,548

Note:

If you have more than one dependent, add $2,902 to your MAPR amount for each additional dependent.
If you have a child who works, you may exclude their wages up to $15,000.
If you have medical expenses, you may deduct only the amount that's above 5% of your MAPR amount ($1,110 for a Veteran with 1 dependent).

For 2 Veterans who are married to each other:

If you're 2 Veterans who are married to each other and…	Your MAPR amount is (in U.S. $)
Neither of you qualifies for Housebound or Aid and Attendance benefits	22,216
One of you qualifies for Housebound benefits	25,982
Both of you qualify for Housebound benefits	29,747
One of you qualifies for Aid and Attendance benefits	33,548
One of you qualifies for Housebound benefits and one of you qualifies for Aid and Attendance benefits	37,305
Both of you qualify for Aid and Attendance benefits	44,886

Note:

If you have more than one dependent, add $2,902 to your MAPR amount for each additional child.
If you have a child who works, you may exclude their wages up to $15,000.

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.

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 and Bellevue 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 714 525-4600 today.