veterans benefits

VA Aid & Attendance Pension:

Note: Only an Accredited Agent or Attorney may discuss your claim with the VA with you or assist you with the application. No one may charge you for assistance with the application.

Eligibility:

Veterans and their spouse are eligible if the Veteran served 90 days of active duty, including one day of active duty during wartime. Disability does not have to be service-related.

Veteran/Spouse must require the assistance of another person with at least TWO of activities of daily living (ADL’s). They include:

  • Bathing (can be stand-by to prevent falls)
  • Dressing, buttoning
  • Transferring
  • Walking distances (does not include use of a cane)
  • Personal hygiene and incontinence care

In order to become eligible for the Aid and Attendance Pension the VA looks at your available assets, life expectancy and cash flow.  There are a number of factors that are taken into consideration, including actual expenses and life expectancy, but no bright line as to how much in available resources you are allowed to have. You will see reference to a maximum of $80,000, but this is before all factors are applied, typically the actual amount is less than $80,000 once the factors have been reviewed through a cash-flow analysis.  It is currently allowable to transfer excess assets prior to applying in order to qualify but you must be aware that if nursing home care is needed in the next 5 years and Medicaid eligibility becomes necessary, Medicaid imposes a penalty for transfer of assets if the transfer was made within 5 years of the application for Medicaid eligibility.

We can help create a comprehensive Long Term Care Plan to prepare for that penalty, which will actually limit the amount you would have to pay towards nursing home care, bypass probate and reduce inheritance taxes.