Printer Friendly Version Veterans Benefits Planning
Nevada Veterans Benefits Planning Attorney
Veterans and widow(er)s of veterans may receive additional benefits from the VA if they need assistance with their activities of daily living. The benefit is a special monthly pension called “Aid & Attendance.” This benefit is based on a person’s assets and income. If approved for Aid & Attendance, the person will receive additional monthly income to help pay for the cost of health care.
Our office is dedicated to providing quality legal services in obtaining VA Aid & Attendance. This benefit may make the difference between an individual staying at home or otherwise being forced to move prematurely into a nursing home. As many of us know, nursing home costs are rising astronomically, and any benefit that might delay this move from occurring secures dignity and autonomy for the individual, and at the same time preserves resources for future care or for fulfilling the individual’s estate planning objectives, if at all possible. At the same time, knowledge of both Medicaid and Aid & Attendance is essential for making a reasonable choice between what often are mutually exclusive paths having very different rules and requirements for purposes of obtaining eligibility.
We help our clients both early in the process and those in “crisis” mode. We can help throughout the entire process, with greater likelihood of remaining at home or at least out of a nursing home for a longer period of time, and ultimately retaining more autonomy and dignity for the elder and more peace of mind for the entire family.
Kim Boyer is an accredited VA attorney and served in the Navy. Her father also served in the Navy during World War II. Not surprisingly, respect for service members and their families has become one of the unique contributions to the community by the elder law firm of Durham Jones & Pinegar.
Wartime Service Requirement
To qualify for the Aid & Attendance benefit, a veteran must have served at least 90 days of active duty, including at least one day during a period of war and have received a discharge that was not dishonorable. Periods of war include specific dates for World War I, World War II, Korea, Vietnam, and the Gulf Wars. The veteran need not have served in the war zone to qualify.
Need for Daily Assistance
In addition to military service, the veteran or surviving spouse must be in need of assistance on a regular basis, as certified by a physician. This requirement is met if the claimant is:
- Blind; or
- Living in a nursing home; or
- Has physical or mental incapacity that requires assistance to protect the individual from hazards encountered in his or her daily environment.
Income and Asset Requirements
The VA assesses income and asset information to determine eligibility. Assets generally must be less than $80,000 not counting the home, although the VA can adjust this figure using an age analysis. The VA does not penalize veterans or surviving spouses who give away assets to qualify for the Aid & Attendance benefit. But giving away assets can result in harsh Medicaid penalties. Recurring medical costs, such as home health, and assisted living and nursing home care are deducted
from the veteran's or spouse's income. If the net income is less than the maximum benefit payment, the claimant meets the income criteria.