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Veteran’s Aid & Attendance Benefits Planning

There are special pension benefits available to help veterans who served during a war period and/or their widows (claimant) to pay for their medical care.

ASSET AND INCOME LIMITS TO QUALIFY FOR THESE BENEFITS

The claimant may qualify for this benefit if the service, financial and medical qualifications are met. The veteran can, also qualify for medical supplies and medication from the Department of Veteran’s Affairs (VA). This benefit is called Aid and Attendance Pension (A&A). This is not a pension, it is a non-service connected disability.

MAXIMUM A&A Benefit for 2011

Applicant
Status

Max Monthly Benefit Allowed

Married

$1,949

Single

$1,644

Widow

$1,056

These amounts may change each year based on cost of living.

A&A Rules for Qualification

The War Veteran must have:

  • Served 90 consecutive days on active military duty.
  • Received a better than dishonorable discharge.
  • Served at least 1 day of active duty during a war period (there is no requirement that any service be performed in a combat zone).

The Widow(er) must:

  • Not have divorced the veteran or remarried after the veteran’s death.

The Claimant (Veteran or widow(er):

  • The claimant must be certified by a doctor as needing assistance with their daily living activities.

The Household:

  • Must have significantly less than $80,000 in allowable countable assets (subject to the discretion of the VA)
  • The Adjusted Household Income (gross household income less all unreimbursed recurring medical expenses) must be less than the A&A benefit. 

CONTACTING THE VA
The basic information and forms are available at www.va.gov.  

THERE ARE MANY PLANNING OPPORTUNITIES TO HELP CLAIMANTS QUALIFY

In order to qualify for A&A Benefits, the Adjusted Household Income and the Allowable Countable Assets must be below the Threshold Limits.  With proper planning, the claimant can qualify for A&A while preserving their household assets.  This aids the family in paying for medical care and can postpone the depletion of the claimant’s assets.  The goal is to stretch the assets so the family can postpone the need to rely upon Medicaid for care.

At the present time, unlike Medicaid, the VA does not have any rules that restrict the gifting away of assets to reduce the net worth of the claimant before qualifying for A&A.  Therefore everyone that has the service requirements should contact my office to determine the possibility of qualifying for these benefits.  We offer a free telephone interview to determine if you qualify.

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or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt
or viewing of this information does not constitute, an attorney-client relationship.

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