Veteran Benefits Archives | ��Ǻ��, P.C.

Veterans Benefits

Ana Despotov — Mon, 03 May 2021 18:47:00 +0000

Most veterans are not aware of the wide range of benefits they may be entitled to under the United States Department of Veterans Affairs even if they did not directly retire from the military or suffer injuries in the line of duty. For example, there is a benefit referred to as the improved Pension through the Department of Veteran’s Affairs (VA), more commonly referred to as Aid and Attendance Pension. Assuming you meet the eligibility requirements, the VA permits payments to care givers (including family members, but not spouses) for care provided to the veteran and/or the spouse. This benefit is also commonly used for veterans and/or the surviving spouses who reside in an assisted living facility. This monthly benefit can be used along with income in order to prevent the depletion of assets for care services.

Three Main Requirements to Qualify for Aid and Attendance

First, the claimant must have served at least 90 days active duty with one day served during wartime. There are specific wartime periods: World War I (April 6, 1917 – November 11, 1918); World War II (December 7, 1941 – December 31, 1946); Korean conflict (June 27, 1950 – January 31, 1955); Vietnam era (February 28, 1961 – May 7, 1975 for Veterans who served in the Republic of Vietnam during that period; otherwise August 5, 1964 – May 7, 1975); or Gulf War (August 2, 1990 – through a future date to be set by law or Presidential Proclamation). The claimant must have received a military discharge “other than dishonorable.”

Second, the claimant must be declared permanently and totally disabled. The definition for “permanently and total disability” is residing in a nursing home, total blindness, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person to complete his or her daily activities. In most circumstances, if the claimant can show he or she requires assistance with at least two activities of daily living (i.e. bathing, dressing, ambulating), the disability requirement is satisfied.

Third and final, the claimant must meet the financial means test. Unfortunately, there is no set financial standard which can make it very difficult to ascertain if the claimant qualifies for the benefit. As a general rule, the claimant should not have more than $130,773.00 in net worth excluding the home of the claimant. Additionally, the claimant must make a showing that his or her monthly unreimbursed medical expenses exceed his or her monthly income. When making this determination, the claimant should add up all of his or her monthly medical costs, including but not limited to the cost of services provided by professional caregivers as well as family members and rent paid to an assisted living.

Benefits Provided by the Aid and Attendance Pension

Once all three prongs are satisfied, the veterans and/or spouse can receive this pension. The maximum benefit available for a single veteran in 2021 is $1,936.50 per month. A widow of a veteran is eligible for a maximum benefit of $1,484.50 per month in 2021. A married veteran is eligible for $2,127.00 per month in 2021. A veteran couple is eligible for $3,017.75 per month in 2021.

An Elder Law Attorney Can Help Plan for VA Benefits

It is imperative to understand that currently there is no look-back period for VA planning which makes asset eligibility and planning possible in most cases. There is planning that can be done in order to qualify the veteran or the surviving spouse for this benefit. The application process can be lengthy, but the claimant can always seek from a local accredited VA attorney or through the United States Veteran’s Services Agency, Human Services Division. If the benefits are denied, applicants should be aware that the decision for these claims can be appealed by the veteran and/or the surviving spouse. For legal advice regarding VA benefits, get in touch with an experienced elder law attorney.

The post Veterans Benefits appeared first on ��Ǻ��, P.C..

VA Planning

Ana Despotov — Fri, 04 May 2018 15:06:00 +0000

Most veterans are not aware of the benefits they are entitled to under the Veterans Administration. For example, there is a benefit referred to as the improved Pension through the Department of Veteran’s Affairs (VA), more commonly referred to as Aid and Attendance Pension. Assuming you meet the eligibility requirements, the VA permits payments to care givers (including family members, but not spouses) for care provided to the veteran and/or the spouse. This benefit is also commonly used for veterans or the surviving spouses who resided in an assisted living facility. This monthly benefit can be There are three main requirements to qualifying for Aid and Attendance.

Third and final, the claimant must meet the financial means test. Unfortunately, there is no set financial standard which can make it very difficult to ascertain if the claimant qualifies for the benefit. As a general rule, the claimant should not have more than $50,000.00 – $80,000.00 in net worth excluding the home of the claimant. Additionally, the claimant must make a showing that his or her monthly unreimbursed medical expenses exceed his or her monthly income. When making this determination, the claimant should add up all of his or her monthly medical costs, including but not limited to the cost of services provided by professional caregivers as well as family members.

Once all three prongs are satisfied, the veterans and/or spouse can receive this pension. The maximum benefit available for a single veteran in 2018 is $1,830.00 per month. A widow of a veteran is eligible for a maximum benefit of $1,176.00 per month in 2018. A married veteran is eligible for $2,170.00 per month in 2018. A veteran couple is eligible for $2,903.00 per month in 2018.

It is imperative to understand that currently there is no look-back period for VA planning which makes asset eligibility and planning possible in most cases. The application process can be lengthy, but the claimant can always seek from a local accredited VA attorney or through the United States Veteran’s Services Agency, Human Services Division.

The post VA Planning appeared first on ��Ǻ��, P.C..

What Is the VA Aid and Attendance Pension?

Ana Despotov — Fri, 04 Nov 2016 21:46:00 +0000

Question: Does the Veterans Administration provide any benefits to receive assistance at home?

Answer: There is a benefit referred to as the improved Pension through the Department of Veteran’s Affairs (VA), more commonly referred to as Aid and Attendance Pension. Assuming you meet the eligibility requirements, the VA permits payments to care givers (including family members, but not spouses) for care provided to the veteran and/or the spouse. There are three main requirements to qualifying for Aid and Attendance.

Qualifying: How to Get Aid and Attendance Approval

Third, the claimant must meet the financial means test. Unfortunately, there is no set financial standard which can make it very difficult to ascertain if the claimant qualifies for the benefit. As a general rule, the claimant should not have more than $50,000.00 – $80,000.00 in net worth excluding the home of the claimant. However, the Veterans Administration may require a lesser net worth for older applicants. Additionally, the claimant must make a showing that his or her monthly unreimbursed medical expenses exceed his or her monthly income. When making this determination, the claimant should add up all of his or her monthly medical costs, including but not limited to the cost of services provided by professional caregivers as well as family members.

Maximum Benefits for this Program

Once all three prongs are satisfied, the veterans and/or spouse can receive this pension. The maximum benefit available for a single veteran in 2016 is $1,788.00 per month. A widow of a veteran is eligible for a maximum benefit of $1,149.00 per month in 2016. A married veteran is eligible for $2,120.00 per month in 2016. A veteran couple is eligible for $2,837.00 per month in 2016.

Currently there is an unofficial look- back period of one year, meaning applicants must establish eligibility one year prior to application. The application process can be lengthy, but the claimant can always seek assistance from a local accredited VA agency or through the United States Veteran’s Services Agency, Human Services Division. For legal advice regarding the Aid and Attendance Pension, consult with an experienced elder law attorney.

– Nancy Burner, Esq.

The post What Is the VA Aid and Attendance Pension? appeared first on ��Ǻ��, P.C..

VA Benefits

bplprod — Thu, 12 Feb 2015 18:34:00 +0000

Question: My father is a World World II Veteran. He is 89 years old and lives alone. Unfortunately, his health is declining and he needs some assistance with his activities of daily living. What benefits might be available to him? What estate planning would he need to complete in order to be eligible for these benefits?

Answer: The first benefit your father may be eligible to receive is the VA pension. In order to receive this monthly stipend, your father must have at least 90 days of active duty service, with at least one day during a . The Veterans Administration considers the following dates as “wartime:

World War I
(April 6, 1917 – November 11, 1918)
World War II
(December 7, 1941 – December 31, 1946)
Korean conflict
(June 27, 1950 – January 31, 1955)
Vietnam era
(February 28, 1961 – May 7, 1975 for Veterans who served in the Republic of Vietnam during that period; otherwise August 5, 1964 – May 7, 1975)
Gulf War
(August 2, 1990 – through a future date to be set by law or Presidential Proclamation)

The Veteran must also be age 65 or older, totally and permanently disabled, a patient in a nursing home receiving skilled nursing care, receiving Social Security Disability Insurance, or Receiving Supplemental Security Income.

Assuming your father met the service requirements, the Veterans Administration will do a financial analysis of both his income and his assets to determine whether or not your father is eligible for the pension. In order to receive the pension, your father’s income and assets must be less than the limits as set forth by Congress.

While the Veterans Administration does publish its income rates each year, the net worth threshold is not exactly clear. However, many practioners believe that seniors with less than $80,000.00 in assets are usually eligible for the pension. Unlike community Medicaid, which exempts the homestead while the applicant is living there and retirement accounts, the Veterans Administration considers homes and retirement accounts as available resources, making it difficult to stay under the $80,000 threshold. However, by creating an irrevocable trust that complies with the Veterans Administration’s requirements, assets can be transferred to said trust and will be disqualified as available resources. It should be noted that retirement accounts, if transferred to the trust, will cause a taxable event and therefore should never be transferred unless the potential benefit outweighs the tax consequences.

The irrevocable trust authorized by the Veterans Administrations as acceptable for protecting assets, is not the same as a traditional Medicaid Qualifying irrevocable trust. Namely, the trust must provide that the grantor (the creator of the trust) is not entitled to any income. This is in contrast to the Medicaid Qualifying trusts, which often permit the grantor to receive income from their trusts.

The Veterans Administration appears to be becoming more strict with their analysis as recently assets in an otherwise acceptable Veteran’s Trust were considered available to the grantor because of a simple provision which stated “We are creating this trust as part of our estate plan to ensure efficient management, administration and protection of the trust assets for our beneficiaries.” The applicant was denied benefits because the Veterans Administration felt the provision implied that the applicant was trying to “build up their estate” and that the VA pension was not designed to do so. Moreover, while there is currently no look-back for the VA pension, there are new regulations expected which would include a 36 month look-back period. This would mean assets would have to be transferred 36 months prior to application in order for an over-resourced Veteran to be eligible for the VA pension.

Unfortunately, the maximum annual pension rates are quite low for many seniors living on Long Island. For instance, the rate for a single Veteran is was only $12,652 in 2013. This means that if your father’s income exceeded $12,652, he would not be entitled to any pension benefit. However, if his unreimbursed medical expenses exceeded 5% of the maximum annual pension rate, any expense over the 5% would be deducted from his income thus increasing his chance of receiving more funds. For example: if your father’s income was $16,000 in 2013 he would not be entitled to receive the VA pension because his income exceeded the rate for that year. However, if your father had medical bills totaling $5,632 (including pay an aide or assisted living expenses, etc.), any amount over $632 (5% of the maximum annual pension rate), could be deducted from his income. In this example, we could deduct $5,000 from his income of $16,000 bringing him to $11,000. If we then deduct $11,000 from $12,652, we can calculate that your father would have been eligible for a benefit of $1,652 for 2013.

If a Veteran, or their spouse, is entitled to the VA pension and his housebound or requires the assistance of another person to complete their activities of daily living, they may also be entitled to a second benefit called Aid and Attendance. Since the Aid and Attendance allowances increase the maximum annual pension rate, even those whose high income make them ineligible for the basic VA pension, may be eligible for benefits under the Aid and Attendance income limits. Using the same chart from 2013, the maximum annual pension rate for a single Veteran on Aid and Attendance increased greatly to $21,107.

The Aid and Attendance program will increase the monthly pension amount if your father meets one of the following conditions:

You require the aid of another person in order to perform personal functions required in everyday living, such as bathing, feeding, dressing, attending to the wants of nature, adjusting prosthetic devices, or protecting yourself from the hazards of your daily environment

You are bedridden, in that your disability or disabilities requires that you remain in bed apart from any prescribed course of convalescence or treatment
You are a patient in a nursing home due to mental or physical incapacity
Your eyesight is limited to a corrected 5/200 visual acuity or less in both eyes; or concentric contraction of the visual field to 5 degrees or less
You are substantially confined to your immediate premises because of permanent disability.

If you think your father may be eligible for one or both of these benefits, contact your VA regional office to file a claim.

Disclaimer: The author references 2013 rates as this is the most recent rate published by the Veterans Administration’s website. For current rates, please contact your regional Veterans Administration office.

The post VA Benefits appeared first on ��Ǻ��, P.C..

Veteran Benefits Programs

bplprod — Tue, 09 Sep 2014 19:02:00 +0000

Are you or a loved one missing out on unclaimed Veteran benefits?

Many Long Islanders have a family member who has proudly served in our military. Many of these Veterans are unaware of the benefits that may be available to them. Often times, family members and friends are the ones to convince Veterans to pursue benefits for themselves and their dependents. While many seniors seek assistance in maneuvering the complex world of government benefits and entitlements, most are not aware of the various all programs available to Veterans.

The differing requirements for each individual program, only adds to the confusion and the complications surrounding veterans assistance programs. Common requirements for access to programs include discharge status, war time service, pension status, disability rating and net worth. The first important document is a copy of the veterans DD-214 which is proof service. Veterans or the “next-of-kin” of deceased veterans can request a copy of the DD-214 and other military records.

Below are some of the programs available to assist veterans and their dependents.

Aid and Attendance (A&A): Veterans and surviving spouses who require assistance with eating, bathing, dressing, medication dosing or other basic care needs may be eligible for A&A. This benefit is not dependent upon service related injuries, but is based upon financial means with income and asset limits. Those eligible receive a monthly allotment to help pay for care in the home, Nursing home or Assisted living facility.
Housebound allowance: Veterans who are over the age of 65 and are substantially confined to the home due to disability can receive this benefit in addition to monthly pension. The VA does not require a veteran to be bedbound and eligible veterans can leave the home, with assistance, for medical care or rehabilitation.
Disability compensation for service related injuries or diseases: Disability compensation is a monthly tax-free benefit paid to Veterans based upon a graduated disability scale from 10 percent to 100 percent. In order to be eligible a veteran must show that the disease or injury was incurred or aggravated during active military service, or arose later as a result of the veteran’s service. A veteran must offer medical evidence of a current physical or mental disability and must offer evidence of a relationship between the claimed disability and a specific injury, disease or event in military service.
VA extended care: Veterans with a service connected disability rating (or combined disability ratings) of 70 percent or higher or a service-connected disability that’s clinically determined to require nursing home care may be provided with long-term nursing care. Eligible veterans may qualify for residence in a VA nursing home or if no VA nursing home is nearby the VA may pay for the veteran to reside in a nearby nursing home if that facility has a contract with the VA to provide care to veterans.
VA burial allowance: The VA may reimburse some of the burial expense of an honorably discharged veteran paid if the veteran has not been reimbursed by another government agency or some other source.
Death benefit dependency and indemnity compensation (DIC): This is a monthly benefit aid to an eligible surviving spouse of a veteran who either, died while on active duty; died as a result of a service-related injury or disease; or died as a result of a non-service related injury or disease and was receiving or was eligible for VA compensation.
Death pension for veteran’s surviving spouse or unmarried child: The surviving spouse or dependent child of a veteran may be eligible for a death pension if the veteran was honorably discharged and served 90 days or more of active duty with at least one day during wartime. For veterans who enlisted after September 7, 1980 the veteran must have served 24 months instead of 90 days with at least one day of wartime service.
Discharge status: Unfortunately many veterans who received other-than-honorable discharges often find themselves barred from government funded programs and many non-profit agencies. However, even if a veteran has received an ”other-than-honorable” discharge it is not a complete bar and they may still receive assistance and aid from various local programs
Recent rule change to discharge status upgrades: In March of this year several veterans filed a lawsuit against the Defense Department alleging that discharge upgrade applications from veterans with claims and evidence of Post- traumatic stress syndrome (hereinafter “PTSD”) were wrongfully denied. In response Defense Secretary Chuck Hagel released a Sept. 3^rd memo stating that veterans seeking a revised discharge may receive one if they can prove that they suffered from PTSD at the time of service, that the cause was related to military service and that the symptoms were a factor in the misconduct underlying the other-than-honorable discharge.

These are valuable benefits earned by our military men and women. If you know a Veteran in need, urge him or her to find out more about the assistance that may be available.

– Nancy Burner, Esq.

The post Veteran Benefits Programs appeared first on ��Ǻ��, P.C..

VA Healthcare

bplprod — Thu, 19 Jun 2014 17:37:00 +0000

Question: All of the attention in the news recently about the Veteran’s Administration Health Care System has made me wonder whether I am entitled to any assistance with paying for my prescriptions drugs?

Answer: The Veteran’s Health Administration (VHA) is the arm of the Veteran’s Administration that administers healthcare to eligible veterans. The Veterans Health Administration is America’s largest integrated health care system with , serving 8.76 million veterans each year. The VHA can assist elderly veterans with inpatient and outpatient care, nursing home care, home health care, adult day care and respite care. In addition, assistance with the payment for prescription drugs is also available for veterans who have enrolled in the system. In order for a veteran to receive any benefits that may be available through the healthcare system he must “enter” the system. This is done by completing VA form 10-10 EZ available on the internet at . The form can be completed online. In addition to certifying your military service, you will have to provide information pertaining to your income and assets. Once you have completed the form and entered the system you will be assigned to one of eight priority groups. Priority Group One is the highest. Those in priority group one will have no costs associated with the care they receive through the VA and will also have no wait time for care. Priority Group One consists of those veterans who have a significant service connected disability and are unable to work as a result of that disability. Compare that with those veterans assigned to Priority Group Eight, these veterans are often without service connected disability and have either a high net worth, high income or both. Although these veterans can access healthcare through the system, they will have costs associated with accessing this care. Once you have completed the form, you will be required to have a physical examination by a VA physician; this is one more factor that will help to determine which priority group you are placed in. The lower the priority group the more benefits available to the veteran. Once enrolled in the system, the veteran can choose how much or how little they use the benefits. Enrolling in the system does not mean that you have to abandon your existing health coverage, only that you have an additional layer of coverage should you choose to use it. Enrolling in the system does not mean that you have to stop using your own doctors or your existing coverage through Medicare or any private insurance you may have.

Prescription drug coverage is a valuable benefit available through the VHA. Prescriptions can be obtained through the VA clinic, or in the alternative, you can rely on the VA solely to fill the prescription. In this case, the veteran received his prescription from his or her private physician and relies on the VA to fill the prescription. The savings can be significant. This is an extremely beneficial and often overlooked benefit of the Veterans Administration. Apply online or contact your local branch of the Veterans Administration for assistance in locating the treatment center closest to you.

– Nancy Burner, Esq.

The post VA Healthcare appeared first on ��Ǻ��, P.C..

Veteran Benefits Archives | ���Ǻ���, P.C.

Veterans Benefits

Three Main Requirements to Qualify for Aid and Attendance

Benefits Provided by the Aid and Attendance Pension

An Elder Law Attorney Can Help Plan for VA Benefits

VA Planning

What Is the VA Aid and Attendance Pension?

Qualifying: How to Get Aid and Attendance Approval

Maximum Benefits for this Program

VA Benefits

Veteran Benefits Programs

VA Healthcare

Veteran Benefits Archives | ��Ǻ��, P.C.