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Wartime Veteran’s and widow(er)s of wartime veterans may be eligible to receive additional benefits from the VA if they need assistance with their activities of daily living (bathing, walking, eating, toileting, dressing). 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.
The following information is excerpted from the “Nuts and Bolts to Veterans Benefits:”
Most people think of veterans benefits as being only for servicemen and -women who were wounded or disabled while serving in the armed forces. By and large, that is true. But—we have learned that there are substantial benefits that may be available to wartime veterans who are now senior citizens and are facing the burden of long term care due to a host of diseases such as Alzheimer’s, Parkinson’s, MS, Lou Gehrig’s Disease, and many others. In fact, the Veterans Administration estimates that millions of wartime veterans and their spouses may be eligible for Special Monthly Pension benefits, and not even be aware of it!
Wartime veterans, or their surviving spouses, become eligible for the Special Monthly Pension benefit when they are over 65 years of age, are permanently disabled and unable to work, are homebound, or need the regular aid and attendance of another—whether at home, in assisted/supportive living, or in a nursing home. The program is based on actual financial need for assistance, so there are income and asset limitations…
A Medicaid trap…
Another important factor that one must consider when thinking about trying to meet the VA asset limitation test is that giving away cash or other things of value can create terrible problems for senior citizens if or when they later need to apply for Medicaid to assist them with skilled nursing home care. Giving away assets can create a long penalty period of ineligibility for Medicaid benefits. Any senior facing long-term care needs to seek capable legal advice from an attorney who is skilled in the areas of estate planning, financial planning options, Medicaid, Medicare, income tax, and gift tax, as well ashaving experience regarding VA rules.
The big question for many families will be, “What will it cost me to seek advice in this area?” Although an attorney who chooses to actually file a claim for veterans benefits must do that portion of his/her work for free, the attorney may charge the usual fees related to any estate planning, financial planning options, Medicaid, Medicare, income tax, or gift tax work, as well as the determination of the financial suitability of filing for a veterans benefit claim. No one should pay an attorney fee unless receiving a fair return on his/her investment.
The Nuts and Bolts Guide to Veterans Benefits
Veterans Survival Guide
Only three types of persons are authorized to provide a veteran with assistance filing a claim for veterans benefits:
1. An attorney licensed to practice law in your state and accredited through the VA;
2. A veterans service organization such as VFW, American Legion, Amvets, etc.;
3. A state or county official of the Dept. of Veterans Affairs in your state.
The attorneys at Wilson Elder Law Center are accredited with the VA. Our attorneys and staff members have attended numerous intensive training sessions to learn how to help our veterans and families qualify for this important earned benefit.
Contact Wilson Elder Law today if you think you may qualify.
Call us toll free at 1-888-423-3133.
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