Veterans Benefits - Non Service Connected Pension (Aid & Attendance)

If you are a Veteran, "thank you". You served your country when you were needed. Your country has resources available to you to help you in your time of need.

CASE STUDY Dan & Mary were still getting along pretty well at home. Their daughter, Carol was able to return to work after they found a good caregiver to come in every day. However, they were worried about the cost. When they learned that Dan's military service during the Korean War could entitle them to access the Special Pension commonly known as Aid & Attendance if they met certain other requirements, they realized that they wouldn't have to move from the family home, yet. Furthermore, the pension could be used to pay for assisted living care in the future.

Many senior Veterans, their Spouses, Widowed Spouses, and disabled adult children are eligible to receive special pension benefits to help pay for the cost of their medical care even though the Veteran was not wounded or disabled while serving. Married Veterans who need the regular aid and attendance of another person may find that they can receive up to $23,396 per year to pay for that care. This Special Monthly Pension can provide the financial resources to help them stay at home longer or defray the cost of Assisted Living thereby delaying the possible need for nursing home care.

The biggest problem is that they don't know about 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 financial need for assistance, so there are also income and asset limitations.

General Eligibility

Service Requirements
Eligibility for Aid & Attendance is based upon discharge from active military service under other than dishonorable conditions. To be eligible, the veteran must have completed 90 days or more of active military service, at least one day of which was during a period of war. Honorable and general discharges qualify a veteran for most VA benefits.

The VA recognizes these war periods (there are prior periods too, not listed, such as World War I):

• World War II: Dec. 7, 1941, through Dec. 31, 1946.
• Korean War: June 27, 1950, through Jan. 31, 1955.
• Vietnam War: Aug. 5, 1964 (Feb. 28, 1961, for those who served "in country" before
• Aug. 5, 1964) through May 7, 1975.
• Gulf War: Aug 2, 1990, through a date to be set by law or Presidential Proclamation.

Need Requirements

Income
Not all income will be counted by the VA in determining the amount you will receive. The VA looks at "countable income" which is generally your income minus unreimbursed medical expenses such as Medicare premiums, insurance premiums, medical copayments, prescriptions, dental visits, eyeglasses, the cost of in-home aides and assisted living expenses. The maximum allowable pension is then reduced by the amount your income exceeds those medical expenses.

Assets
In addition to your house, car, life insurance, burial policies, and annuities in payout status, you can generally have up to $80,000 in assets, including CDs, stocks, bonds, etc. If your net worth is higher, you may be able to transfer some of your assets to qualify. Please see us for more details.

A Medi-Cal Trap...
Many veterans who rely on Aid & Attendance to pay for care in the home or in an assisted living facility want to access the larger Medi-Cal benefits to pay for long-term care in a nursing home if that becomes necessary. This is because even maximum Aid & Attendance benefit covers only a fraction of the monthly nursing home cost. Medi-Cal may cover the entire cost. It is vitally important that any asset transfers that are made in order to become eligible for Veterans Benefits do not run afoul of the rules governing Medi-Cal eligibility. Violating the eligibilility rules for Medi-Cal could have devastating consequences. At THE MOYNIHAN LAW FIRM, we help you create a coordinated and comprehensive plan that complies with both sets of eligibility rules and helps assure continued access to the care you need while protecting your assets.