Fairfax, Virginia, Life Care Planning Lawyers
Many wartime veterans — and spouses or surviving spouses of veterans — are unaware of the Department of Veterans Affairs (the VA, also called the Veterans Administration) Aid and Attendance benefit. The A&A benefit can provide much-needed assistance when a veteran or a veteran’s spouse needs nursing home, assisted living or in-home care. Our knowledgeable attorneys can advise you about the availability of these benefits.
The maximum benefit rates for Aid and Attendance are:
Single Veteran $1,664 per month ($19,736 per year)
Married Veteran $1,949 per month ($23,396 per year)
Widowed Spouse $1056 per month ($12,681 per year)
Veteran Married to Veteran $2,540 per month ($30,480 per year)
Wartime Service Requirement
To qualify for the 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 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
- Living in a nursing home
- Needs assistance with dressing or grooming
- Has a 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. Recurring medical costs, such as home health, 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.
Assets generally must be less than $80,000, although the VA can adjust this figure using a net worth calculation. The VA does not penalize veterans or surviving spouses who give away assets to qualify for the Aid and Attendance benefit. But giving away assets can result in harsh Medicaid penalties.
Seek Professional Advice
Our attorneys can help you plan for this valuable benefit. We will consider the impact of your planning on potential Medicaid benefits to be sure you are well-protected. Click here to read more about the services we can provide as Veterans Benefits consultants.
Contact us today to schedule an appointment for an informative consultation. Can't travel? We'll bring our office to you.
