Our veterans are heroes. They deserved the best we can give them. Many veterans and their families are not aware of the Veterans Aid and Attendance Pension Program. This program is a wonderful benefit for veterans who served during wartime. It provides assistance with the cost of home care or living facilities. The “look-back” period for those who transfer assets is three years and the rules are complex for the average applicant. For those veterans who are applying for benefits it may be worthwhile to consult with an Elder Law Attorney who has experience in this specialized area. To help veterans, benefits were significantly increased this year.
Background:
It is a “needs-based” benefit that is paid to certain veterans and their survivors.
Eligibility:
There are three components for eligibility. They are:
Qualifying Military Service:
The veteran must have served at least 90 days of active duty with at least one day during “wartime,” defined:
- WWII – December 7, 1941 to December 31, 1946
- Korean Conflict – June 27, 1950 to January 31, 1955
- Vietnam Era – August 5, 1964 to May 7, 1975; February 28, 1961, for veterans who served “in country” before August 4, 1964
- Gulf War – August 2, 1990 to a date yet to be set by law or Presidential proclamation
Other Qualifications
The veteran must have an Honorable or General (Under Honorable Conditions) discharge.
If the veteran entered the service after September 7, 1980, he or she must have served a minimum of 24 months of continuous active duty (with some exceptions).
The veteran/widow must be at least 65; if under 65 he or she must be totally disabled. Medical evidence must be submitted. For a single surviving spouse applying for a Death Pension benefit, the deceased veteran does not have to meet any disability or age requirements nor does the surviving spouse need to meet any disability requirements, regardless of his or her age. The surviving spouse must have been married to the veteran at the veteran’s death, must be single at the time of application and cannot have remarried after November 1, 1990. A medical need for assistance or supervision due to disability in most cases is critical to getting or not getting the pension benefit.
Medical Necessity:
Assistance by another person with two “Activities of Daily Living” (ADLs): bathing, eating, dressing, toileting, ambulating and/or hygiene. The program now includes “Instrumental Activities of Daily Living” (IADLs). It also includes adjusting prosthetic devices and is available to those in this group who are blind. The rules now state when residence at a care facility other than a nursing home could be considered as a medical expense.
Financial Eligibility:
Income: The household income of the veteran and/or the surviving spouse cannot exceed the Maximum Allowable Pension Rate (MAPR) for that category of application. Generally, the household non-reimbursed medical expenses must exceed or come close to the total annual household gross income.
Net Worth:
Generally, assets cannot exceed $138,489, excluding home, vehicles, and personal property (see below).
2022 Maximum Benefit Amounts – Per Month for Qualifying Veterans:
Single veteran $1,830
Surviving spouse $1,176
Married veteran $2,169
Two married veterans who both need the benefit $2,903
Look Back Period
The VA imposed a 36 month “look-back” period which means that anyone who applies now must disclose any asset transfer that occurred within the prior 36 months. The amount of transfer that is subject to a penalty is defined as the “Covered Asset.” The Covered Asset is the asset that was part of the applicant’s net worth ($138,489 max). All gifts, if assets, within the look-back period will be presumed to be with the intent of qualifying for the pension and will be subject to the penalty.
“Countable income” includes most income that a veteran or surviving spouse receives. Examples include earnings, retirement and pension payments, social security, and social security disability payments. However, one’s “countable income” can be reduced by subtracting Unreimbursed Medical Expenses (UMEs) from their annual income. Examples of UMEs include the cost of home health services, dentures, hearing aids, wheelchairs, premiums for health insurance, and prescription drugs. While UMEs can be deducted to lower one’s countable income, increasing one’s pension benefit amount, it isn’t as straightforward as it sounds. For UMEs to be deducted, the total amount must be greater than 5% of the MAPR.
The program is complex for the average applicant. For those veterans who are applying for benefits it may be worthwhile to consult with an Elder Law Attorney who has experience in this specialized area. Our website provides some elder attorneys in the southeast Florida area.
