Veteran's Benefit Planning
Veterans and surviving spouses of veterans may be entitled to benefits through the Department of Veterans Affairs (VA). These benefits are available even if the
veteran did not retire from the military or suffer injuries while on duty.
Do I Qualify For VA Pension Benefits?
VA pension benefits are available to wartime veterans or their surviving spouses who meet the VA’s service and income/asset requirements. Generally, those requirements are:
1
The veteran must have served at least 90 consecutive days of active duty
2
One of those days must have been during a period of wartime (as defined by the VA)
3
The veteran must have received a discharge other than a dishonorable one
4
The veteran and/or the surviving spouse must have limited income and assets. There is no set number with the VA. With planning, most people can meet this criterion.
5
The veteran must either be over age 65 or have a permanent and total disability
Once these criteria are met, additional money may be available if the veteran or surviving spouse is housebound. Housebound does not mean that a person can never leave his home, but rather that he cannot leave without assistance.
VA Aid And Attendance
A greater monthly benefit may be available if the veteran or surviving spouse requires assistance to perform at least two activities of daily living. The activities of daily living for VA purposes include activities such as bathing, dressing, feeding, using the toileting and transferring. This is known as the VA Pension Benefit with Aid and Attendance Allowance (or often simply called “Aid and Attendance”).
VA Aid and Attendance benefits are the highest level of benefits available within the pension benefit system. The veteran may be eligible, or his or her spouse and/or dependent child.
VA Aid and Attendance benefits may pay out up to $26,748 a year for the single veteran, or up to $31,704 per year for the veteran and spouse. For a surviving spouse or dependent child, benefits may pay up to $17,184 per year.
This benefit is needs-based, meaning it is only available for those individuals who meet income and asset requirements, as well as personal care requirements.
Why Plan For VA Benefits?
Qualifying for VA benefits often requires planning, especially since October 2018. That is when the VA changed its rules, implementing a look-back penalty similar to Medicaid’s, but for three years instead of five years.
Due to that, veterans or surviving spouses who have given a certain amount of money or other assets to anyone in the three years before applying for VA will not qualify for VA pension benefits.
In addition, our attorneys are sensitive to the effects VA planning has on potential Medicaid benefits in the future. VA planning, if done incorrectly, can be damaging financially if nursing home care is later needed, as is often the case. The use of annuities and irrevocable trusts can create short-term gain with much greater long-term loss. An elder law attorney needs to evaluate what is appropriate for each family.
VA Aid And Attendance: What Are The Facts?
If you are a veteran or the surviving spouse of a veteran, you may have heard of the VA Aid and Attendance benefit (often mistakenly called “Aid and Assistance.”) There is a lot of misinformation about VA benefits swirling around.
You’ve come to the right place to learn the facts.
2023 VA Aid and Attendance Maximum Rates
The VA Aid and Attendance benefit is the highest level of VA pension benefit. It can be paid to a veteran who qualifies or to a qualifying surviving spouse or dependent child of a veteran. Below is a chart of the maximum amount the VA will
pay in each situation
As the chart shows, for a qualifying veteran who is married, the VA will pay up to $2,642 (2023) per month. The VA Aid and Attendance benefit can really help veterans, surviving spouses or dependent children stay in their homes or in assisted living and receive the care they need.
VA Aid and Attendance is a needs-based benefit. That means there are caps on income and assets. There is also a care requirement: the veteran or his surviving spouse/dependent child must need assistance with the activities of daily living,
such as feeding, dressing, bathing, toileting, transferring (getting up and around) or adjusting prosthetic devices, or they must be blind or nearly blind, bedridden or in a nursing home. Finally, to qualify, veterans who entered active duty before
September 7, 1980, must have served at least 90 consecutive days on active duty, and at least one of those days must have been during a wartime period. The wartime periods recognized by the VA are as follows:
World War II: December 7, 1941 to December 31, 1946
Korean conflict: June 27, 1950 to January 31, 1955
Vietnam era: February 28, 1961 to May 7, 1975 for veterans who served in the Republic of Vietnam during that period; otherwise August 5, 1964 to May 7, 1975
Gulf War: August 2, 1990 through a future date to be set by law or presidential proclamation (24 months, rather than 90 days, of active-duty service required)
