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Veterans (VA) Benefits that Increase Income to Pay for Long Term Care

If you are a Veteran or a Widow of a Veteran, you may be able to obtain tax free income from the VA to help pay for the cost of home health care, assisted living care, and nursing home care. The benefit is referred to as “Improved Pension” or “Non-Service Connected Pension.” This simply means that the benefit is not related to a service-connected injury; rather, it is a pension benefit that may be available due to the Veteran’s service to our country.In addition to the Pension, a person who is housebound or in need of the assistance of another person with activities of daily living may receive additional pay called Housebound Benefits or Aid and Attendance Benefits, which is a supplement to the Pension. The basic eligibility requirements are detailed below:

I. Basic Eligibility Criteria for Pension, Housebound and Aid and Attendance

All of the following criteria must be met before a veteran or widow(er) of a veteran can receive Improved Pension benefits:

  1. The veteran must have served at least 90 days of active service with at least one day of service during one of the following VA approved Wartime periods.

WWII – December 7, 1941 thru December 31, 1946
Korean War – June 27, 1950 thru January 31, 1955
Vietnam Era – August 5, 1964 thru May 7, 1975 (if serving anywhere)
Vietnam Era – February 28, 1961 thru May 7, 1975 (if in the Country of Vietnam)
Persian Gulf – August 2, 1990 thru the present

  1. The veteran must have received a discharge that is anything other than dishonorable.
  2. If the veteran is alive, he must be over the age of 65 OR rated 100% disabled.
  3. For a widow(er), they must have been married to the Veteran at their time of death and not have remarried after the death.

II. Improved Base Pension Rates

The claimant must meet all the criteria above (exception: Widowed spouses are not required to be over the age of 65). There is no set limit on how much net worth or income a claimant can have, but net worth cannot be excessive. The decision as to whether a claimant’s net worth is excessive depends on the facts of each individual case. The amount of net worth/assets and income a claimant is permitted depends on a number of factors including, but not limited to: the age of the claimant and the amount of un-reimbursed medical expenses incurred by the claimant and the claimant’s spouse.

BASE Pension Income Rates for 2012 the Claimant may be eligible for:

  1. Veteran with no dependents –  $1,021/month; $12,256/year
  2. Veteran with one dependent –  $1,337/month; $16,051/year
  3. Widow(er) with no dependents –  $684/month; $8,219/year
  4. Healthy Veteran with Ill Spouse –  $1,337/month; $16,051/year

III. Housebound Benefits

Housebound Benefits are an enhanced special monthly pension benefit paid in addition to basic pension. A claimant may not receive this addition without first establishing eligibility for basic VA pension. Pension benefits with a Housebound supplement are available to a veteran or widow(er) of a veteran who is determined to be disabled and is essentially confined to the home. The two ways to prove entitlement include:

  1. A single permanent disability rated as 100% disabling under the VA schedule and confined to the dwelling, or
  2. A 100% disability with another 60% disability, regardless of whether or not the person is confined to the dwelling.

Notwithstanding in the above two methods of proof requiring some sort of disability, a disability rating is not required for people aged 65 or older.

Pension with Housebound Status Income Rates for 2012 the Claimant may be eligible for:

  1. Housebound veteran with no dependents –  $1,248/month; $14,978/year
  2. Housebound veteran with one dependent –  $1,564/month; $18,773/year
  3. Housebound widow(er) without dependents –  $837/month; $10,046/year

IV. Aid & Attendance (A&A)

Aid and Attendance is an enhanced special monthly pension benefit paid in addition to basic pension. A claimant may not receive this addition without first establishing eligibility for basic VA pension. Pension benefits with an Aid & Attendance supplement are available to a veteran or widow(er) of a veteran who meets at least one of the following conditions:

  1. Claimant is blind; OR
  2. Claimant is a patient in a nursing home due to mental or physical incapacity; OR
  3. Claimant is unable to:
  1. dress/undress or keep self clean and presentable
  2. unable to attend to the wants of nature OR
  3. Claimant requires the aid of another person in order to perform his or her activities of daily living, such as bathing, feeding, dressing, attending to the wants of nature, adjusting prosthetic devices, or protecting himself/herself from the hazards of his/her daily environment; OR
  4. Claimant is bedridden, in that his/her disability or disabilities requires that he/she remain in bed apart from any prescribed course of convalescence or treatment.

Pension with A&A Status Income Rates for 2012 the Claimant may be eligible for:

  1. Veteran with no dependents –  $1,703/month; $20,447/year
  2. Veteran with one dependent –  $2,019/month; $24,239/year
  3. Widow(er) with no dependents –  $1,094/month; $13,138/year
  4. Healthy Veteran with Ill Spouse –  $1,337/month; $16,051/year
    – veteran can get pension only when alive and spouse needs assistance

V. Accreditation by VA

As of June 23, 2008, the VA began REQUIRING that ANYONE who assists a veteran or family member with the preparation, presentation and prosecution of a claim for benefits to be accredited by and through the VA BEFORE they can legally provide assistance. Thus, to protect yourself while going through the VA process, make sure you are using an accredited agent. To check if a person is accredited, you can go to: United States Department of Veterans Affairs Accreditation Search and type in their name for confirmation. (A one-time agent – usually a family member – does not need to be accredited).

Nathan Ziegler

Nathan has served more than 4,500 families in his 20 years practicing law. He founded Ziegler Estate Law Group to be the first elder firm in West Texas. He enjoys continually cultivating the know-how to provide cutting edge wealth protection and long-term care planning strategies.