Our firm will help veteran’s determine their eligibility for benefits they are owed for their service to our country. A veteran who served during wartime and the surviving spouse of such a veteran may be eligible for a Veterans Benefits Administration in the form of monthly cash assistance. These payments can pay for a caregiver in your home or help defray the cost of living in an assisted living facility or a nursing home.
To receive Pension benefits from the VA, the veteran must have served at least 90 days of active duty service with at least one day during a wartime period. Additionally, the Veteran must be:
- Age 65 or older, OR
- Totally and permanently disabled, OR
- A patient in a nursing home receiving skilled nursing care, OR
- Receiving Social Security Disability Insurance, OR
- Receiving Supplemental Security Income
Aid and Attendance is a form of VA Pension that results in greater monetary assistance. To qualify for Aid and Attendance, the veteran must require “the aid and attendance of another person” to such an extent that the veteran requires assistance with activities of daily living, such as dressing or grooming.
The Veteran’s Administration has eligibility tests, which include an asset and income test. Too often, attorney who practice Medicaid planning do not consider the potential benefit of VA Aid and Attendance Pension or confuse the income and asset tests between Medicaid and VA benefits. There is no set asset level for VA benefits. Instead, the VA determines whether or not the applicant’s “net worth” in light of his or her life expectancy, assets, spouse’s assets, and projected medical costs for the veteran.
The VA Income Test is based on the Maximum Annual Pension Rate (MAPR). All income in the veteran’s name and the veteran’s spouse will be counted towards the calculation.
The Veteran’s Administration requires that only a person who is accredited by the VA can assist a veteran with the preparation or prosecution of a claim. Kyle J. Belz, Esq., is accredited by the Veteran’s Administration. Generally, a family member who is assisting as a one-time agent does not need to be accredited.
All Life Legal may help you determine whether you are eligible for VA benefits and help you develop a plan for eligibility, and we may charge you for such an assessment. We are prohibited by law from charging you to assist with the actual preparation, presentation, and prosecution of your claim, as are all attorneys. An attorney can charge to represent a veteran in an appeal of a denied claim.