Veterans Benefits that Increase Income to Pay for Long Term Care

Non-Service Connected "Aid and Attendance"

By Mary R. McCormick, J.D., LL.M., CELA¹. Ms. McCormick recently completed her 22nd year as a Navy Reserve lawyer. In her civilian capacity, she assists older adults and their caregivers throughout western Missouri, with an emphasis on obtaining the highest quality long term care. Her elder law firm, McCormick & Fracassa, P.C., located in the Kansas City area, focuses on estate planning, Medicaid and Veterans benefits, and all probate matters, including guardianships and conservatorships.

Editors Note: This information on Veterans benefits is designed to give a brief description of the Aid and Attendance program. The information is current as of November, 2008, but is subject to change at any time. For more detailed information, or for information about Missouri’s nursing homes for veterans and other benefits, you may wish to visit the Missouri Veterans Commission website (http://mvc.dps.mo.gov).

Introduction

Many veterans know of benefits available from the VA’s medical system, but few veterans are aware of the VA’s special pension programs designed to assist wartime veterans, and their surviving spouses, with funds to help offset the cost of long term care. The most generous of these programs is “Aid and Attendance”. This article provides a brief overview of the eligibility criteria for this important, but underutilized, program.

Veteran, Widowed Spouse, or Disabled Adult Child (Any May be a Claimant)

Veteran Must have Served at Least Ninety Consecutive Days on Active Duty; One Day of which was During a War Time Period
Veteran Must have a Discharge that was Other than Dishonorable
Claimant’s Physician Must Declare Him/Her as Housebound or in Need of Assistance from Another Individual, Which May Include Services Offered by Home Health Care, Assisted Living, or Nursing Home Care
Claimant Must have Less than $75,000.00 in Assets, Excluding Home, Car, and Personal Belongings
Meet Income Requirements (and Family Income is Reduced by Amount of Family Medical Expenses)
Widowed Spouse Must have been Married to the Veteran at the Time of the Veteran’s Death, or have had Children by the Veteran and Never Remarried (Minor or Disabled Children May Qualify for Benefits on Their Own)
Widowed Spouse Must have been living with the Veteran at the Time Of the Veteran’s Death, Unless the Separation was Due to Medical Reasons (There May be Some Exceptions Related to Separations Due to Abuse)

If Under Age 65

Claimant must prove disability if under the age of 65. The two ways to prove disability include:

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

Periods of Wartime Service

WWI: April 6, 1917 to November 11, 1918

WWII: December 7, 1941 to December 31, 1946

Korean War: June 27, 1950 to January 31, 1955

Vietnam War: August 5, 1964 (February 28, 1961, for veterans who served “in country” before
August 5, 1964), through May 7, 1975

Gulf War: August 2, 1990, through a date yet to be set

Maximum Pension Rates 2009

Aid and Attendance Homebound Only

Single Veteran $1,644.00 Per Month $1,204.00 Per Month

Married Veteran or With Dependent $1,949.00 Per Month $1,510.00 Per Month

Widowed Spouse $1,056.00 Per Month $ 808.00 Per Month

Other, Related Benefits

Once Awarded Aid and Attendance, a Veteran May Obtain Free Medications, Medical Equipment, Incontinence Supplies, Glasses, and Hearing Aides from the VA Hospital/ Clinic via U.S. Mail Without Going to the VA.

¹ Certified as an Elder Law Attorney by the National Elder Law Foundation. Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations. www.elderlawmo.com