The Department of Veterans Affairs has special programs for Veterans and Widows of Veterans called the Veteran’s Aid and Attendance Pension Benefit. This plan pays for unreimbursed medical expenses. A Veteran can also qualify for medicine and medical supplies, as well as a personal needs allowance.

Attorney John S. Burton is an Accredited Attorney with the Department of Veterans Affairs and is authorized to prepare, present and prosecute claims in order to qualify you for benefits.

The benefit has made a major financial difference in the lives of many veterans and their surviving widows struggling with the costs of long-term care.

Veteran Pension Amount – A Veteran or the Widow of a Veteran may qualify for a special pension, the amount of which varies depending on the Claimant’s marital status (married, single, widowed). The following table shows the maximum net income and maximum monthly benefits available to a Veteran or their Widow. (These amounts may change each year based on the Cost of Living Index.)

Rules for Qualification – There are two levels of qualification. The Claimant must meet both levels of qualification. The first test is based on facts that cannot be changed (time in service, type of discharge, etc.).  However, the second level allows for the claimant to make changes in order to meet the requirements. Those changes include gifting away assets, reducing income, increasing medical expenses, etc.

First Level of Qualification

1. The veteran must have served 90 consecutive days on active duty.
2. The veteran must not have received a dishonorable discharge.
3. The veteran must have served at least 1 day of active duty during a war period. There is no requirement that any service be performed in a combat zone.
4. The Widow must not have divorced the Veteran or remarried after the Veteran’s death.
5. The Claimant must be certified by a doctor as needing assistance with their daily living activities.

Second Level of Qualification

1. The household cannot have more than the Allowable Countable Assets determined by the Veteran's Administration.
2. The adjusted Household Income must be less than the VA Aid and Attendance (A&A) Pension Benefit. Although this income test is a complicated one, an experienced attorney can assist you through the process.

Planning for Veteran’s Aid and Attendance

In order to qualify for the VA Aid and Attendance (A&A) Pension Benefit for unreimbursed medical expenses, your countable assets must be below the threshold limits and your income must meet the VA test. With proper legal planning, the Veteran or the Veteran’s Widow can qualify for A&A Pension moneys and other assistance, while preserving family assets. This pension will help the family pay for long term health care needs and avoid the depletion of the family member's personal assets.

Unlike Medicaid, A&A can be used for home health-care and assisted living care. There are certain transfer rules that apply to gifts to others and assets placed into trusts. However, with competent legal representation, gifts and transfers into certain types of trusts can be made quickly in order to properly qualify the applicant.

The law firm of J.S. Burton, P.L.C., offers educational seminars to the public and are free of charge. John S. Burton, Esq. is available to speak to nursing homes, assisted living facilities, community associations and church groups.

Please contact the law firm today for seminar information or for a personal consultation.