Practice Areas

Veteran’s Aid and Attendance

Life Requires Planning. . . .

Life is expensive.  Long term health care costs make life even more expensive.  But, if you are a Veteran or a Widow of a Veteran, you may be able to receive tax-free income from the US Department of Veterans Affairs.  Many veterans, and many more spouses, are not even aware that these resources are available to them.  This income can help with daily living expenses and also help pay for the cost of home health care, assisted living care, and nursing home care.

What Benefits Might Be Available? If you satisfy the criteria described below, you may be entitled to an “Improved Pension.”  In addition, a person who is housebound bound or in need of the assistance of another person with activities of daily living may receive additional income called Housebound Benefits or Aid and Attendance Benefits, which are supplements to the Pension.

Improved Pension Benefits. 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 a wartime period.
2. The veteran must have received a discharge that is other than dishonorable.
3. The claimant must have limited income and assets available.
4. The claimant must have a permanent and total disability, and the disability was caused without willful misconduct of the claimant.
5. The veteran or widow(er) signs an application and provides the application to the Veteran’s Administration.

Low income pension is the VA’s equivalent of SSI.  The claimant must meet all the criteria above (except for widowed spouses – who can be under the age of 65 and have no disabilities).  The permissible income limits for Low Income Pension for 2011 are as follows:

1. Veteran with no dependents                    $985/month; $11,830/year
2. Veteran with one dependent                    $1,291/month; $15,493/year
3. Widow(er) with no dependents               $661/month; $7,933/year
4. Healthy VA with Ill spouse                       $1,291/month; $15,493/year

Household Supplement. 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.

The permissible income limits for Household Benefits for 2011 are as follows:

1. Housebound veteran with no dependents                        $1,204/month; $14,457/year
2. Housebound veteran with one dependent                        $1,510/month; $18,120/year
3. Housebound widow(er) without dependents                   $808/month; $9,696/year

Aid & Attendance. Pension benefits with an Aid & Attendance supplement are available to a veteran or widow(er) of a veteran who meets on of the following conditions:

1. Claimant is blind;
2. Claimant is living in a nursing home; OR
3. Claimant is unable to:
   • dress/undress or keep self clean and presentable;
   • unable to attend to the wants of nature; OR
   • has physical or mental incapacity that requires assistance on a regular basis to protect claimant from daily environmental hazards.

The permissible family income limits for 2011 for Aid & Attendance benefits are as follows:

1. Veteran with no dependents$1,644/month;                     $19,736/year
2. Veteran with one dependent$1,949/month;                     $23,396/year
3. Widow(er) with no dependents$1,056/month;                $12,681/year
4. Healthy Veteran with ill Spouse$1,291/month;               $15,493/year

– veteran can get pension only when alive and spouse needs assistance

How Can We Help? 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.  At Fendrick & Morgan, LLC, Doug and Jamie are both accredited through the VA.  We, therefore, are trained and equipped to navigate you through the myriad of VA rules and regulations to help you receive the valuable government benefits to which you may be entitled.

Benefits of VA Planning

• Ensure that you receive the full compensation to which you are entitled for your time of service, or that of your spouse.
• Increase your income.
• Receive additional dollars, tax-free, to help pay for long term health care costs, including home health care, assisted living and nursing home costs.
• Peace of mind.