As a veteran of the United States military, you know you’re entitled to certain benefits. However, did you know these benefits extend to long-term care? There’s an extremely important Veteran’s Aid (VA) program known as “Aid and Attendance” or the Veterans Pension Aid & Attendance Benefit that could benefit you. The program offers coverage for assisted living and other long-term care costs for both qualifying veterans and their spouses.
If you qualify for VA Aid and Attendance benefits, then you’ll receive an additional scheduled payment to your total monthly VA pension. It provides tax free income and is not dependent upon service-related injuries for compensation. For many veterans, the added benefit provides enough income necessary to receive the right care they need whether it be at home, at a nursing home, or at an assisted living facility.
Find out if and how you can qualify for the VA Aid and Attendance benefit by contacting the skilled California veteran’s planning lawyers at Botti & Morison Estate Planning Attorneys, Ltd..
Veterans Benefits Lawyer, Ventura CA | VA Aid and Attendance
The benefits for the VA Aid & Attendance program, while difficult to obtain, are worth it in the end. That’s why many people caution applying to the program without assistance. If you are a California resident and believe you’re entitled to VA Aid & Attendance benefits, please contact Botti & Morison Estate Planning Attorneys, Ltd. to learn your legal options. Our attorneys have over 90 years of combined experience solely dedicated to estate planning, including long-term care plans for veterans.
Call Botti & Morison Estate Planning Attorneys, Ltd. today to set up your first consultation at (877) 585-1885. Botti & Morison Estate Planning Attorneys, Ltd. has several locations in the state of California including Westlake Village, Santa Barbara, San Luis Obispo, Bakersfield, Valencia, and Ventura.
Information Center:
- What is Aid and Attendance?
- VA Long Term Care Eligibility Requirements
- What is the Income Limit for VA Aid and Attendance?
- How to Get Aid and Attendance Approval
- Additional Resources
What is Aid and Attendance?
Many consider the Aid and Attendance benefit as one of the VA’s best kept secrets. Often veterans are unaware the benefit even exists because the VA is not required to tell them, their dependents, or widows if they qualify. This benefit is utilized by veterans to offset the costs associated with assisted living, in-home care, or nursing home stays. The assisted living benefit is of particular importance to veterans as the Long-Term Care Medi-Cal program offers very little help in this area.
The benefits provide additional monthly payments to your total monthly VA pension. How much you receive is based on the difference between your countable income and a limit that Congress sets known as the Maximum Annual Pension Rate or MAPR. In addition, it’s important you understand that you cannot receive benefits from both VA Disability compensation and Aid & Attendance. You can, however, choose the program that offers a higher benefit.
VA Long Term Care Eligibility Requirements
In order to qualify for the Aid and Attendance benefit, you’ll have to meet the requirements listed out by the VA. You must first have a VA pension and meet one of the following criteria:
- You must remain in bed or spend a large portion of your day in bed due to illness; or
- You are a patient of a nursing home because your mental and physical abilities are impaired or lost due to a disability; or
- You must have limited eyesight even with glasses or contacts. You’ll be required to bring proof that you have 5/2000 or less in both eyes or have a concentric contraction where your visual field is 5 degrees or less; or
- You require help from another person to perform everyday activities.
What is the Income Limit for VA Aid and Attendance?
Eligibility for the VA Aid and Attendance benefit is also based on the difference between your countable income and a limit known as the Maximum Annual Pension Rate or MAPR. In context to the benefit, countable income is defined as how much you earn including investment payments, retirement payments, and any Social Security Benefits you receive. Certain expenses will reduce your countable income such as medical costs not covered by insurance.
An MAPR is the maximum amount of pension payable to the veteran, their surviving spouse, or other dependents. It’s based on the following factors:
- The number of dependents you have
- If you’re married
- If you’re married to a veteran who qualifies for a pension
- If you have disabilities that qualify you for Housebound or Aid and Attendance benefits
Learn your current MAPR amount by using the tables provided below.
|
If you have no dependents and… |
MAPR Amount |
|
Doesn’t qualify for Housebound or Aid & Attendance benefit |
13,932 |
|
Does qualify for Housebound benefits |
17,024 |
|
Does qualify for Aid and Attendance benefits |
23,238 |
|
If you have one dependent and… |
MAPR Amount |
|
Doesn’t qualify for Housebound or Aid & Attendance benefit |
18,243 |
|
Does qualify for Housebound benefits |
21,337 |
|
Does qualify for Aid and Attendance benefits |
27,540 |
How to Get Aid and Attendance Approval
In addition to the requirements described above, you’ll also need to meet additional criteria if you want to receive VA long-term care benefits. You must start off with the basic pension requirements before you can look to medical evidence for an improved pension with Aid and Attendance. These requirements can be found under 38 CFR § 3.3 and include the following:
- At least 90 days of active military service if prior to September 7, 1980; or
- Entered service after September 7, 1980 and completed a continuous period of active duty for at least 24 months; or
- Served one day of wartime service
The federal government considers the following dates to be wartime periods under M21-1MR, Part V, Subpart I, Chapter 1.
- World War II – December 7, 1941 to December 31, 1946
- Korean Conflict – June 27, 1950 to January 31st, 1955
- Vietnam War – August 5, 1964 to May 7, 1975; for veterans who served “in country” before August 6, 1964, February 28, 1961 through May 7, 1975
- Gulf War – August 2, 1990 through a date that will eventually be set by Presidential Proclamation or law
Certain disabilities will qualify you for Housebound or Aid and Attendance benefits. These are measured through a disability test, which is measured by the following:
- You’re at least 65 years old or older; or
- You’re permanently disabled, and the disability is not connected to your service. 38 CFR § 3.3(a)(3)(vi).; or
- Your impairment is defined as “reasonably certain” to continue until your death. 38 CFR §3.340 – 3.342.
After you meet the disability test, you may be able to qualify for the following benefits. However, you must meet certain criteria to do so. That information is listed below.
Housebound Benefit
- You’re considered to be “Permanently Housebound,” meaning you’re substantially confined to a dwelling (or ward if institutionalized) or it’s premises; or
- If you’re a surviving spouse of a veteran and meet the criteria above.
Please note, housebound does not mean you’re incapable of leaving the house. It simply means you’re unable to leave the home or premises for the purpose of earning an income.
Aid and Attendance Medi-Cal Benefit
- Can make a factual showing you’re blind or nearly bind; or
- You’re a patient in a nursing home; or
- Can make a factual showing that you’re unable to dress, undress, keep yourself clean, feed yourself, unable to use the toilet on your own, need help ambulating, or frequently need to adjust your prosthetic(s); or
- Can make a factual showing of incapacity, whether physical or mental, and require care or assistance on a regular basis; or
- You’re considered bedridden under 38 CFR §3.351(c) and 38 CFR §3.352.
As you can see, qualifying for the Aid and Attendance benefit can be challenging. It requires a lot of paperwork, legal knowledge, and can be incredibly time-consuming. The best way to ensure you receive an VA improved pension benefit is to contact an experienced California veteran’s benefit attorney like the legal team at Botti & Morison Estate Planning Attorneys, Ltd..
Additional Resources
VA Aid & Attendance Benefits and Housebound Allowance – Visit the official website for the U.S. Department of Veteran’s Affairs to learn more about the monthly payments available to qualified Veterans and survivors. Access the site to learn how you can obtain the benefit, download important forms you will need to apply, and how to apply in person.
A&A Benefit Eligibility | VeteranAid.org – Visit the official website for VeteranAid.org, which is a free resource for veterans, surviving spouses, and their families who are looking for clear and straight forward information regarding VA Aid and Attendance. Access the site to learn how you can qualify for it, where you can apply, and additional web resources related to VA pensions.
Veterans Benefit Planning Lawyer, California | VA Pension Benefits
If you’re interested in pursuing the Aid and Attendance benefit available to qualifying veterans and their surviving spouses, call Elder Law Attorneys at Botti & Morison Estate Planning Attorneys, Ltd.. Our attorneys have spent decades assisting veterans with their estate planning including applying for improved pension benefits. Find out your legal options today by calling our offices at (877) 585-1885.
Botti & Morison Estate Planning Attorneys, Ltd. accepts clients throughout California and has offices in San Luis Obispo County, Ventura County, Los Angeles County, Kern County, and Santa Barbara County.