Veterans

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During recent seminars by Care Connect of Hampton Roads, some very good questions have been asked about the Pension with Aid and Attendance Benefit. It is one of the most misunderstood benefits being administered by the Veterans Administration today.

We frequently meet with Veterans or their surviving spouses in Virginia Beach, Norfolk, Chesapeake, Newport News, Hampton, Portsmouth, Suffolk, Williamsburg, Hampton Roads, North Carolina, Currituck, and the Outer Banks who’ve been told they are not eligible, but in fact they are. Here are answers to some of the most frequent questions we're asked.

Q. Does the VA Aid and Attendance Pension Requirement have an income ceiling in order to qualify?

A. The answer is YES, however, the calculated income that is considered is adjusted gross income. The adjusted gross income of the claimant is equal to the claimant's monthly gross income from all sources, minus any deductible recurring medical expenses. Unfortunately, this is not something that is clearly spelled out for a potential applicant. Additionally, an applicant can receive even a portion of the benefit as it also can be awarded on a sliding scale.


Q. Does the VA Aid and Attendance Pension have an asset ceiling in order to qualify?

A. A. Yes, effective October 18, 2018 the Department of Veterans Affairs set a bright line net worth limit which is equal to the Federal Medicaid's Maximum Community Spouse Resource Limit. This limit typically changes annually and is currently set at $127,061 for 2019. There are certain exclusions such as a primary home on a reasonable lot of land, and countable assets can be reduced by projected, medically necessary, unreimbursed, medical expenses for 12 months following the date of establishment of the claim. Do not assume you won't qualify, we urge you to call our office for guidance.


Q. If a Veteran of the widowed spouse of a Veteran is considered to have "excess" assets for VA pension qualification purposes, is there a penalty if the excess assets are gifted to an adult child or into a trust?

A. Yes, effective October 18, 2018 the Department of Veterans Affairs instituted a three-year look back on the transfer of assets, where previously there was none. THIS DOES NOT MEAN, that you will not qualify for the pension, however it is NOW more important than ever that you have knowledgeable and accredited assistance when developing your immediate and long-term plan for care. Additionally, if assets are gifted to a trust, the trust must be a very specific type and the language must be pertinent to both applicable VA and Medicaid qualification laws that are in effect at that time.