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VA Aid and Attendance Pensions For Veterans and Spouses

The VA has a pension program for veterans and their spouses that will assist with paying for the costs of in-home care and assisted living.  This program is not related to a service-connected disability.  Instead, the program is for any veteran and his or her spouse that meets the eligibility criteria.

How do veterans pay for care? 

Medicare and health insurance have extremely limited benefits available for in-home care; and, Medicaid will not pay for in-home care or assisted living.  This means that veterans and their spouses must pay for in-home care or assisted living with their income or savings.

Many veterans cannot afford long term care

The average cost of assisted living in Alabama is $3,075 per month and the average cost of an in-home, non-nurse, caregiver is $17 per hour (or $3,808 per month for 8 hours per day, 7 days per week).  At these rates, veterans and spouses needing assistance with activities of daily living may find themselves unable to pay for care.  The VA Aid and Attendance program is designed to help veterans and spouses receive needed care by giving the veteran or spouse extra money each month to use for in-home care or assisted living services.

How much assistance is available? 

As of November 2015:

For a married veteran – up to $2,120 per month

For a single veteran – up to $1,788 per month

For a surviving spouse of a veteran – up to $1,149 per month

Two vets married, each receiving – up to $1,418 per month

Well veteran, spouse needs care – up to $1,404 per month

Basic Medical Criteria

The claimant must be 65 years of age or older and need help with activities of daily living (dressing, eating, walking, transferring, and hygiene); or, be totally and permanently disabled.

Basic Service Criteria

For veterans discharged before October 16, 1981 (applicable for most veterans seeking this benefit) the veteran must have served at least 90 days of active duty, with one day being during a time of war.

What is a relevant “time of war”?          

December 7, 1941 – December 31, 1946                     World War II

June 27, 1950 – January 31, 1955          `                    Korean War

August 5, 1964 – May 7, 1975                                       Vietnam War

(also February 21, 1961 – August 4, 1964

if service was in Vietnam

Basic Income and Asset Criteria

The VA does look at the income and assets of the veteran and spouse to determine how much, if any, pension benefit should be paid.  However, the VA looks at “countable” income which is not the same as what the veteran and spouse receive each month.  Veterans and spouses may have a good monthly income but have zero in countable income.  Additionally, there is not a fixed number for the amount of assets that will prevent a person or couple from being eligible.

Protecting Medicaid Benefits for later

Currently, the VA does not have a look back period for transferring assets.  However, that is expected to change within the next few months.  Further, it is dangerous for a veteran or spouse to transfer assets which may later cause disqualification for Medicaid benefits when nursing home care becomes necessary.

Getting Legal Help

Veterans and their spouses can apply without assistance.  However, the likelihood of being approved is significantly reduced.  Ideally, a veteran and his or her spouse will seek legal help from a VA accredited attorney that can assist in obtaining the VA benefit and protecting loss from possible future Medicaid benefits.