To be eligible for the A&A benefit from the United States Department of Veteran Affairs, commonly known as the “VA,” there are a number of requirements that must be met.
- Meeting a service requirement
- Disability requirement
- Asset requirement
- Income requirement
To prove eligibility, you must complete the Veterans Application for Pension or Compensation form and submit it to the VA. The service requirement mandates that a Veteran must have served during a period of war for at least 90 days, with one day of active duty. Combat duty or a service-connected disability is not necessary, but a Veteran must have received an honorable discharge. If a Veteran’s spouse meets the criteria, they may also be eligible.
The Official Declared War Time Dates As Determined By Congress Are As Follows:
VETERANS’ DISABILITY REQUIREMENTS
A person who is 65 years or older and requires assistance from another person for basic daily activities such as dressing, grooming, eating, and using the restroom may qualify for the A&A Disability benefit. Those who have visual impairments or are confined to their beds may also be eligible.
Various sources such as assisted living facilities, home health aides, nurses, or even a non-spouse family member who does not live with you can provide assistance for these needs. A licensed healthcare professional must prescribe the care services. The VA also requires a Care Contract between the caregiver and the care recipient. This contract needs to state the type of care and the payment, which must match the market rate for the services. We can help you prepare a Care Contract that meets this requirement.
Income and Asset Requirements
To be eligible for A&A Benefits, there are certain income and asset requirements that must be met.
- The asset test assesses whether it is reasonable for a portion of the Veteran’s estate to be used to cover care expenses.
- The income test mandates that the Veteran must have zero income or must be spending all of their monthly income on care costs in order to receive the maximum pension amount.
As of 2018, the Asset test has been updated. In order to qualify, a Veteran must have countable assets of less than $130,773. There are certain assets such as a home or an automobile that are not included in countable assets.
What Can I Do If My Assets Exceed The Asset Requirements?
One of the changes that the VA implemented in 2018 was to review the Veteran’s gifting history for the past 3 years. This means that any gifts that the Veterans have made in that period could make them ineligible for benefits. There are some strategies that can help the veterans with assets slightly above the limit to qualify for benefits in the future. However, for those with assets significantly above the limit, they may need to plan many years ahead to qualify for benefits. Gifting assets to qualify for benefits later is not advisable, as it exposes the assets to the beneficiaries’ creditors and may require reversing the gift.
If at any time in the future, you need nursing home care and have to qualify for Medicaid, your beneficiaries may need to return the gift to cancel Medicaid’s gifting penalties, but they may not be able to or are unwilling to do so. To avoid these potential problems we recommend that you give your assets to an Irrevocable Trust that meets specific requirements to not be countable for VA benefit purposes. We can assist in creating this trust for you with the terms that fit your estate plan and preserve your ability to later receive Medicaid benefits if necessary.
FILING A CLAIM FOR VETERANS’ DISABILITY
It can be quite difficult and time-consuming to file a claim for A&A. Generally, qualifying for A&A entails reallocating assets, which can affect your eligibility for Medicaid. It’s important to seek legal advice before trying to attempt this process. The VA may take several months to approve your A&A application, but the benefits will be paid retroactively from the month following your application’s filing.
Contact Our Experienced VA Benefits Attorneys in Hobart, IN Today!
Attorney Angelica Schultis is a VA accredited advocate who vigorously helps injured veterans through the very complicated and frustrating application process for disability benefits. We will work with you at every step of the process with a personal, hands-on approach. Contact us today for assistance with your veteran’s disability claim.
Ms. Schultis works closely with Valparaiso University’s veterans organizations. She is also a member of the National Organization for Veterans Advocates, and, the daughter and granddaughter of veterans, is an auxiliary member of the American Legion.
