Helping Veterans Receive Eligibility for All Benefits
Becoming eligible for VA benefits is often overlooked even though many public benefits for seniors are available through the Veterans Administration. Los Scales Elder Law focuses on “Aid and Attendance”; a supplement to the “Improved Pension” offered through the Veterans Administration. There are three general requirements that must be met to qualify for this pension:
We specialize in knowing all factors that are necessary in applying for benefits through the VA. Similarly to Medicaid, many seniors who think they do not qualify; can with appropriate advice and planning with Los Scales Elder Law.
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- The veteran must have served at least 90 days of active duty with at least one day during a “war–time” period.
- Eligible Wartime Periods
- World War II: December 7, 1946, inclusive. If the veteran was in service on December 31, 1946,
continuous service before July 26, 1947, is considered World War II service.
- Korean conflict: June 27, 1950 – January 31, 1955, inclusive.
- Vietnam era: The period beginning on February 28, 1961, and ending on May 7, 1975, inclusive, in
the case of a veteran who served in the Republic of Vietnam during that period. The period beginning
on August 5, 1964, and ending on May 7, 1975, inclusive, in all other cases.
- Persian Gulf War August 2, 1990, through date to be prescribed by Presidential proclamation or law.
- The Veteran must have an “other than dishonorable discharge.”
This Improved Pension with Aid and Attendance allows Veterans who are 65 or older and their spouses to receive additional monetary benefits if they require regular assistance from a non–spouse with activities of daily living such as eating, bathing, dressing, cooking, etc.
You do NOT have to reside in a facility to be eligible for this level of pension. Your care may be provided in your home by either outside agencies or family members other than a spouse.
- Income: Because the VA pension is for low–income veterans and their spouses, your income cannot exceed certain limits, depending upon your circumstances. For example, a veteran with no dependents cannot have more than $1,830.17 of monthly income; the widow of a veteran has a monthly income limit of $1,176.08.
- However, the VA law permits you to deduct certain recurring expenses from your income. An experienced attorney accredited by the VA can often help you get your income down to a qualifying level.
- Assets: Unlike Medicaid, the VA does not have a set limit on assets. Instead, its loose “standard” is whether you have “sufficient means” to pay for your own care. Factors such as your income from other sources, your family expenses, and your age can all be considered in determining whether or not your assets are sufficient.
However, in the right circumstances, the VA law permits you to reduce your assets. Again, an experienced attorney accredited by the VA can often help you get your assets down to a qualifying level. Attorney Scales and Attorney Los are Accredited Veterans Administration Attorneys and can:
- Determine if you are likely eligible for a VA pension.
- Guide you through any planning steps necessary to bring your income and assets in line with VA requirements.
- Assist you through the entire claims process.
In order to become eligible for all VA benefits, please fill out this questionnaire click to download.