Qualified Veterans Can Benefit From Aid and Attendance
When Americans think of medical care for ailing and disabled Veterans, the first access point that comes to mind is the sprawling network of Veterans Administration Hospitals. Although VA Hospitals are invaluable resources and provide many benefits locally including much needed prescription assistance and acute care at the Coatesville Veterans Administration Hospital, long term care for veterans generally has taken a different route.
A little known Veterans’ Administration program, Aid and Attendance, may be the only government program available in Pennsylvania for assistance with the cost of Assisted Living. If qualified veterans or their widows would use it when needed, it could substantially affect their ability to stay in Assisted Living when funds otherwise could run low. Applicants must either be veterans fitting certain criteria or widows or widowers of these veterans.
For those who do not have long term care insurance, the cost of Assisted Living today is comparable to the cost of skilled nursing home care a few years ago. Families should be prepared for expense in the range of $3,500 per month and up.
For those who cannot remain at home and need help but not so much help as is provided in a skilled nursing home, Assisted Living is often a next step. The trouble is that, without some financial assistance, Assisted Living can also deplete assets rapidly.
To qualify for Aid and Attendance, the claimant veteran must have served in wartime with 90 days or more of active duty, 1 day beginning or ending in a period of war, and have received an honorable discharge. He must be certified as permanently and totally disabled but the disability does not have to be service connected. A current condition of Alzheimer’s, stroke, Parkinson’s, multiple sclerosis, or other non-service connected disease or disability is enough if the veteran requires the “aid and attendance” of another person (non-family) to assist him in his daily life.
A widow or widower of an eligible veteran may qualify for Aid and Attendance for her own disability if she otherwise meets the standards and was married to the veteran for at least one year prior to his death.
The applicant must also qualify financially although this is not as great a hurdle as one might think. Limitations are not expressed specifically. However, the limitation on retained assets for a single person, not including the home, personal belongings, and a car, is about $60,000. The limitation on retained assets such as cash, stocks and investments for a married person is approximately $80,000. Again the house, car and personal belongings do not count.
Aid and Attendance is not subject to the same kind of gifting restrictions as Medicaid. However, gifting should be reviewed anyway since, if the applicant eventually moves to skilled care and applies for Medicaid, gifting would matter.
Income restrictions become almost irrelevant for many when the applicant is in Assisted Living since, in computing income, the applicant is
permitted to deduct medical expenses such as the cost of Assisted Living itself, the cost of medications, and paid caregivers, medical transportation and supplies. For many, these deductions bring their monthly income to well under the maximum net income if not to a negative figure.
The benefits are sizeable. A single veteran could receive up to $1,519 per month. If he has a spouse or dependent, this benefit can reach $1,801 per month. A Veteran’s widow can receive up to $976 per month. If the Aid and Attendance benefit is combined with Social Security and other income sources such as pensions, Aid and Attendance could make the difference between staying in Assisted Living and leaving. Aid and Attendance can continue for the rest of a person’s life.
Our experience would indicate that approval of Aid and Attendance applications may take up to a year. The paperwork can be formidable and it must be completed properly or there can be further delays or denial. Veterans must provide a copy of their DD-214 or separation papers and detailed financial and medical records but the benefit, once received, is made retroactive to the month following application and is well worth the effort.
About the Author Janet Colliton
Esquire, Colliton Law Associates, P.C. Janet Colliton has practiced law for over 38 years, 37 of them in Chester County, Pennsylvania, a suburb of Philadelphia. Her practice, Colliton Law Associates, PC, is limited to elder law, Medicaid, including advice, applications and appeals, and other benefits planning including Veterans benefits, life care and special needs planning, guardianships, retirement, and estate planning and administration.