VETERANS
& SPOUSES

The Aid & Attendance Pension offered by the VA can be a bit confusing. It is one Pension that is broken down into three parts/levels.

• Basic Pension / Improved Income – for healthy (and unhealthy) veterans over the age of 65 with low incomes
• Aid & Attendance – for veterans over the age of 65 that require assistance with their activities of daily living
• Housebound – for veterans with a disability rating of 100% that prevents them from leaving their home, but does not have to be related to their military service.

It is often said the Aid & Attendance Pension can be spent on anything, yet the VA literature states the VA can take back the Pension if it is misused or spent incorrectly. As noted, the VA calls all three levels, “The Aid & Attendance” Pension, which causes confusion.

The first level, the Basic Pension is broken into two parts. Healthy and Unhealthy Veterans. Healthy Veterans over 65 can qualify for financial support that can be spent on anything if their income is low enough. It is a form of welfare financial support that does not require the VA Medical forms or a Doctor’s signature.

Unhealthy Veterans 65 and older, can qualify for financial support as a reimbursement for Medical Expenses. The Unhealthy Basic Pension requires documentation, forms and a Doctor’s signature. (Veteran Caregivers offers a zero interest loan program to help all Veteran’s regardless of income and credit to get started for care now). This proves to the VA you are spending money on medical care, thus the VA provides the funds for you to pay off the loan.

The second level of the Aid & Attendance Pension is for Veterans or Spouses over the age of 65 who require assistance with their activities of daily living that will allow them to remain in their home. The VA has a list of daily living activities and the medical expenses required to meet this category and the funds awarded must be used for expenses related to these requirements. This level requires certain VA Medical applications, documents and a Doctors signature.

As noted, the third level is for support of Housebound Veterans or that prevents them from leaving their home.

This can be confusing since there are so many rules within the Aid & Attendance Pension that are not explained in a simple way. The professionals on the Veteran Caregivers team understand the legal aspects of the application process which helps to eliminate the miscommunication to the VA. This is VERY important because if you receive the Pension under accidental false pretense or if you use the benefits incorrectly, they can and will stop the benefit and make you repay the pension back in full.

An example of what can happen if the funds received are not utilized for the intent that justified them during the application process. We had a Veteran who was not our client, but who came to us for help to correct a situation that occurred.

The Veteran had cancer a few years previously, but after treatment, the cancer was in remission. He was now healthy and no longer needed the in-home care he had originally received under the Aid and Attendance Pension. At the time of his cancer, he, as a married Veteran, was receiving $2,000 per month from the VA to pay for an attendant to assist him at home. The problem, he had cancelled his in-home care 18-months previous to when we met, but he was still receiving the Pension. A local VSO officer had told him he could spend that money for whatever he wanted.

The confusion behind this Aid and Attendance Pension led to a major financial issue for this Veteran. The reason he was originally qualified to receive the pension is he was spending $2000 per month on medical care. Thus, the VA reimbursed him monthly with the maximum amount of the Pension. The moment he stopped paying for care, he was no longer eligible for that monthly Pension as a reimbursement, but no one had communicated that to him, so he went 18 months spending this money. Now, a part of his Social Security check is going to the VA to pay back for this mistake.

To keep our clients from these pitfalls, our staff keeps in constant contact with the family and the Veteran to make sure any changes in the status of the Veteran or Spouse is updated and corrected as required by the VA. It’s not that the original application was done incorrectly, it’s that no one follows up with the Veteran to make sure the Pension is still applicable to the current situation.

In most cases, the Veteran will receive a portion of the Aid and Attendance Pension to spend on anything desired and we make sure you have total control of this portion of the Pension since it’s deposited in your account. You may receive the Medical Portion of the Pension as well and we ensure this money is deposited into your Medical Account, to be used for Doctors, In Home Care, Assisted Living, Nursing Homes and other related medical expenses. As your income, assets, and medical condition changes over time, we will update your information to make sure you are getting the most out of this benefit while staying in compliance.

The “Aid & Attendance” pension pays benefits to those whose medical condition requires the assistance of another person. The “Housebound” pension pays benefits to those who are substantially confined to their home due to permanent disability. The VA uses four criteria to determine if “Aid & Attendance” benefits will be paid. The claimant must meet the requirements for each one in order to be paid benefits.

Service Time:

• The Veteran must have served at least 90 days on active duty during a period of war. The officially recognized war dates are below. The Veteran must also have been honorably discharged.
• The surviving spouse of a Veteran meeting those requirements is also eligible.
• World War II: December 7, 1941, through December 31, 1946 extended to July 25, 1947,with continuous active duty on or before December 31, 1946
• Korean Conflict: June 27, 1950, through January 31, 1955.
• Vietnam Era: August 5, 1964, through May 7, 1975. (However, February 28, 1961, through May 7, 1975, for a Veteran who served in the Republic of Vietnam during that period.)
• Persian Gulf War: August 2, 1990, through a date to be prescribed by Presidential proclamation or law.

Income and Assets:

• The VA sets a MAXIMUM allowable income to receive the benefits. This maximum value depends on a number of factors and must be determined on a case by case basis.

Age:

• If younger than 65, the Veteran must be totally disabled. There is no disability requirement for Veterans over 65. There is no disability requirement for a single surviving spouse.

Medical Condition:

• One of these must be true:
  • Another person is required to help the Veteran or spouse perform everyday living activities such as bathing, feeding, dressing, adjusting prosthetic devices, laundry, light housework, etc.
  • The Veteran or spouse is bedridden.
  • The Veteran or spouse is in a nursing home due to mental or physical incapacity.
  • The Veteran or spouse has impaired eyesight

Yes

Yes, unless the Spouse applied with the Veteran, required care at that time, and could prove payment of the care.

While the VA does not check for income after approval, it will check with the IRS and if there are inconsistencies that person may be audited. Yes, they can stop or reduce the benefits.

If the Claimant has paid their listed medical costs out of pocket, the VA reimburses for those medical expenses each month. Form FV13 defines these monthly medical costs. Call us for more detail.

The VA will expect to be repaid in full if they discover the benefits have been used for anything other than the stated medical expenses.

There is another program the VA has that supplies a caregiver for a few hours a week and for a short period of time.

If the Veteran goes to an Assisted Living Facility or Nursing Home the funds will transition over to those facilities. However, if a "Nursing Home" is being paid for my Medicaid, your pension will decrease to $90 per month.

The Aid and Attendance pension is considered non-taxed income, but it is offset when it is used for medical expenses.