How much disability is required for a Claimant to receive the VA Aid and Attendance Pension?
The claimant must show that he or she requires the “aid and attendance” of another person in order to perform some of the basic activities of daily living. The medical evidence must be provided by a physician. Additionally, if the claimant resides in a facility, then the facility must also provide a letter stating that the individual resides in the facility because of the need for assistance with the activities of daily living.
The VA defines the need for aid and attendance as:
- Requiring the aid of another person to perform at least two activities of daily living, such as grooming, transferring, eating, bathing, dressing or toileting;
- Being blind or nearly blind; or
- Being a patient in a nursing home.
One of the great beauties of the VA pension is that it can be used for any type of chronic care providers including: in home paid caregivers, personal care homes or assisted living facilities, adult day care or skilled nursing facilities.
The Application Process
If you meet all the criteria for a service pension you still have to go through the application process. The VA pension application process makes the Medicaid application process look simple. The VA pension application is very long and asks for many pieces of supporting documentation: everything from military discharge papers to bank statements to marriage certificates to divorce decrees to death certificates to proof of the level of disability. Once the actual application is completed and filed with the VA , the process, in general, is painfully slow – on average the process takes six to nine months. However, the benefit is retroactive to the month after the application is submitted . It is very important to have all papers together at the time of application in a “ready to rate” format. Also when dealing with applications, remember that it is illegal for anyone to charge a fee for completing an application. Click here to see the general counsel’s letter regarding charging fees for VA applications.
Before taking action on any specific course, consider that you should have guidance in the following areas:
- Care options available for the veteran and/or spouse
- A review of VA, Medicaid and Medicare and how each may apply to your circumstances
- Specific documents including powers of attorney for property and healthcare matters, wills and trusts
- A plan for the best use of your personal, financial, and family resources
- Analysis of tax consequences for income, capital gains, estate and/or gift taxes
- An analysis of which planning options best fit your circumstances
- A calculation of the actual dollar benefit and/or cost of any idea that is discussed
- The submission of the VA claim form or Medicaid application.
- Beware, some actions taken to qualify for VA benefits may create a penalty period later when you need to qualify for Medicaid!!
Click here to receive our free guide to the Nuts & Bolts of VA Benefits for the Aged
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