Veterans who served our great nation deserve the benefits promised by our government – but it is not always easy to obtain these funds due to bureaucratic red tape. That is why it is important to have someone willing to step in and ensure that you get what you are owed.
If you – or your spouse – served on active duty for at least 90 consecutive days, including at least one day during wartime and qualify for the basic Veterans Pension, you may be eligible for Aid and Attendance benefits. These funds are based on clinical and financial requirements and can be crucial to those veterans (or their spouses) who have low income and a disability that may or may not be connected to military service.
In fact, if you are a veteran, spouse or spouse of a deceased veteran who served during a qualified war period and you need help with your activities of daily living (bathing, dressing, feeding, toileting, grooming, walking/transferring, etc.), you may qualify for up to $2,642 monthly tax free.
NOTE: Service in a combat zone is not an eligibility requirement. Widowed spouses of eligible veterans may also qualify if they meet the clinical and income requirements and have not remarried.
Each year, the amounts determined by the VA change, and the 2023 numbers have increased over 2022 to account for cost-of-living increases. So, how do you ensure that you are receiving your rightful benefits? If you are uncertain, we can help.
You fought for us; now we want to fight for you
At Elder Law of Georgia, P.C., in Gainesville, we dedicate extensive experience and resources to helping those who served our country and protected us. Attorney Eric Owens can help you through the complex process of applying for the Aid and Attendance pension you are entitled to. He is one of the few VA accredited attorneys in the country, and he works hard to understand the maze of regulations set out by the VA each year – and how to successfully navigate them.
For instance, the VA bases payment amounts on the difference between countable income and a limit that Congress sets (called the Maximum Annual Pension Rate, or MAPR). Countable income is how much you earn, including your Social Security benefits, investment and retirement payments, and any income your dependents receive. This means that your aid and attendance benefits may be reduced by what you have available to you – such as non-reimbursable medical expenses.
MAPR is also based on how many dependents you have, if you’re married to another veteran who qualifies for a pension, and if your disabilities qualify you for Aid and Attendance benefits.
We have compiled the 2023 rates into a single document that you can reference here.
Veterans pension net worth limit
To be eligible for any Veterans Pension benefits, including Aid and Attendance, you must have a net worth limit of $150,538. Net worth includes your and your spouse’s assets and annual income. Assets include fair market value of all real and personal property, minus the amount of any mortgages. “Real property” means any land and buildings owned. And personal property assets include items such as investments (including stocks and bonds), furniture, and boats. Assets do not include your primary residence, car, and basic home appliances.
Annual income, meanwhile, is money earned in a year from a job or from retirement or annuity payments and includes:
- Salary or hourly pay
- Bonuses
- Commissions
- Overtime
- Tips
The government also subtracts certain expenses from your annual income, including educational expenses and medical expenses you’re not reimbursed for.
Know that the VA also includes a three-year lookback when determining veterans and their spouses’ assets. So, if you transfer assets for less than fair market value during the look-back period, and those assets would have pushed your net worth above the limit for a VA pension, you may be subject to a penalty period of up to 5 years. You won’t be eligible for pension benefits during this time.
Secure the funds you need
As you can see, it is not always a simple path to obtaining the appropriate VA benefits. But those who put everything on the line should not have to go through the complex process of securing these benefits alone. Often, this help can make a big difference in whether you are able to afford the long-term care you need. We will be beside you every step of the way to protect your rights and interests.
Our team is ready to get to work helping you plan for the future and securing the funds that you deserve for serving our country. To get started, call Elder Law of Georgia, P.C., today at 678-971-4971 or send us an email to schedule a consultation. We often make home visits to those who cannot visit our office in Gainesville.