Elder Law

Aid and Attendance Benefits for Veterans in Wayne, NJ

Understanding Veterans Aid and Attendance Benefits

Many families struggle to provide necessary care for aging or disabled veterans or their surviving spouses. Unfortunately, many are unaware of an important benefit available through the Department of Veterans Affairs (VA) called Aid and Attendance. This benefit can help defray the costs of caring for qualified aging or disabled veterans and their surviving spouses.

As an experienced elder law attorney in Wayne, New Jersey, I can assist you in obtaining monthly benefits from the VA. Navigating the complex eligibility requirements for Medicaid planning and veterans benefits can be challenging. I will help ensure you receive the maximum benefits to which you are entitled. It can be difficult to navigate the red tape to obtain your benefits, but we have the expertise to guide you through the process.

Key Facts About Aid and Attendance Benefits

For qualifying veterans, Aid and Attendance is paid in addition to the basic pension rate for seriously disabled wartime veterans who have limited or no income and are age 65 or older, or if under 65, are permanently and totally disabled. Some key things to know about the Aid and Attendance benefit:

  • Aid and Attendance is a pension benefit and is not dependent upon service-related injuries.
  • Wartime veterans and their surviving spouses may be eligible.
  • Certain medical and financial requirements must be met.
  • Aid and Attendance can help pay for care in the home, nursing home, or assisted living facility.

The Application Process

The application for Aid and Attendance benefits is complex and lengthy. While the forms are available for you to complete yourself, be advised that if your application is denied, you may have to wait before reapplying. For these reasons, many people seek assistance in completing the application. Note: It is illegal for anyone to charge you a fee to help complete the application or file for benefits.

How Much Could You Receive?

The cost of assisted living, nursing home care, or home health care can be substantial. According to a 2021 survey conducted by Genworth Financial, the national median monthly rate for:

  • A one-bedroom apartment in an assisted living facility is $4,500.
  • A semi-private nursing home room is $7,908.
  • A licensed home health aide is $5,148.

The 2023 Maximum Monthly Benefits*

Basic Veterans Pension / Basic Survivors Pension

  • Single Veteran: Up to $1,336 per month.
  • Married Veteran: Up to $1,750 per month.
  • Surviving Spouse without Dependent Children: Up to $896 per month.

Aid & Attendance Pension for Veterans / Surviving Spouses

The Aid and Attendance Pension is an additional benefit added to the Basic Veterans / Survivors Pension.

  • Single Veteran: Up to $2,229 per month.
  • Married Veteran: Up to $2,642 per month.
  • Surviving Spouse: Up to $1,432 per month.

Housebound Pension for Veterans / Surviving Spouses

The Housebound Pension is an additional benefit for veterans or surviving spouses who are substantially confined to their homes.

  • Single Veteran: Up to $1,632 per month.
  • Married Veteran: Up to $2,046 per month.
  • Surviving Spouse: Up to $1,095 per month.

*Note: These maximum benefit amounts may fluctuate, and the actual benefit approved may be less.

Eligibility for Aid and Attendance Benefits

There are three aspects of eligibility: Service, Medical, and Financial.

Service Requirements

  • The veteran must have served at least 90 days of active military duty, with at least one day during wartime (as defined by the VA).
  • The veteran must have received a discharge other than dishonorable.

Medical Requirements

The veteran or surviving spouse must require the aid and attendance of another person to perform basic activities of daily living. The VA defines the need for aid and attendance as:

  • Requiring assistance with personal functions such as bathing, feeding, dressing, attending to the wants of nature, adjusting prosthetic devices, or protecting oneself from the hazards of daily environment.
  • Being blind or nearly blind.
  • Being bedridden, excluding prescribed convalescence or treatment.
  • Being a patient in a nursing home due to mental or physical incapacity.

Financial Requirements

Qualifying under the asset test can be complex. Applicants must demonstrate a financial need, and each application is evaluated individually.

How to Qualify for Aid and Attendance Benefits

As with any government program, the rules governing eligibility are subject to change. To qualify, you must have limited financial resources in terms of countable income and net worth. Be cautious, as certain actions to rearrange your income or assets to qualify for VA benefits could create a penalty period or disqualify you from receiving Medicaid benefits if needed.

Countable Income Requirements for 2023

Your countable income must be less than the Maximum Annual Pension Rate (MAPR). For married veterans, the income of both spouses is considered.

Countable income includes all income sources, such as:

  • Earnings from work
  • Retirement and pension payments
  • Social Security benefits
  • Social Security Disability payments

However, Unreimbursed Medical Expenses (UMEs) may be deducted from your annual income to reduce your countable income. Examples of UMEs include:

  • Home health services
  • Dentures
  • Hearing aids
  • Wheelchairs
  • Health insurance premiums
  • Prescription drugs

Net Worth Requirements for 2023

Your net worth must be below a certain limit to be eligible. As of 2023, the VA net worth limit is $150,538. Net worth includes:

  • Investments
  • Bank accounts
  • Retirement funds
  • Furniture
  • Boats
  • Vacation homes

Note: Your primary residence and automobile are not included in the net worth calculation for eligibility purposes.

How We Can Help

As an Accredited Attorney with the Veterans Administration, I can assist you with veterans planning and obtaining the benefits you deserve. We will review your income and assets and provide advice and strategies to help you qualify for these valuable benefits.

If you need help navigating the complex world of veterans and government assistance programs, contact my law firm in Wayne, New Jersey. I am eager to assist you and your loved ones in meeting your future needs by making a plan today. It’s never too early or too late to begin planning for your security.

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Please note that the information provided is based on data available as of 2023 and may be subject to change. For the most current information and personalized advice, please schedule a consultation.

Protect your future and gain peace of mind. Contact my office today to learn how you can benefit from Aid and Attendance and other veterans’ benefits.

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