Veteran’s Aid and Attendance
Life Requires Planning. . . .
Life is expensive. Long term health care costs make life even more expensive. But, if you are a Veteran or a Widow of a Veteran, you may be able to receive tax-free income from the United States Department of Veterans Affairs. Many of our service men and women and their spouses are not even aware that these benefits may be available to them. This income can help with daily living expenses and also help pay for the cost of home health care, assisted living care, and nursing home care.
What Benefits Might Be Available? If you satisfy the criteria described below, you may be entitled to an “Improved Pension,” a “Household Supplement,” or the “Aid and Attendance” benefit. We are veterans’ lawyers can help you and your loved ones obtain the benefits to which you may be entitled.
Improved Pension Benefits. All of the following criteria must be met before being eligible to receive Improved Pension benefits:
- The veteran must have served at least 90 days of active service with at least one day of service during a wartime period.
- The veteran must have received a discharge that is other than dishonorable.
- The claimant must have limited income and assets available.
- The claimant must have a permanent and total disability, and the disability was caused without willful misconduct of the claimant.
- The veteran or widow(er) signs an application and provides the application to the Veteran’s Administration.
Low income pension is the VA’s equivalent of SSI. The claimant must meet all the criteria above (except for widowed spouses – who can be under the age of 65 and have no disabilities).
Household Supplement. Pension benefits with a Housebound supplement are available to a veteran or their widow(er) who is determined to be disabled and is essentially confined to the home. The two ways to prove entitlement include:
- A single permanent disability rated as 100% disabling under the VA schedule and confined to the dwelling, or
- A 100% disability with another 60% disability, regardless of whether or not the person is confined to the dwelling.
Notwithstanding in the above two methods of proof requiring some sort of disability, a disability rating is not required for people aged 65 or older.
Veteran’s Aid and Attendance. Pension benefits with this supplement are available to a veteran or their widow(er) who meets one of the following conditions:
- Claimant is blind;
- Claimant is living in a nursing home; OR
- Claimant is unable to:
- dress/undress or keep self-clean and presentable;
- unable to attend to the wants of nature; OR
- has physical or mental incapacity that requires assistance on a regular basis to protect claimant from daily environmental hazards.
How Can We Help? As of June 23, 2008, the VA began requiring that anyone who assists a veteran or family member with the preparation, presentation and prosecution of a claim for benefits to be accredited by and through the VA before they can legally provide assistance. At Fendrick & Morgan, LLC, Doug and Jamie are both accredited through the VA and are proud to each serve as a veterans’ lawyer. We are trained and equipped to navigate you through the myriad of VA rules and regulations to help you receive the valuable government benefits to which you may be entitled. When you need an attorney for veterans in New Jersey, you can call upon us with confidence.
Benefits of VA Planning
- Ensure that you receive the full compensation to which you are entitled for your time of service, or that of your spouse.
- Increase your income.
- Receive additional dollars, tax-free, to help pay for long term health care costs, including home health care, assisted living and nursing home costs.
- Peace of mind.