VA Aid and Attendance

ElderLawLexington | McClelland & Associates, PLLC, works with veterans. We help our clients gain these benefits to meet a wide variety of costs and expenses, including:

  • Veterans pension with Aid and Attendance
  • Veterans estate planning
  • Nursing home Medicare benefit planning
  • Long-term care
  • Home care
  • Senior retirement living
  • Assisted living

ElderLawLexington provides clients with experienced legal counsel regarding Veterans Aid and Attendance benefits.The Department of Veterans Affairs provides Aid and Attendance benefits to veterans and surviving spouses who need help with everyday activities. The Aid and Attendance benefit is officially called an "Improved Disability Pension Benefit with Aid and Attendance Entitlement.” Widowed surviving spouses who have not remarried are eligible for this same benefit. Aid and Attendance pension benefit is a cash benefit that is paid out monthly for the rest of the veteran’s or surviving spouse’s life. If you want to qualify for this extra aid, contact our office for help. It is important to consult a VA accredited attorney when looking to apply for this benefit. Qualifying for the VA Aid and Attendance benefit can be challenging. There is an array of service, income and asset requirements that must be met before the benefit can be obtained. The Aid and Attendance benefit also requires a qualifying veteran or their surviving spouse to be paying for long-term care expenses that are unreimbursed by health insurance, Medicare or long-term care insurance. ElderLawLexington provides our clients with experienced legal counsel regarding Veterans Aid and Attendance benefits.

VA Aid and Attendance benefit is based on a person’s assets and income. When a person’s income and assets exceed the threshold, we can help clients preserve their assets and still qualify for VA benefit. To qualify for this VA Aid and Attendance benefit, there is an income/asset threshold that must be met. This threshold is calculated by taking your income and deducting your recurring medical expenses. The veteran must meet all of the following requirements:

  • The veteran must have served 90 consecutive days on active military duty.
  • The veteran must have received a better than dishonorable discharge.
  • The veteran must have served at least 1 day of active duty during a defined war period.
  • The widow must not have been divorced from the Veteran or remarried after his death.
  • The Veteran or widow must need assistance with their daily living activities.

Veterans qualifying for VA pension with Aid and Attendance benefits must have been on active duty service for at least 90 consecutive days. At least one day of this 90 day period must have been during a period of any of the following:

  • World War I (April 6, 1917 through November 11, 1948)
  • World War II (December 7, 1941 to December 31, 1946)
  • Korean War (June 27, 1950 to January 31, 1955)
  • Vietnam War (August 5, 1964 to May 7, 1975)
  • Gulf War (August 2, 1990 through date to be set by law by Presidential proclamation)
  • Continuous conflicts in Iraq and Afghanistan

The maximum benefits for 2017 that the VA Aid and Attendance will pay for long-term care are as follow:

  • Single veterans: $1,794 per month
  • Veterans with spouse or dependent: $2,127 per month
  • Two veterans married to each other: $2,846 per month

Navigating the VA Aid and Attendance benefit application process can be cumbersome and frustrating. At ElderLawLexington | McClelland & Associates, PLLC, our experienced elder law attorneys can help veterans and their surviving spouses obtain the benefits they need and deserve, when they can no longer function independently.

To schedule an appointment to discuss VA Aid and Attendance benefits, contact Elder Law Lexington at www.ElderLawLexington.com or call (859) 543-0061.