VA Benefits

VA AID AND ATTENDANCE – 2019

Eligibility Criteria

  • Must have served at least one day during a period of war; World War II; Korean Conflict; Vietnam; Persian Gulf War;
  • Must have served at least 90 days active duty
  • Must have received a discharge other than dishonorable.

A surviving spouse of a veteran that meets the eligibility criteria is also eligible for VA Aid and Attendance.

Medical Criteria

  • Inability of the veteran/ surviving spouse to dress or undress;
  • Frequent need of adjustment of any special prosthetic or orthopedic appliance which cannot be done without assistance;
  • Inability of the veteran/surviving spouse to feed himself;
  • Inability of the veteran/surviving spouse to toilet or needs assistance with bathing and showering;
  • Physical or mental incapacity of the veteran/surviving spouse which requires care or assistance to protect from hazards or dangers incident to his or her daily environment;
  • Assistance with transferring in or out of a bed or chair;
  • Assistance with walking;
  • Veteran/surviving spouse is bedridden due to a condition through its essential character requires him or her to be bedridden.

It is not required that all of the disabling conditions listed above be found to exist It is only necessary that the evidence establish that the veteran or the surviving spouse of the veteran is so helpless that there is a need for regular aid and attendance.

Net Worth

The net worth of the Veteran and his spouse cannot exceed the maximum community spouse resource allowance for Medicaid which is $126,420.00 for the year 2019. Net worth includes the non-exempt assets and the annual income.

Look Back Period

Any asset that was part of the Veteran and /or his spouse’s net worth that was transferred for less than fair market value 36 months prior to the Aid and Attendance application is subject to a transfer penalty. Also included in the look back period is any asset that was converted into an annuity. Any transfers made which occurred prior to October 18, 2018 will be excluded from the look back period and not subject to a transfer penalty.

Assets that are Not Included in Net Worth

The primary residence of the veteran and his spouse even if the veteran is not residing at the residence. If the primary residence sits on more than two acres, then the fair market value of the additional land is included in the calculation of net worth.

The personal property of the veteran and his spouse including furnishings, clothing, motor vehicles appliances and the like.

Expenses that can be deducted from Net Worth

  • Health Care provider payments;
  • Medications, medical supplies, medical equipment, and medically necessary food, vitamins and supplements;
  • Adaptive equipment;
  • Transportation expenses;
  • Health insurance premiums;
  • Smoking cessation products;
  • Institutional forms of care and in-home care including hospital charges, nursing home charges medical foster home charges and inpatient treatment centers including the cost of meals and lodging.

Income that is Not Included Net Worth

  • Agent Orange settlement payments;
  • Crime victim compensation;
  • Chapter 18 benefits;
  • Flood mitigation activities;
  • Relocation payments;
  • Payments to Native Americans;
  • Restitution to Individuals of Japanese ancestry;
  • Victims of Nazi persecution;
  • Miscellaneous Payments such as income tax refunds, food stamps, food for children, child care, home energy assistance, programs for older Americans, retired serviceman’s family protection plan annuities.