Archive for the ‘Aid and attendance’ Category

Asbestos – Compensation for Veterans

  Even though mesothelioma-afflicted veterans are just as entitled to VA disability benefits as those who were wounded in battle, many struggle to get the compensation they deserve. The difficulty in obtaining VA benefits stems from the “burden of proof.” In order to qualify for benefits, a veteran must prove that their illness is related to asbestos exposure during their time of service. Because asbestos was so widely used up until the late 1970s—and because illnesses like mesothelioma may take 20 to 40 years to emerge—it can be a grueling process to pinpoint which product or application was responsible for…

Read More »

Attention Vietnam Veterans: You were exposed to Agent Orange – Get Help

NBC explains Agent Orange and the process to file a claim – Vietnam Veterans Exposed to Agent Orange Are you a Vietnam Veteran who suffers with (or the loved one of a veteran who died of) Parkinson's disease, ischemic heart condition, or a B-cell leukemia or another condition that can be linked to one of these? Did you (the veteran) or the deceased veteran serve in the Republic of Vietnam, the waterways of Vietnam, or on the Korean DMZ any time from January 9, 1962 thru May 7, 1975? Did you (the veteran), the deceased veteran, or the deceased surviving…

Read More »

Attention Senior Veterans – What Do You Know About Aid and Attendance?

Senior veteran households represent 55% of the 22.7 million veterans in the United States. However, most veterans are unaware of aid and attendance benefits. We provided a free seminar on service and non-service connected pensions, recently, with over 120 people attending. Only, one veteran had heard of aid and attendance benefits, and only about 5% of qualified U.S. senior veterans are actually receiving this benefit. Veterans you need to be aware of this benefit to offset the costs of assisted living facilities, nursing homes, and home care. For more information see our previous blogs, including Most Veterans are unaware that…

Read More »

What is VA Accreditation?

Accreditation refers to the authority granted by the VA to those who meet the standards established by the VA. VA's stated purpose in requiring accreditation is to ensure that claimants for VA benefits receive "qualified assistance in preparing and presenting their claims." Firms or Individuals who are not accredited cannot offer advice to anyone on filing a claim for pension. In order to provide a consultation on a client's individual claim you must be accredited. You cannot help someone or advise someone on an application and then have the family file a claim unless you are accredited.

Saluting our Senior Veterans

For eligibility for A & A, it is primarily determined by the veteran’s assets, income, and unreimbursed medical expenses (UME)

What’s the proper way to notify the VA of the death of a veteran receiving Aid and Attendance?

Provide the VA with a statement in support of claim form (21-4138) and a copy of the death certificate when available.  To stop direct deposit of benefits, the next of kin or Personal Representative of the Estate should call 1-877-838-2778 and request payments be stopped. The VA pays one month in arrears; the check for March is for the month of February. Therefore, the deceased, a single veteran with no dependents, the check for February can be kept. However, the March check needs to be returned.  If the veteran was married or a dependent child, the check for the entire month…

Read More »

What happens if a Vietnam Veteran, who was exposed to Agent Orange, dies before his service connected claim is finalized?

This veteran should have filed a long time ago; therefore, the veteran needs to file IMMEDIATELY.  (1)  If veteran dies before the claim is awarded, is married or has a dependent child, that person must be substituted for the veteran. Therefore, the original claim can be processed. Consequently, the payment is the same as if the veteran had lived. (2)  If the veteran dies without dependents, a family member may file for accrued benefits. Providing that the family member personally paid for any expenses related to the last illness and/or funeral/burial.  Therefore, the VA will reimburse up to, what was paid by…

Read More »

Can a veteran’s mother make a claim for Aid and Attendance?

Although, his mother is considered a dependent, on a veteran's service connected compensation claim, if the veteran is rated 30% or more, in my opinion, the VA will not allow a parent to be a dependent on a non service connected pension claim. Because, dependent children and spouses are only allowed, as dependents, on a non service connected pension claims.

Veteran resides at an assisted living facility but wants to retain her home?

If you rent the home this is income. Therefore you have to report this income, and it can affect your aid and attendance. Consequently, prepare a caregiving agreement, where a family member will reside in the residence, and they will pay the taxes and property insurance only.  This is exempt as rental income. Therefore, you do not have to declare the money paid by the family member, as this is considered family maintenance. Additionally, the veteran must retain the right of occupancy i.e. to occupy the home at any time. Therefore, the home remains an exempt asset.

Will the VA take into account the spouse’s assets if there is a legal separation (rather than divorce?)

Hand write “separated from spouse and filing as single vet”.

Close
loading...