Resources from the Law Office of John L. Roberts

Veterans Benefits:
An Important Resource for Elder Care

By John L. Roberts
Accredited Attorney, Department of Veterans Affairs

The strict requirements for Medicaid eligibility make Veterans Aid and Attendance benefits an essential resource for many veterans and spouses. We help our clients determine whether they are eligible for this important benefit.

If the veteran has served ninety consecutive days active duty, with at least one day during war time, honorably discharged, the veteran and spouse may be eligibility. Link to Request Military Service Record. Aid and Attendance benefits can be combined with Social Security and pension income, to make long term care planning work for veterans and their spouses.

To qualify a veteran or his spouse for the Aid and Attendance pension, the VA regulations look at whether some or all of the claimant’s estate should be consumed for the claimant’s maintenance. The VA considers:

• whether the property can be readily converted into cash at no substantial sacrifice;
• life expectancy;
• number of dependents who meet the definition of “member of the family”
• potential rate of depletion, including unusual medical expenses under the principles outlined in 38 CFR §3.272(g) for claimant and dependents

To decide whether to award Aid & Attendance, the VA looks at the value of "liquid assets":
cash, stocks, IRA, 401k, other tax-deferred income, bonds, mutual funds, art, coins, stamps, and collectibles.

In addition to assets, the VA looks at monthly income. If unreimbursed medical expenses are equal to your household income, you are entitled to the maximum Aid & Attendance benefit amount listed in the drop down box on the right side of this page.

VA Nursing Home Care at Leeds, Massachusetts: The enrollment staff and social workers conduct a one on one review of each case. The official VA benefits brochure explains: “While some veterans qualify for indefinite nursing home care services, other veterans may qualify for short-term services.

Among those who automatically qualify for indefinite nursing home care are veterans whose service-connected condition is clinically determined to require nursing home care and veterans with a service connected rating of 70% or more.
Other veterans – with priority given to those with service connected conditions – may be provided short term nursing home care if space and resources are available.” Waiting lists and income and asset assessments are part of the process.

The Department of Veterans Affairs has published rules at 38 CFR 17.111 on VA co payments and how much money a spouse can keep, if the veteran is receiving long term nursing home care from the VA. A spouse can keep a primary residence, and some other assets. These rules are similar to the rules for MassHealth and Medicaid. The availability of care can prove more options to married couples who need care now, or may need care in the future.