Heritage Law Center

Jerry D. Balentine, P.C. & Associates

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Veterans Benefits -
Aid and Attendance

General Qualifications for Non-Service Connected Aid and Attendance



Veteran, Widowed Spouse, and Dependent or Disabled Child (
Any May be a Claimant)

  • Veteran Must have Served at Least Ninety Days Active Duty with One Day of the Ninety During a Qualified War Period (Ninety Days Must Generally be Consecutive, with Some Exceptions)

 

  • Veteran Must have had an Other than "Dishonorable" Discharge

 

  • Claimant’s Physician Must Declare Him/Her as Housebound and in Need of Assistance from Another Individual, Which May Include Services Offered by Assisted Living

 

  • Claimant Should have Less than $80,000.00 in Household Assets; Excluding Primary Home, Car, and Personal Belongings (If Assets are Jointly Owned by Other than Spouse, Only the Claimant’s Share is Generally Countable. In the Case of a Married Veteran, Both His/Her Assets are Countable. Although $80k is Typically the Asset Cap, the VA May Also Consider the Claimant’s Life Expectancy and Demand Lower Total Assets. In the Case of Assets Over $50k, It May be Best to Consult an Elder Law Attorney)

 

  • Claimant’s Household Out-of-Pocket Yearly Medical Expenses Must Exceed or Come Close to His/Her Total Yearly Household Gross Income (Total Yearly Cost of Assisted Living is Typically Considered a Medical Expense)

 

  • Widowed Spouse Must have been Married to the Veteran for at Least One Year, OR have had Children by the Veteran if Married Less than One Year, and Never Remarried (with Possibly One Very Rare Instance)

 

  • Widowed Spouse Must have been Living with the Veteran at the Time of the Veteran’s Death, Unless the Separation was Due to Medical or Military Reasons (There May be Some Exceptions Related to Separations Due to Abuse)

 

  • Minor or Disabled Adult Children May Qualify for Limited Benefits on Their Own 


2009 Maximum Pension Rates for Aid and Attendance


 

Single Veteran $1,644.00 Per Month or $19,736.00 Per Year

Married Veteran $1,949.00 Per Month or $23,396.00 Per Year

Widowed Spouse $1,056.00 Per Month or $12,681.00 Per Year

Veteran Married to Veteran (Both A & A) $2,540.00 Per Month or $30,480.00 Per Year


 

Once Awarded Aid and Attendance or Housebound Status, a Veteran May Obtain Free Medications, Medical Equipment, Incontinence Supplies, Glasses, and Hearing Aides from the VA Hospital/Clinic via U.S. Mail Without Going to the VA Clinic or Hospital. A Separate Application Must be Made Through the Health Care System.

**Note: Each VA Claim is Unique and the Above Criteria is Generic in Nature and May Not be Applicable to Each Claimant.


 





Heritage Law Center
Jerry D. Balentine, P.C. & Associates
Chase Bank Building, Suite 305
6303 North Portland
Oklahoma City, Oklahoma 73112
Tel: 405-946-4500
Fax: 405-946-4757
E-Mail:
info@balentinelaw.com
Internet: http://www.heritagelawcenter.com

This information is designed to provide a general overview with regard to the subject matter covered and is not state specific. The authors, publisher and host are not providing legal, accounting, or specific advice to your situation.