Of the few Americans who are aware of financial benefits that are available to U.S. military veterans in the form of Veterans Administration (VA) low-income pension benefits, even fewer of the veterans or their widows or widowers who are eligible, or who could become eligible with proper planning by an elder law attorney, have done the planning and application to receive their federal benefits. Veteran pensions are available to many seniors age 65 or older, or who have other non-service-connected disabilities, and are financially eligible. The rules consider seniors age 65 and older automatically “disabled” for purposes of pension-benefit eligibility. Additional criteria can raise a veteran’s pension benefit above the basic independent pension if the veteran is “housebound” or in need of “aid and attendance” for certain activities of daily living.
Veterans with service-connected disabilities may be eligible for benefits that are classified as Disability “Compensation.” However, many more veterans have non-service-connected disability needs. These non-service-connected benefits are the area of VA benefits in which Miorini Law PLLC assists clients in planning for eligibility.
Shown below are maximum pension figures for the 12-month period beginning on December 1, 2010. Like Social Security retirement benefits, these numbers have not changed from those in effect from December 1, 2008 through November 30, 2009. They are the maximum one can receive after considering other income minus recurring medical-related costs. Deductible medical-related costs include a diverse range of expenses. They can include in-home caregiver costs or the costs of an assisted living facility, but the documentation must be presented properly in order for the costs to be deductible.
From December 2010 through November 2011, the basic low-income pension benefit for an independent veteran with no dependents is $985.00 per month. The benefit for an independent veteran with one dependent is $1,291.00 per month. If the veteran with no dependent is “housebound,” the monthly benefit increases to $1,204.00, whereas the housebound pension benefit for a veteran with a dependent is $1,510.00 per month. If the veteran with no dependent needs “aid and attendance” (commonly called “A&A”) for certain activities of daily living, the pension available is $1,644.00 per month. If the veteran has a dependent, the monthly benefit is $1,949.00. For all of the above categories, each additional dependent child raises the monthly benefit by $168.00. If a veteran is married to a veteran and both need A&A, the maximum monthly benefit is $2,540.00.
Pension benefits are also available for widows and widowers of veterans. From December 2010 through November 2011, the basic low-income pension benefit for a widow or widower of a veteran without dependents is $661.00 per month, whereas the widow or widower with a dependent is $865.00 per month. If the widow or widower is housebound, the benefit is $808.00 per month, and if he or she is housebound and has a dependent, the monthly benefit is $1,012.00. The A&A benefit is the highest for the widow or widower of a veteran: Without a dependent, the benefit is $1,056.00 per month; and with a dependent the benefit is $1,260.00 per month. As for the veteran above, each additional dependent child raises the monthly benefit by $168.00.
The VA website has a Compensation and Pension Service Page at http://www.vba.va.gov/bln/21/index.htm. The above numbers (presented as annual figures) and simple explanations of veterans pension benefits are available on the VA website at http://www.vba.va.gov/bln/21/Rates/pen01.htm, http://www.vba.va.gov/bln/21/rates/pen02.htm, http://www.vba.va.gov/bln/21/Rates/pen01b.htm and http://www.vba.va.gov/bln/21/pension/vetpen.htm#7, respectively. A two-sided flyer titled “A Summary of VA Benefits” is available to be downloaded at http://www.vba.va.gov/VBA/benefits/factsheets/general/21-00-1.pdf.
VA pension benefits can make a big difference in the ability of the veteran or widow or widower to afford basic costs of living, in-home caregivers in order to be able to stay at home, or to afford to live in an assisted living facility of his or her choice. Planning for eligibility for veterans pension benefits is similar to, but in some instances less complicated than the intricate planning often necessary for Medicaid eligibility. However, a very worrisome concern is that the simpler rules for VA pension benefit eligibility may entice seniors or their agents under Powers of Attorney to carry out transactions that will cause later Medicaid ineligibility if either the veteran or the veteran’s spouse, widow or widower should require Medicaid benefits within five years.
It is extremely important not to preclude later Medicaid eligibility. VA pension eligibility planning needs be done with careful analysis of its implications for eventual Medicaid eligibility for the veteran or his or her spouse. Veteran Service Organizations exist to provide no-cost assistance in preparing and filing applications for veterans benefits, but they are not qualified to assist veterans or their families with eligibility planning. Furthermore, they are not qualified to counsel veterans or their families in regard to Medicaid eligibility and the sometimes-conflicting standards and techniques that apply to the two sets of eligibility rules. Such planning requires the careful guidance and assistance of an experienced elder law attorney who is also accredited by the Veterans Administration.
NOTE: The Veterans Administration requires attorneys and other veterans benefits counselors to receive official accreditation in order to advise and represent veterans before the VA. Attorney Yahne Miorini, founder of Miorini Law PLLC, has received the required VA accreditation.
|