Many veterans and family members are unaware of the potential benefits they may be eligible for through Aid and Attendance. The law firm of Bosley & Bratch can help you determine if you qualify for Aid and Attendance for in-home or nursing home care, or for other medical or financial needs.
To learn more about Aid and Attendance, and for help determining if you are eligible, contact a lawyer from our firm. To schedule a free consultation with a Virginia Aid and Attendance attorney, call 866-974-0705.
Qualifying for Aid and Attendance
The VA Aid and Attendance is an additional benefit paid to veterans, their spouses, surviving spouses and parents that is in addition. This benefit is paid in Pension, Dependency and Indemnity Compensation (DIC) and Pension Programs. It is designed to provide monetary assistance above who are in need of aid or assistance with activities of daily living. This aid or assistance can be provided at home, in an assisted living facility, or in a nursing home and can be provided by friends, family, or healthcare professionals.
Special Monthly Compensation for Aid and Attendance
If a veteran is service connected at the 100% rate and the veteran or his spouse are housebound, bedridden, or is so helpless to need the aid and attendance of another person, then consideration of payment of additional SMC can be considered. The amount of SMC will vary depending on the level of aid and attendance needed.
Special Pension Aid and Attendance
The most common form of Aid and Attendance is in VA Pension claims. This Aid and Attendance is payable in addition to the Pension and requires that the applicant also qualify or be receiving the VA Pension.
Service Requirements for Aid and Attendance
A veteran or the veteran's surviving spouse may be eligible if the veteran:
- Was discharged from a branch of the United States Armed Forces under conditions that were not dishonorable AND
- Served at least one day (did not have to be served in combat) during wartime periods and had 90 days of continuous military service:
Disability Requirements for Aid and Attendance
Veterans, spouses of veterans or surviving spouses can be eligible for Aid and Attendance benefits if they meet the following disability requirements:
- The aid of another person is needed in order to perform personal functions required in everyday living, such as bathing, feeding, dressing, toileting, adjusting prosthetic devices, or protecting himself/herself from the hazards of his/her daily environment; or
- The claimant is bedridden, in that his/her disability or disabilities require that he/she remain in bed apart from any prescribed course of convalescence or treatment; or
- The claimant is in a nursing home due to mental or physical incapacity; or
- The claimant is blind, or so nearly blind as to have corrected visual acuity of 5/200 or less, in both eyes, or concentric contraction of the visual field to 5 degrees or less.
Income Requirements for Aid and Attendance?
The claimant's countable family income must be below a yearly limit set by law. Countable Income means income received by the claimant and his or her dependents. It includes earnings, disability and retirement payments, interest and dividends, and net income from farming or business. A claimant must report all income, but the VA will exclude any income that the law allows. Public assistance, like SSI, is not counted as part of countable income. The annual income limits for the Aid and Attendance program are higher than those set for the basic pension. The maximum Aid and Attendance benefit that can be paid monthly to a single veteran is $1,645, but the veteran must have countable income of $0 to receive the maximum benefit.
The following chart includes the set yearly income rate/annual pension Aid and Attendance limit set by Congress; it also includes the maximum monthly benefit*:
- Veteran Without Dependents $20,447
- Veteran Without Dependents $24,239
- Spouse Without Dependents $13,138
- Spouse Without Dependents $15,673
* Rates as of 12/1/11.
Unreimbursed Medical Expenses
Income limits may be reduced by unreimbursed medical expenses, insurance premiums, medical supplies, etc.
The attorneys at Bosley & Bratch are familiar with the intricacies of veterans' disability law and the requirements to qualify for Aid and Attendance. We can help you identify various sources of compensation that may be available if you are a veteran in need of financial assistance.
Contact an Indianapolis Veterans' Benefits Attorney
To learn more about seeking pension benefits as a veteran, contact us online today to schedule a free initial consultation.
