November is the time to celebrate Veteran’s Day, which was created to commemorate the end of The First World War. While The Great War did not end all wars, the hope for wartime veterans is that the fighting is over for them. To honor their selfless service, veterans are awarded pensions to see them through the rest of their lives, including the Aid and Attendance Pension.
The Kinds of Pensions Offered for Wartime Veterans
There are three general kinds of veteran pensions. A wartime veteran must meet basic requirements to qualify for any of them. This includes falling within financial limits in terms of both income and net worth, having a service-related disability confirmed by Veteran Affairs, and a discharge that was not dishonorable. The generalized requirement of a service-related disability can be regardless of physical acuity when a veteran exceeds 64 years of age.
Meeting these requirements and the specified duration of service qualifies a wartime veteran for a basic pension. A pension with a Housebound Allowance (or Housebound Pension) offers greater financial compensation and requires proof that a veteran is unable to leave his or her home.
A pension with an Aid and Attendance Allowance (an Aid and Attendance Pension) constitutes the highest monthly payment the VA provides. It is given to those veterans who require the help of another to perform the basic functions of life (eating, cleaning, maintaining personal hygiene, etc.).
Spousal pensions are available to support non-veteran spouses if a veteran passes away before his or her spouse. The basic eligibility requirements are the same as with the other kinds of pension, but the surviving spouse must also provide valid proof of marriage to the veteran.
How Does a Veteran Qualify for the Aid and Attendance Pension?
The Aid and Attendance Pension is specifically designed to provide monetary assistance for those veterans who need regular and comprehensive or nearly comprehensive personal assistance. This kind of assistance can be provided at the wartime veteran’s home, in a nursing home, or in an assisted living facility, and can be provided by family members, friends, or healthcare professionals.
The veteran may be eligible if he or she requires the aid of another person in order to perform personal functions required in everyday living. These may include feeding, bathing, using the restroom, dressing, adjusting prosthetic devices, or protecting themselves from the hazards of their daily environment. Those veterans who are bedridden due to their disability or disabilities are also eligible for pension benefits.
Veterans who are confined to nursing homes based on physical or mental incapacity are almost automatically awarded the Aid and Attendance Pension after application, as are those who are blind or nearly blind. This is defined as having a visual field concentric contracted to 5 degrees or less or a corrected visual acuity of 5/200 or less in both eyes.
On top of everything, the veteran must also qualify for financial aid. That designation is based on countable assets and income. These must equate to a net worth below the Medicaid Community Spousal Resource Allowance (CSRA). Many elderly veterans and surviving spouses whose incomes are above the congressionally-mandated VA pension legal limit may still qualify for the Aid and Attendance Pension if their care expenses are high. These may include nursing home expenses that are not reimbursed by insurance or other sources.
What if a Veteran Does Not Qualify for Aid and Attendance?
Veterans who do not qualify for Aid & Attendance may still be eligible for a Housebound Allowance. If they can provide proof of a permanent disability evaluated as 100% disabling, wartime veterans can be eligible for a Housebound Pension if their disability permanently confines them to their immediate premises or if they have other additional disabilities evaluated as 60% disabling or more.
Applying for the Aid and Attendance Pension
Like most allotments, Aid and Attendance Pensions are not awarded automatically. They must be applied for. The process may require copious documentation, including doctors’ reports indicative of the need for comprehensive or nearly comprehensive care. These will include diagnosis of injury, illness, or physical or mental disability that prohibit the ability to independently manage one’s own basic care.
Applications can take months, so it is important to gather all the necessary documents and take advantage of legal counsel. If you or another veteran prominent in your life would like legal advice in applying for any pension from the VA, our attorneys at Stevenson Smith Hood Knudson, P.C. can help.
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