Aid and Attendance Benefits for Veterans
Serving Clients in Houston and the Surrounding Area
Houston, Texas Veterans Benefits Law Firm
If you or a loved one served in the United States military, you may be entitled to benefits that can help pay for long-term care — including assisted living, in-home care, and nursing home care. Many veterans and surviving spouses are unaware that these benefits exist, and as a result, they go unclaimed every year.
At The Stegall Law Firm, we help veterans and their families in Houston and the surrounding area understand and access the benefits they have earned. We provide this guidance at no cost to the veteran as part of our commitment to serving those who have served our country.
Aid and Attendance Benefits
The Aid and Attendance (A&A) pension benefit is a monthly payment made by the Department of Veterans Affairs (VA) to eligible veterans and surviving spouses who require assistance with daily living. Here are the key things you should know about this benefit:
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Aid and Attendance is a tax-free benefit. The monthly payments you receive are not subject to federal income tax, which means you keep every dollar.
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A&A can be used to pay for a wide range of care. Benefits can be applied toward the cost of in-home caregivers, assisted living facilities, adult day care, and nursing home care.
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You do not need to have a service-connected disability. Unlike VA disability compensation, Aid and Attendance is available to veterans whose care needs are not related to their military service.
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Surviving spouses may also qualify. If a veteran who met the service requirements has passed away, their surviving spouse may be eligible for A&A benefits in their own right.
The Application Process
Applying for Aid and Attendance benefits can be a lengthy and detailed process. The VA requires extensive documentation of military service, medical condition, and financial status. Errors or omissions on the application can result in delays or denial.
If your application is denied, you may have to wait up to a year before you can reapply. This makes it critically important to get the application right the first time.
It is also important to know that it is illegal for anyone to charge a fee to help a veteran file a VA claim. If someone is asking you to pay them to submit your application, that is a violation of federal law. At The Stegall Law Firm, we assist veterans with understanding their benefits and the planning that surrounds them at no cost.
The Aid and Attendance Benefit — How Much Could You Receive?
The amount of the Aid and Attendance benefit depends on the veteran’s status and level of care need. According to the Genworth 2020 Cost of Care Survey, the national median annual cost of care ranges from approximately $54,912 for a home health aide to $105,850 for a semi-private room in a nursing home. Aid and Attendance benefits can help offset these significant costs.
The 2021 Maximum Monthly Benefits
The VA establishes maximum monthly pension rates each year. The following tables show the 2021 maximum monthly benefit amounts for the three tiers of VA pension:
Basic Pension
| Status | Monthly Benefit |
|---|---|
| Veteran (single) | $1,160 |
| Veteran (married) | $1,520 |
| Surviving Spouse | $778 |
Aid and Attendance
| Status | Monthly Benefit |
|---|---|
| Veteran (single) | $1,936 |
| Veteran (married) | $2,295 |
| Surviving Spouse | $1,244 |
Housebound
| Status | Monthly Benefit |
|---|---|
| Veteran (single) | $1,418 |
| Veteran (married) | $1,778 |
| Surviving Spouse | $951 |
Who is Eligible?
Eligibility for Aid and Attendance benefits is based on three categories of requirements: service, medical, and financial.
Service Requirements
The veteran must have served at least 90 days of active military duty, with at least one day during a wartime period. The veteran must have been discharged under conditions other than dishonorable. Wartime periods recognized by the VA include:
- World War II (December 7, 1941 – December 31, 1946)
- Korean War (June 27, 1950 – January 31, 1955)
- Vietnam War (August 5, 1964 – May 7, 1975; February 28, 1961, for veterans who served in-country)
- Gulf War (August 2, 1990 – present)
Medical Requirements
The veteran or surviving spouse must demonstrate a medical need for assistance. Specifically, the applicant must meet at least one of the following criteria:
- Requires the aid and attendance of another person to perform activities of daily living, such as bathing, dressing, eating, adjusting prosthetic devices, or attending to the needs of nature.
- Is bedridden apart from any prescribed course of convalescence or treatment.
- Is a patient in a nursing home due to mental or physical incapacity.
- Has a disability resulting in significant visual impairment, including corrected visual acuity of 5/200 or less in both eyes, or concentric contraction of the visual field to 5 degrees or less.
A physician’s statement documenting the applicant’s care needs is required as part of the application.
Financial Requirements
The applicant’s countable income must fall below the applicable Maximum Annual Pension Rate (MAPR), and their net worth must not exceed certain limits. The VA considers both income and assets when determining eligibility.
How Can I Qualify?
Meeting the financial requirements for Aid and Attendance can be challenging, particularly for veterans or surviving spouses who have modest savings but income or assets that exceed the VA’s limits. There are legal strategies that can help applicants restructure their finances to meet eligibility requirements without running afoul of VA rules.
These strategies may include:
- Paying down debt or making exempt purchases
- Establishing certain types of trusts
- Paying for unreimbursed medical expenses (which reduce countable income)
- Restructuring income streams
It is essential that any financial restructuring be done in compliance with VA regulations. The VA imposes a look-back period and net worth penalties for improper transfers, similar to the Medicaid program.
Countable Income Requirements for 2021
The VA defines countable income as gross household income minus unreimbursed medical expenses. If a veteran’s (or surviving spouse’s) countable income exceeds the applicable MAPR, they are not eligible for the pension benefit.
However, unreimbursed medical expenses — including the cost of in-home care, assisted living, nursing home care, prescription medications, insurance premiums, and other qualifying expenses — are deducted from gross income to arrive at countable income. In many cases, a veteran whose gross income exceeds the MAPR can still qualify because their medical expenses bring their countable income below the threshold.
Net Worth Requirements for 2021
Effective October 18, 2018, the VA established a bright-line net worth limit for pension eligibility. For 2021, the net worth limit is $130,773. This figure is adjusted annually based on cost-of-living increases.
Note: As of December 1, 2021, the net worth limit increased to $139,773.
Net worth includes all assets — such as bank accounts, investments, real estate (other than the primary residence), and other property — plus annual income. If the applicant’s net worth exceeds this limit, they are not eligible for the pension benefit until their net worth is reduced below the threshold.
The VA also imposes a three-year look-back period on asset transfers. If the applicant transferred assets for less than fair market value during the three years preceding the application, the VA may impose a penalty period of up to five years during which the applicant is ineligible for benefits.
We Can Help
Navigating the VA benefits system can be overwhelming, especially during a time when your family is already dealing with the stress of a loved one’s declining health. At The Stegall Law Firm, we are committed to helping veterans and their families access the benefits they have earned.
We will help you:
- Determine whether you or your loved one is eligible for Aid and Attendance or other VA pension benefits
- Understand the financial requirements and develop a plan to meet them
- Gather the necessary documentation and prepare a complete, accurate application
- Coordinate VA benefits planning with Medicaid planning and other elder law strategies
Contact us today to schedule a consultation and learn how we can help you access the benefits you deserve.