As an elder law attorney, I often deal with funding long term care. While there are many programs, like Medicaid and Special Assistance, VA Benefits also are an option. These benefits can apply to the veteran, as well as a spouse or dependent children. The elderly most often apply for Pension Benefits, with ‘Aid and Attendance’ as the most frequently asked about program.

Aid and attendance is a subtype of Pension called Special Monthly Pension. In fact, there are two types of Special Monthly Pensions. The first type of Special Month Benefit is ‘housebound benefits.’ These benefits are awarded when the VA determines that a veteran who has been found disabled, is now housebound. ‘Aid and attendance’ is awarded when the VA finds that the veteran needs the aid and attendance of another person. Calculation of benefits

To calculate the amount of benefits, the VA starts with the maximum annual pension rate (MAPR). This rate changes based on the level of care; ‘Aid and Attendance’ received the highest MAPR. That amount is divided by 12 to calculate the monthly pension rate. Eligibility

The VA Regulations establish five basic eligibility criteria for pension:

▪ The Veteran must be discharged under other than dishonorable conditions.

▪ The Veteran must have served 90 days on active duty, with at least one day wartime duty. ▪ The Veteran must have limited income, and a net worth that does not provide for their maintenance.

▪ The Veteran must be permanently and totally disabled at the time of the application for pension.

▪ The permanent and total disability must not be due to willful misconduct of the veteran. Income

As explained above, the VA starts with the Maximum Annual Pension Rate (MAPR), then deducts income to calculate the pension benefit. Income cannot be higher then the MAPR. Although most income is countable, a veteran can utilize deductions to lower their income. Subject to individual circumstances, the most significant deduction is medical income. This is a distinguishing factor from Medicaid, another program utilized by the elderly to fund long term care. Net worth

Given that Pension is a needs-based program, the VA will also analyze the veteran’s net worth in addition to their income. The VA will deny or discontinue pension when it is reasonable that some parts be directed toward the veteran’s maintenance. The VA Adjudicators analyze this on a case-by-case basis. Permanent and total disability

As exampled above, ‘Aid and Attendance’ and ‘Housebound’ benefits are a subsection of the pension program called Special Monthly Pension. While Pension requires permanent and total disability, Special Monthly Pension require that the veteran prove greater disability.

In other words, while the VA applies a rating system to determine permanent and total disability for regular Pension, the veteran has several additional avenues to become eligible for Special Monthly Pension. The veteran will qualify if they are blind, a patient in a nursing home, requires assistance on a daily basis for their activities of daily living, or have a disability rating of 100 percent.

Good information at the right time can be invaluable to families going through a crisis. However, the information above is only a brief overview. It is subject to individual circumstances and therefore should NOT BE CONSIDERED LEGAL ADVICE. For individuals seeking guidance an elder law attorney should be consulted.

Morgan Drutchas is an elder law attorney at Wallace Mercogliano, PA. She can be reached at 919-552–2501. Feel free to call if you have any questions or concerns.