Burial benefits from the Veterans Administration (VA) are payable only under certain conditions (see below from the excellent website maintained by the VA). You may be eligible for a VA burial allowance if: you paid for a veteran’s burial or funeral, AND you have not been reimbursed by another government agency or some other source,.. read more →

An accredited VA attorney is an attorney who has been granted the authority by the Department of Veterans Affairs (“VA”) to prepare, present and prosecute claims for veterans benefits before the VA. Accreditation refers to the authority granted by the VA to those attorneys who meet the standards established by the VA. VA’s stated purpose.. read more →

A May 27, 2009 Administrative Law decision in Georgia addresses the impact of Veteran’s Administration (“VA”) Improved Pension with Aid and Attendance benefits on Medicaid eligibility. M.W. v. Georgia Department of Human Resources, reprinted here, concerns a nursing home resident who was the surviving spouse of a veteran and who was receiving Improved Pension with.. read more →

I copied the following dialogue from an elder law / estate planning listserv in which the participants were discussing strategies that they claimed veterans could use to qualify for VA Aid and Attendance benefits. Do you think the suggested strategies would work? Q – Does anyone have knowledge or experience on how the VA is.. read more →

Veterans may be eligible to receive up to $1,949 in non-taxable monthly income from the VA to pay for home health care, assisted living facility care, and nursing home care. To receive the improved VA benefits, the following criteria must be met: (1) the veteran must have served at least 90 days on active duty.. read more →

The Veterans Health Administration (VHA) operates and maintains a nationwide network of medical treatment centers, medical research centers and information resource centers. Through its nationwide network of facilities, the VHA provides inpatient and outpatient care, geriatric evaluations, nursing home care and domiciliary, home health, adult day, residential / respite care programs for veterans. To receive.. read more →

Under its statutory duty to assist claimants, the Veteran’s Administration (VA) is required to assist a veteran in obtaining the evidence necessary for the agency to make a decision on a claim for benefits. In general, VA has a duty to assist a claimant in obtaining all relevant records, to provide medical examinations and, where.. read more →

A claim for VA compensation or pension benefits is initiated by submitting VA Form 21-526, the proscribed application for benefits, to the agency. See 38 U.S.C. § 5101. In the alternative, any writing submitted to the VA can be an application for benefits since a claim for VA benefits does not have to be submitted.. read more →

There are three criteria that a veteran must meet in order to receive service-connected compensation from the Veterans Administration (VA): A Current Disability. There must be a current disability, one that has been diagnosed by a medical professional; An Event In Service. There must be evidence in the military service records of the occurrence or.. read more →

Under the veterans’ compensation benefits system, a veteran, a veteran’s dependents or a veteran’s survivors are required only to submit a “plausible claim” for an entitlement to VA benefits. Once a plausible claim has been submitted, the burden to fully and completely develop evidence to support that claim lies with the Department of Veterans Affairs.. read more →

The long-term budget plan developed by the Department of Veterans Affairs (VA) for rehabilitating veterans in nursing homes, hospices and community centers is flawed and underestimates costs by millions of dollars, according to a Government Accountability Office report released recently, the AP/Philadelphia Inquirer reported.  The report comes two years after VA announced a “politically embarrassing.. read more →

A. The Difference Between VA Compensation and VA Pension Benefits. A veteran who suffered an injury or contracted a disease while on active duty, and the injury or disease was the result of the veteran’s service or was exacerbated by the veteran’s service, can receive monthly income from the U.S. Department of Veterans Affairs (VA).. read more →

If a person with disabilities is a veteran, a child of a veteran, the spouse of a veteran, or the parent of a veteran, the disabled person may be eligible to receive benefits from the U.S. Department of Veterans Affairs (VA).  Moreover, the receipt of these benefits may jeopardize Supplemental Security Income (SSI) or Medicaid.. read more →

As stated in the December 19th Editorial in the New York Times, veterans often find themselves desperately short of the information they need as they attempt to obtain the benefits available from the U.S. Department of Veterans Affairs. However, one promising new source of information is now available: a 599-page guide to veterans’ issues, from.. read more →

I am happy to report that, as of September 19, 2008, I am an accredited attorney for “the preparation, presentation and prosecution of claims for veterans benefits before the Department of Veterans Affairs (VA).” The purpose of VA’s accreditation program is to ensure that claimants for VA benefits receive qualified assistance in preparing and presenting.. read more →

(The following is based upon a real discussion that recently took place on an elder law listserv for attorneys. It illustrates the misinformation that is often inadvertently provided to consumers by government agency personnel concerning the availability of and eligibility criteria for needs-based public benefits.) Question: I recently contacted the Veterans Administration (VA) about applying.. read more →

The Department of Veterans Affairs (VA) offers a wide range of benefits and services to eligible veterans, members of their families, and survivors of deceased veterans. VA programs include disability compensation and pensions, readjustment benefits, and health care programs. The VA also provides life insurance, burial benefits, housing and other loan guaranty programs, and special.. read more →

Recently, I wrote about the fact that VA Aid & Attendance Benefits are not countable as income in determining eligibility for Medicaid benefits. The same is true for Supplemental Security Income benefits. That is, VA Aid & Attendance Benefits are not countable as income in determining eligibility for SSI benefits either. The regulation is contained.. read more →

In recent presentations to staff at assisted living facilities, I was told that staff members hesitated to recommend to appropriate facility residents that they should apply for Veteran’s Administration (VA) Aid & Attendance benefits, even when the residents had limited income and/or resources and would financially benefit from the additional income that the VA benefit.. read more →