In recent years, applicants for Medicaid benefits in New Jersey have been incorrectly denied eligibility as a result of including as “countable income” the applicants’ Veterans Administration Improved Pension (“VAIP”) benefits awarded pursuant to 38 U.S.C. § 1541(d)(1) for unreimbursed medical expenses (“UMEs”). New Jersey’s Medicaid agency, the Department of Medical and Health Services (“DMAHS”),.. read more →
The Department of Veterans Affairs (VA) is causing Medicaid applicants to be incorrectly denied benefits due to the way the federal agency is reporting the VA pension benefit to state agencies for the purpose of determining Medicaid eligibility. In that regard, the VA is issuing letters to state Medicaid agencies which breakdown the VA benefit.. read more →
It IS possible for a surviving veteran to receive Dependency and Indemnity Compensation (DIC) Benefits from the Department of Veterans Affairs (VA) based on the deceased spouse’s military service as well as a VA Pension Benefit based on the survivor’s own military service, but any DIC award based on the deceased spouse’s service will be.. read more →
For years, clients have asked about pension benefits available from the Department of Veterans Affairs (VA). Because of this consistent client interest, I’ve written about VA pension benefits with Housebound or Aid and Attendance Supplement in many blog posts over the years. However, one issue I haven’t blogged about yet involves calculating the amount of.. read more →
Must I be living in a care facility or receiving care at home before I apply for VA benefits? No, it is not necessary to be living in a care facility in order to apply for VA benefits. However, if you are in need of personal assistance, a protective environment and your doctor confirms your.. read more →
Veteran, Widowed Spouse, and Dependent or Disabled Child May Be A Claimant for VA Pension Benefits Veterans must have served ninety (90) days on active duty, one day of which was served during wartime. (Note: Those who enlisted after September 7, 1980 have a different active duty service requirement.) Veteran cannot have had a dishonorable.. read more →
The Department of Veterans Affairs (VA) announced it is cutting red tape for Veterans who receive VA pension benefits by eliminating the need for them to complete an annual Eligibility Verification Report (EVR). VA will implement a new process for confirming eligibility for benefits, and staff that had been responsible for processing the old form.. read more →
(I recently presented a program on Veterans Benefits and Social Security Disability Benefits at the Elder Law College, a seminar on Elder Law and Special Needs Law presented each year by the New Jersey Institute of Continuing Legal Education. A summary of the seminar material is presented below.) VA BENEFITS Veterans and their families should.. read more →
Following are the increased rates paid by the Department of Veterans Affairs (VA) beginning in 2013 for Base Pension benefits, with Housebound and Aid and Attendance supplements. The higher rates include a 1.7% cost of living increase. For the Veteran Monthly VA Base Pension Benefits: Without Dependents: $1,037 With One Dependent: $1,359 Monthly Housebound Benefits:.. read more →
On October 26, 2012, David McLenachen, Director of the Pension and Fiduciary Division, Department of Veterans Affairs (VA), issued Fast Letter 12-23. Described as a clarification of VA policy, this fast letter actually substantially tightened the eligibility criteria for veterans and others residing in senior or independent living facilities who apply for needs-based VA pension.. read more →
Aid and Attendance is a benefit that is available through the Department of Veterans Affairs (VA) to a qualifying veteran whose net worth is not “excessive” and who: is bedridden, or requires the aid of another person to perform activities of daily living, or is a nursing home resident, as a result of mental or.. read more →
The Department of Veterans Affairs’ (VA) pension program is intended to provide money benefits to wartime veterans in financial need. It is available to veterans aged 65 and older and those with non-service connected disabilities, as well as to their surviving spouses and dependent children. To be eligible for VA pension benefits, a claimant must.. read more →
The Department of Veterans Affairs (VA) recently announced the release of 68 new forms that the agency anticipates will help speed the processing of veterans’ disability compensation and pension claims. These forms can be completed by private physicians, eliminating the need for a VA clinic examination in certain circumstances. “VA employees will be able to.. read more →
1. 2012 Maximum Pension Rates for VA Base Pension Plus Aid and Attendance Supplement Single Veteran – $1,703.00 Per Month or $20,447.00 Per Year Married Veteran – $2,019.00 Per Month or $24,239.00 Per Year Surviving Spouse – $1,094.00 Per Month or $13,138.00 Per Year Veteran Married to Veteran (Both A & A) – $2,631.00 Per.. read more →
Who Can Help Me Fill Out the Forms? Any non-accredited individual may assist with completing the forms; however, this individual is allowed to assist ONLY one person. A VA accredited agent or a service organization, such as your local State Veterans Office, VFW, or American Legion may help you, as well as a VA accredited.. read more →
Veterans and their families should be aware of the various benefits that may be available to them through the United States Department of Veterans Affairs (“VA”). I. GENERAL HEALTH AND OTHER PROGRAMS The VA offers many special programs for veterans, among which are the following: Benefits for returning veterans: Health care for 5 years.. read more →
Effective December 1, 2011 The COLA increases for major Pension benefits follow. Charts showing COLA increases for all Pension benefits and for all parents’ Dependency and Indemnity Compensation (DIC) benefits are attached here. Single Veteran Base Pension: $12,256 annually; $1,021 monthly Supplements: Housebound: $14,978 annually; $1,248 monthly Aid & Attendance: $20,447 annually; $1,703 monthly Veteran.. read more →
Following are descriptions of several of the issues which attorneys at my law office have confronted in recent claims we filed on behalf of veterans and their dependents seeking non-service connected pension benefits from the Department of Veterans Affairs (VA) which may be of interest to readers. Life Insurance The face value of a life.. read more →
Title 38 of the United States Code. This is the section of the codified laws of the United States that applies to benefits provided through the Department of Veterans Affairs (VA). The United States Code is a compilation and codification of the general and permanent federal laws of the United States. Section 38 of the Federal Regulations… read more →
In Freeman v. Shinseki, No. 10-1462 (U.S. Ct. App. Vet. Claims April 26, 2011), 2011 U.S. App. Vet. Claims LEXIS 906, the U.S. Court of Appeals for Veterans Claims handed a partial victory to a veteran attempting to challenge the VA’s appointment of a third-party fiduciary, instead of petitioner’s sister, to control his finances. The.. read more →
(The following is part of a discussion, taken from a listserv, or electronic bulletin board, concerning benefits available for veterans, their dependents and survivors from the Department of Veterans Affairs (“VA)”.) Question: Assume the following facts – an applicant for needs-based pension benefits from the VA signs a deed gifting income-producing real estate to an.. read more →
The Veterans Benefits Act of 2010, Public Law 111-275, made a few relatively minor changes in veterans’ benefits laws that might be of interest to readers. None of the changes in the law go into effect until October 1, 2011. A few of the changes in the law follow: 1. There will be a cost-of-living.. read more →
(The following is part of a discussion, taken from a listserv, or electronic bulletin board, concerning benefits available for veterans, their dependents and survivors from the Department of Veterans Affairs (“VA)”.) Question: We just had a veteran denied for pension benefits with Aid and Attendance supplement from the Department of Veterans Affairs (“VA A&A Benefits”).. read more →
(This article is from the February 2011 Edition of the Compensation and Pension (C & P) Service Bulletin published by the Department of Veterans Affairs. The C & P Service website can be found here – https://www.benefits.va.gov/compensation/ ) During the Vietnam era, most naval aviation units were either carrier based or operated out of Western.. read more →
(The following is part of a discussion, taken from a listserv, or electronic bulletin board, concerning benefits available for veterans, their dependents and survivors from the Department of Veterans Affairs.) Question: I have a client who has applied for Aid and Attendance Benefits (A&A) from the Department of Veterans Affairs (VA). The client is moving.. read more →
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