On January 6, 2011, the Department of Veterans Affairs (VA) launched an internet website for the VA fiduciary program. The VA states that this launch is only the first phase of the internet site and was designed to provide fiduciaries and other interested parties with information regarding VA’s fiduciary program. A VA fiduciary has significant.. 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: Our client is the widow of a veteran with no savings or other assets who resides in an assisted living facility (ALF). The.. read more →
(The following discussion, taken from a listserv, or electronic bulletin board, is between accredited professionals involved in assisting veterans in prosecuting claims for Home-Bound and Aid and Attendance Pension Benefits from the Department of Veterans Affairs (VA)) Question: My understanding has been that, when one or more persons are listed as joint-owners on a veteran’s.. read more →
Under the statutes, the Department of Veteran’s Affairs (VA) has a duty to assist a veteran in obtaining all relevant medical records, to provide medical examinations and obtain medical opinions necessary for the agency to make a decision on a claim for benefits. The duty has been explained in the cases in different ways, and.. read more →
The two monetary benefits available to disabled veterans are Service-Connected Compensation and Non-Service Connected Pension. Surprising though it may be, however, the Department of Veterans Affairs (VA) does not consider everyone who ever served in the military to be a “veteran” for benefits purposes. According to 38 U.S.C. §101(2) and 38 C.F.R. §3.1(d), a “veteran”.. read more →
The Benefits Inspection Division is part of the Office of Inspector General (IG) in the Department of Veterans Affairs (VA). The Benefits Inspection Division’s mission is to improve management of VA benefits processing activities and veterans’ services. The Benefits Inspection Division conducts on-site inspections at VA Regional Offices (VARO) to review disability compensation claims processing.. read more →
(I recently ordered a free DVD from the American Bar Association (ABA). That’s right; it was, surprisingly, actually free. And, another surprise, it has been quite good so far. In addition, the written materials included with the DVD in PDF format are excellent. The DVD, entitled “A Primer on Veterans Administrative Law, Practice and Procedure,”.. read more →
Following is an exchange posted on a electronic bulletin board devoted to the discussion of issues involving veterans pension and compensation claims. Question: Have you heard that once a veteran is approved for VA Pension benefits with Aid and Attendance supplement, he/she also gets free or discounted prescriptions? If this is true, how do I.. read more →
Following is an exchange posted on a electronic bulletin board devoted to the discussion of issues involving pension and compensation claims submitted to the Department of Veterans Affairs (VA): Question: My client applied for pension benefits from the VA. The client was deemed medically qualified for VA Aid and Attendance benefits, but denied pension benefits.. read more →
A growing number of my elder law clients have asked me whether the Department of Veterans Affairs (VA) considers assets transferred to various types of revocable and irrevocable trusts in determining eligibility for Improved Pension and Aid and Attendance benefits. The answer depends in large part upon the type of trust into which assets are.. read more →
Lately, I have seen a deceptive business practice beginning in New Jersey and the Northeastern states which, until recently, was largely confined to California and other western states. That is, the practice by certain companies of presenting themselves as non-profit organizations dedicated to assisting veterans by offering to prepare a veteran’s application for Aid and.. read more →
Family members in search of sources of funding of long-term care costs for loved ones who can no longer live independently are repeatedly given misinformation about the effect of Aid and Attendance (“A&A”) benefits from the Department of Veterans Affairs (“VA”) on future eligibility for Medicaid. For example, staff at assisted living facilities often warn.. read more →
Here is a unique idea from attorney/VA benefits estate planner Dale M. Krause on how a war-time veteran can reduce his or her net worth in order to attain eligibility for Veterans Improved Pension with either the Housebound or Aid and Attendance benefit supplement through the purchase of a Single-Premium Immediate Annuity, or SPIA: For.. read more →
The Department of Veterans Affairs (VA) has produced a free pamphlet which gives a useful, “down and dirty” summary of all benefits and services offered by the VA. The pamphlet also gives toll-free phone numbers where applicants can get assistance, and the address for internet access to the VA’s website. (By the way, the VA has.. read more →
Following is an exchange posted on a electronic bulletin board devoted to the discussion of issues involving pension and compensation claims submitted to the Veterans Administration (VA): Q – How does the VA treat a resident of a continual care retirement community (CCRC) with regard to assets, income, and medical expenses when evaluating a claim.. read more →
Eligibility for improved pension benefits from the Department of Veterans Affairs (VA), including housebound benefits and aid and attendance benefits, is based, in large part, upon financial need. The VA considers an applicant’s income and resources (called the allowable “net worth” of the applicant), among other factors. However, there is no formula published by the.. read more →
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