Elder Law
VA Benefits - Aid and Attendance
The second of two pensions is the Aid and Attendance benefit. A veteran or surviving spouse of a veteran can receive Aid and Attendance which can be used to pay for in-home health care, assisted living or nursing facility services.
The veteran or spouse is entitled to this benefit if he or she needs the aid and attendance of another person. In order to receive Aid and Attendance, the veteran or spouse does not have to have a permanent need for such benefit. In submitting a claim for Aid and Attendance, medical evidence is important in supporting the claim. The evidence should contain a diagnosis and a medical opinion as to whether the person can leave home without assistance, walk unaided, feed himself or herself and keep clean. Additionally, the medical evidence should state whether the veteran or spouse is blind, bedridden or incontinent. A disability rating is not required for persons age 65 or older as they are presumed to be disabled. A person must establish a regular need and not constant need for aid and attendance.
A person can establish their entitlement for the Aid and Attendance benefit by:
- (1) showing he or she is blind or nearly blind,
- (2) proving he or she is a resident in a nursing home because of mental or physical incapacity, or
- (3) showing the person's
- (i) inability to dress or undress,
- (ii) inability to keep clean and presentable,
- (iii) frequent need for adjustments to a prosthetic or orthopedic appliance,
- (iv) inability to attend to the wants of nature,
- (v) inability to feed himself or herself, or
- (vi) physical or mental incapacity requiring assistance on a regular basis to protect the individual from the hazards of his or her daily environment. Countable income reduces these benefit limits dollar-for-dollar.
All income is countable income except for public benefits such as SSI which does not count toward these income limits. Unreimbursed medical expenses reduce countable income dollar-for-dollar.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

|