Are You Aware of VA Aid and Attendance Benefits? How Can You Qualify for Maximum Assistance?

What Are VA Aid and Attendance Benefits?

To take full advantage of the “Aid and Attendance” benefits provided through the Department of Veterans Affairs (VA) – benefits to help cover the costs of long-term care at an assisted living facility or at home – you will need the advice and services of a Waco VA Aid and Attendance attorney.

Servicemen and women may be eligible for tax-free financial benefits after they’re discharged, if they become disabled, or when they turn 65. The most valuable benefits you may qualify for are from the Department of Veterans Affairs, so it is important to know what benefits are available.

Wartime veterans and their surviving spouses who are 65 and older may qualify for benefits called Aid and Attendance from the Department of Veterans Affairs. Depending on your situation and qualifications, payments as of 2023 may range from $1,432 to $2,642 a month.

Who Qualifies for VA Aid and Attendance Benefits?

Who is eligible for VA Aid and Attendance benefits, and how can you receive them? Your first step is scheduling a consultation with a Waco VA Aid and Attendance lawyer who can determine if you qualify for the benefits. If you do, your lawyer will help you prepare your benefit application.

VA Aid and Attendance is a monthly benefit paid to eligible veterans or to their surviving spouses to help with long-term care costs for those who need assistance with daily activities. Eligibility does not require a veteran to have been disabled or injured during his or her military service.

What Are the Eligibility Requirements?

Eligibility for Aid and Attendance benefits from the Department of Veterans Affairs is based on a veteran’s time in the armed forces, his or her current medical condition, and his or her financial circumstances. The eligibility guidelines for Aid and Attendance benefits are quite strict:

1.  You must have served at least ninety days of active duty.
2.  You must have served at least one day during a period of war, as defined by the VA (combat is not required).
3.  You must be over 65 or have a 100% disability rating.
4.  You must not have been dishonorably discharged.
5.  Your income must be less than your Maximum Annual Pension Rate.
6.  Your assets may not exceed $150,537.

For the purposes of VA Aid and Attendance benefits, Congress has designated the following as periods of war: World War Two, the Korean War, the Vietnam War, and the Gulf War.

How Does a Veteran’s Spouse Qualify?

To meet the eligibility requirements for VA Aid and Attendance benefits, a veteran’s spouse must have been married to a wartime veteran for at least one year during a period of war, still married when the veteran passed away, and not remarried to someone else since the veteran/spouse passed away.

Additionally, at least one of the following conditions must apply in order for a veteran or a veteran’s spouse to qualify for VA Aid and Attendance benefits:

1. You need someone to help you with activities like dressing, cooking, and bathing.
2. You are in a nursing home due to the loss of physical or mental abilities.
3. You stay in bed or spend a large part of the day in bed due to illness.
4. Your eyesight is severely limited.

What Benefits Can You Receive?

VA Aid and Attendance benefit payments are adjusted annually for inflation. As of 2023, this is what qualifying recipients receive:

1. Surviving spouses receive $1,432 a month (or $17,184 a year).
2. Single veterans receive $2,229 a month (or $26,748 a year).
3. Married veterans receive $2,642 per month (or $31,074 a year).

When Should You Contact an Attorney?

Unfortunately, many veterans in Texas are either unaware of Aid and Attendance benefits, or they presume that they don’t qualify after they look at the asset and income requirements. Do not make this mistake.

Some veterans and their spouses may not understand that the income requirements for VA Aid and Attendance benefits are not based on gross income, or they may not realize that some of their assets may be exempt.

If you need financial help with your long-term assistance and care, even if you don’t think you qualify for VA Aid and Attendance, schedule a consultation as quickly as possible with a Waco VA Aid and Attendance lawyer to discuss your eligibility for these benefits.

What Will a Lawyer Do on Your Behalf?

A Waco VA Aid and Attendance attorney can explain exactly how your income and assets will be calculated by the Department of Veterans Affairs, and that attorney may find a way to make you eligible for VA Aid and Attendance benefits.

If you are eligible, your lawyer will help you complete VA Form 21-2680 (Examination for Housebound Status or Permanent Need for Regular Aid and Attendance) to ensure that the form is accurate and complete and that there are no mistakes or misunderstandings on your part.

If you currently reside in a nursing home, you and your lawyer will also need to complete and submit VA Form 21-0779 (Request for Nursing Home Information in Connection with Claim for Aid and Attendance).

What if Your Aid and Attendance Benefits Are Denied?

Especially if you receive a letter rejecting your application for VA Aid and Attendance benefits, you’ll need an attorney’s help at once. Appealing a rejection of Aid and Attendance benefits is a lengthy process, and you may have other options.

For example, your attorney can help you submit a petition for rehearing. A rehearing may resolve the reason your benefits were denied, and it takes less time than a full substantive appeal. Your attorney will advise you regarding the best way to move forward.

Rainey & Rainey is Here for Veterans

The right Waco attorney will help you understand and acquire the benefits that are rightfully yours. You will need an attorney who has considerable experience advising and representing veterans regarding their benefits and who has experience fighting on their behalf.

James Rainey, a founding attorney at Rainey & Rainey, served proudly in the U.S. Army Reserve as a JAG officer for ten years. Along with the rest of our legal team, he is passionate about helping veterans make plans for their care.

With offices in Waco and Georgetown, we represent veterans in the Waco area and throughout Central Texas. To learn more about VA Aid and Attendance – or if you have been rejected for Aid and Attendance benefits you should be receiving – contact Rainey & Rainey immediately at 254-457-5083.