The Aid and Attendance benefit has been available through the Department of Veterans Affairs (VA) for more than 60 years. Yet, it remains one of the most overlooked resources that could significantly ease the financial burden for millions of veterans and surviving spouses.

One reason for the lack of awareness is that the VA does not actively promote this benefit. Even within the healthcare community, knowledge about Aid and Attendance eligibility is often limited or unclear.

Aid and Attendance provides a monthly payment to qualifying veterans or surviving spouses to help cover the costs of long-term care needs. These needs include assistance with daily activities such as dressing, bathing, toileting, eating, and moving around safely.

It’s important to know that this is a non-service-connected benefit—meaning you do not need a service-related injury to qualify.

If you’re seeking clear, reliable information about how Aid and Attendance could help your family, a VA-accredited elder law attorney is your best resource.

At Mortellaro Law, we have proudly assisted veterans and their families for over a decade, helping them understand and access the benefits they deserve.

Military service history may qualify you or a family member to receive a VA pension. As in most federal programs, there are a myriad of eligibility requirements. Denial of applications is common. Consulting a VA Accredited elder law attorney is one way to avoid commonly made mistakes. At the Mortellaro Law, our VA Benefits Attorney is dedicated to ensuring elderly veterans in Tampa receive all available benefits. We focus our representation on non-service-connected disability. Even if current circumstances make you ineligible, there may be tools that we can use to help you qualify for a VA pension.

So how much can you receive? The answer depends on who you are and how you document your financial situation. In 2023, an unmarried veteran can receive a maximum allowable benefit of $2,229 each month. An unremarried surviving spouse’s maximum is $1,432. A veteran and spouse can receive a maximum of $2,642 a month. We say “maximum” because there are income qualifications that could lower the benefit amount. The good news: A&A is adjusted annually for cost of living increases.

The first step is checking eligibility. First, the veteran must meet requirements for age (65 or older) and service (minimum 90 consecutive days of active duty with at least one day during a recognized period of wartime, with a better-than-dishonorable discharge status). In the case of a surviving spouse, the claimant must have been married to the veteran at the time of death and has not remarried.

Eligible periods of war

World War II: Dec. 7, 1941 – Dec. 31, 1946.

Korean conflict: June 27, 1950 – Jan. 31, 1955.

Vietnam era: Feb. 28, 1961 – May 7, 1975, for Veterans who served in the Republic of Vietnam during that period. Aug. 5, 1964 – May 7, 1975, for Veterans who served outside the Republic of Vietnam.

Persian Gulf War: Aug. 2, 1990, through date to be prescribed by Presidential proclamation or law.

Next, the veteran, or the surviving spouse, must complete a medical assessment to show he or she needs assistance with at least two of the activities of daily living (ADLs). These ADLs are defined as bathing/showering, toileting, dressing, eating, and walking/transferring. The VA also recognizes that a person may function in those areas, but because of dementia or Alzheimer’s there is a need for a protective living environment. The medical assessment requires a form filled out by the claimant’s regular physician, and forms from an ALF or in-home caregiver, depending on circumstances.

Then there are income and asset restrictions. The VA counts the gross income from sources such as, but not limited to, Social Security, pensions, required minimum distributions from IRAs, dividends and interest, annuities and rental income. However, the income is measured against unreimbursed medical expenses (UMEs), such as Medicare Part B premiums and supplemental healthcare premiums. The biggest expense for many seniors is the cost of living in an assisted living facility or memory care facility, or having in-home healthcare services. If the UMEs are greater than the gross income, the claimant may receive the maximum benefit. If the UMEs are not greater than the gross income, it is allowable to create a contract with a family member to provide caregiver services for a fee. Now the claimant can apply for the maximum benefit amount.

The asset test is more complicated. The limit for assets in 2023 is $150,538, but the list of what counts as an asset and what does not gets tricky. For example, the home you live in and its tangible contents do not count. But you are moving into an ALF, so you sell the house. Sticking point: Now those proceeds from the house sale are considered an asset, and maybe that pushes you over the limit. The best way to assess your situation is to speak to a VA-accredited attorney.

Moving Forward

Applying for government benefits can be a daunting task, one that can seem difficult for even the most organized person when facing a blizzard of forms. Many people who attempt to navigate the application process on their own tend to give up after a year or more of problems and denials. In most instances, using an experienced attorney will increase the chances for approval and reduce the wait time.

An experienced attorney can use either Proactive Planning or At-Need Planning to assist you in obtaining this tremendous benefit.

At Mortellaro Law, our initial consultations are always free. Talk to us today; feel better tonight.

Proactive Planning for VA Aid and Attendance Benefits

Let’s start with the obvious: it’s always in your best interest to be proactive when it comes to planning for long-term care benefits. The sooner you understand the regulations and qualification process for the Department of Veterans Affairs’ Aid and Attendance benefit, the sooner you can position yourself financially and create a smoother path to approval.

The most important thing to know is that in October 2018, the VA made major rule changes that significantly altered the landscape for qualifying for this benefit.

As we discussed on our A&A overview page, the VA uses income and asset tests to determine eligibility for this tax-free veterans benefit. Before October 18, 2018, proactive planning wasn’t quite as critical. Attorneys could assist claimants who exceeded asset limits by setting up irrevocable trusts, transferring assets, and immediately applying for the Aid and Attendance benefit. Annuities were another commonly used tool to eliminate countable assets.

However, the 2018 rule changes introduced a three-year “look-back” period for any transfers involving trusts, annuities, gifts, or jointly owned financial accounts. This eliminated — or certainly complicated — some of the strategies for quickly qualifying a claimant. For example, if an asset transfer occurred after the rule change, the VA may count it as an asset or income. If the numbers don’t add up, the claimant may face a denial or a penalty, potentially creating an ineligibility period of up to five years.

That’s why it’s smart to meet with a VA-accredited elder law attorney well before you need care. Thinking about a time when you might need help bathing or using the restroom isn’t pleasant. But if you have significant assets you hope to preserve or pass along, it makes sense to start planning now — especially with the VA’s look-back period in place.

That said, if you or a loved one needs assistance with Aid and Attendance benefits immediately, At-Need Planning strategies may still be available depending on your circumstances.

At Mortellaro Law, the initial consultation is always free. If you are a veteran of wartime service, or the surviving spouse of such a veteran, give us a call. Let’s begin your Proactive Planning for the VA Aid and Attendance benefit today — and help secure peace of mind for tomorrow.

Ideally, you have been a Proactive Planner. You have spoken with an experienced VA-accredited attorney about the Department of Veterans Affairs’ Aid and Attendance benefit, its rules, and the qualifying process. You would know that the VA’s rule changes in October 2018 altered some key aspects of eligibility. The most significant change was the introduction of a three-year “look-back” period on income and asset transfers.

But sometimes life doesn’t go according to plan. You find yourself needing assistance with in-home care, assisted living, or memory care — and you need help as soon as possible.

You are not alone, and you are not out of options. Although the 2018 rule changes made the path to securing the Aid and Attendance benefit more challenging, there are still strategies available to assist At-Need claimants. A VA-accredited attorney can guide you and your family through how over-income or over-asset applicants may still qualify.

In 2018, the VA revised its policies regarding transfers, gifting, trusts, and the purchase of certain financial products. Where these actions were once acceptable before applying, applicants must now disclose any such transactions from the previous three years. Depending on the situation, the VA may impose a delay penalty, lasting from several months to even years.

Still, do not lose hope if you have not engaged in proactive planning. You may not have missed your opportunity to claim this important government benefit. Every case is different, and a VA-accredited attorney can explore strategies tailored to your specific situation. And if Aid and Attendance is not the right fit at this moment, other options — such as Medicaid Long Term Care benefits — may be available.

At Mortellaro Law, we have been assisting veterans and their families for more than a decade, helping them secure financial benefits while protecting the assets they have worked hard to build. Call us today for a free consultation. Tell us your story and your goals. We will explain how we can help.