Helping Clients Secure VA Long Term Care Pension Benefits in Ventura County
When it comes to disability income benefits for veterans who served on active duty, the Department of Veterans Affairs (VA) offers two types: compensation and pension. While most senior veterans are aware of compensation, fewer may not know that pension benefits exist or how to get those benefits. That's where experienced VA Accredited legal counsel can help.
We at Kaiden Elder Law Group, PC can provide the legal advice and services necessary to help veterans, or their surviving spouses, qualify for important financial long term care benefits through the VA. Our firm is dedicated to helping clients get VA pension benefits, which often includes pension with an aid and attendance rating.
Call (661) 306-2500 now to get started today!
VA Pension vs. VA Pension with Aid & Attendance
Although officially referred to as “Pension,” “Aid and Attendance” commonly refers to the veterans' pension benefit that provides the greatest payout. The reason why this benefit is commonly known as “Aid and Attendance” is because veterans – or their single surviving spouses – can qualify if they require regular support from a caregiver and meet certain other eligibility requirements.
Qualification requires a rating certified by the VA, and obtaining this rating requires evidence that our Oxnard Veterans Aid and Attendance pension lawyers can help you obtain. Once a rating is certified, veterans or their surviving spouses may qualify for Pension. It's also possible for low-income veteran households to qualify for Pension without a rating, albeit for a reduced amount in benefits.
Qualifying for Pension with Aid & Attendance
Qualification for Pension with Aid and Attendance first requires the veteran to have served on active duty for at least 90 days, with at least one of those days occurring during wartime. Combat service is not required, but the veteran ideally ought to have been honorably discharged.
Below are the dates our seniors need for qualifying wartime service:
- World War II – Dec. 7, 1941, through Dec. 31, 1946
- Korean Conflict – June 27, 1950, through Jan. 31, 1955
- Vietnam Era – Aug. 5, 1964, through May 7, 1975
- Vietnam Era (veterans who served “in country” before Aug. 5, 1964) – Feb. 28, 1961, through May 7, 1975
Veterans younger than 65 must be totally disabled to receive Pension. In these cases, medical evidence must be submitted for consideration. If a veteran is 65 or older, there is no such requirement for disability. The VA presumes if you are older than 65, you must be disabled (yes, we know that sounds ridiculous but that is their policy).
If a single surviving spouse is applying for VA Pension benefits, the deceased veteran does not need to have to meet any age or disability requirements. Likewise, the spouse doesn't need to meet any of these requirements. That said, generally speaking, the spouse must have been married to the veteran at the time of the veteran's death and that veteran must have served at least one day during a wartime period as outlined above.
Contact Us for Legal Assistance
If you are a veteran or are the spouse of a deceased veteran, our Veterans Aid and Attendance Pension lawyers in Oxnard can help you get the benefits you need.
For more information about Veterans Pension Benefits from Kaiden Elder Law Group, PC, contact us online today!
What Are VA Aid & Attendance Pension's Other Eligibility Requirements?
Besides meeting the active duty and medical need requirements outlined above, there is also an asset test as well as an income test. This is where most people get stuck, as these rules are extremely confusing. Rather than attempting to explain all the rules here, we'd suggest you watch our educational video Navigating the Long Term Care Maze and/or make an appointment with us to discuss your particular case.
But assuming a Veteran or surviving spouse of a Veteran can successfully meet all the Veteran's Administration Aid & Attendance requirements, you'll probably be interested in knowing what is the actual benefit available?
Well, married Veterans could get $2,295 per month in 2021, Single Veterans could get $1,936 per month in 2021, and widows of Veterans could get $1,244 per month in 2021. What's more is that these benefits go up every year with cost of living increases. Now if these monthly benefit amounts weren't enough to pique your interest, you should know that this money can even be used to pay family caregivers! So, for example, maybe a daughter is already providing help for her widowed mother – and in this example, if mom's husband was a veteran – well then, it's possible that the VA will pay the daughter for her help, to the tune of $1,244 per month. This benefit can add up to hundreds of thousands of dollars over the course of many years. This fact is usually a shock to our clients who are Veterans or surviving spouses of Veterans. By the way, if both a husband and wife are veterans, they could be entitled to $3,071 per month in Aid & Attendance Benefits in 2021!
We Can Help You Qualify for VA Aid & Attendance Pension and Plan for Long Term Care
Understanding whether you or your loved one qualifies for veterans benefits is extremely challenging and confusing. Our Los Angeles and Ventura Veteran's Aid & Attendance Pension Benefits lawyer at Kaiden Elder Law Group, PC has over 20 years of legal experience and can help make the process easier for you and your loved ones.
If you think you have "too much" income or think you have a high net worth which disqualifies you from receiving VA Pension Benefits, think again. Our Veterans Asset Protection Trusts can help you get qualified for VA pension benefits. These trusts are designed to meet the complicated VA rules, they help pay for things the government doesn't allow or offer and they also help ensure you are able to leave a legacy for loved ones.