Veterans Aid and Attendance
Pension Benefit:
Long Term Care Benefits for Veterans -
Part One
What Is the Aid and Attendance Benefit?
The Veterans Benefits Administration offers a
disability income which is available to veterans who served during
a period of war or to their surviving spouses. This special
benefit is officially called "pension" but is more popularly known
as the "veterans aid and attendance pension benefit". For a
pension benefit for veterans younger than 65, evidence of total of
disability must be provided. Veterans 65 and older do not have to
disabled.
The National Care Planning Council estimates that as much as 30%
of the US population over the age of 65 would qualify for the aid
and attendance pension benefit under the right circumstances.
That's how many war veterans or surviving spouses of veterans
there are. The benefit is such a well-kept secret that only a
small fraction of these eligible veterans are actually receiving
it. Death pension -- a benefit available to a surviving spouse--
is a lesser amount based on the same rules for applying for a
living pension claim. In other words, the deceased veteran must
have met the rules for pension -- with the exception of being
totally disabled or over age 65 -- or have been receiving pension
in order for his or her spouse to receive the lesser benefit. In
addition, in order to be eligible or keep receiving the benefit,
the surviving spouse must remain single.
Who can submit an Aid & Attendance claim?
A claim is submitted by the veteran or by the
veteran’s single surviving spouse in the case of a death claim. A
duly appointed service organization, an employee of the local
regional VA office, or a VA approved agent may file a claim on
behalf of the veteran or the spouse. A claim cannot be filed with
a general or durable power of attorney. The application will be
sent back requesting proper documentation for a VA power of
attorney. The veteran must sign a document specifically
authorizing a power of attorney for someone to submit an initial
claim for him. Many chagrined children with a durable power of
attorney have submitted claims on behalf of a parent only to have
the claim rejected by VA.
What happens if the veteran is incompetent?
If the veteran cannot submit the original
application or sign a power of attorney for a surrogate to file an
application, then a duly appointed guardian can complete the
application. VA also allows the spouse, a parent or next of kin,
or a friend to complete and submit an application on behalf of an
incompetent veteran if that person submits the proper power of
attorney request and indicates the applicant could be considered
incompetent for financial affairs. Even though the veteran or
surviving spouse may be incompetent for financial affairs, he or
she should always sign the power of attorney request if he or she
is competent to do so. VA may appoint a fiduciary to take over the
claim and the affairs for the claimant if VA determines he or she
is incompetent.
How does VA handle power of attorney?
Employees of VA and veterans service
organizations already have authorization for power of attorney to
file an application on behalf of the veteran. They have forms for
the veteran to sign to allow this to happen. An attorney
representing the veteran in other affairs can also request a power
of attorney in the proper format and on his or her letterhead. Any
single individual may also submit a letter requesting power of
attorney to submit an application if it is signed by the veteran
and if the letter provides certain required information. There is
also a VA form in the book support packet that can be submitted
for power of attorney. All attorney requests submitted for power
of attorney must state that the veteran is not paying a fee to
file the application on his or her behalf.
What is an "aid and attendance" or "housebound"
rating?
A "rating" is granted by a veteran service
representative where a condition exists that makes the disability
more severe. Medical evidence is required unless someone is a
patient in a nursing home, and then the requirement is waived. The
rating allows VA to pay an additional monthly amount of pension or
compensation to a veteran or a surviving spouse for additional
costs associated with this disability.
How does one qualify for aid and attendance or
housebound rating?
The application form has a block allowing for a
request for either rating. Submitting medical evidence in advance
instead of waiting for a request from VA can help expedite the
process of getting this rating. We have provided in the book
support packet, a sample form that might be used for this purpose.
This form is also designed around information that VA is looking
for and may be a more effective presentation of the facts than
typical medical records from the doctor.
What is the effective date?
The effective
date is generally the day VA receives an original application. If
it takes three months for the process of approval or six months,
it doesn't matter. The effective date still reverts to receipt of
the original application.
When does payment begin?
Generally, payments start on the first day of the month following
the month of the effective date. This means that if it took six
months to get approval, at least five months of benefit will be
paid retroactively. VA requires automatic deposit of awards in a
checking or savings account.
What happens if the veteran dies during the
period of application?
If the veteran dies during the period of
application and the application was not approved prior to the
death, there may be accrued benefits. If the regional office had
all of the information in its possession that would have led to an
approval, then there is an accrued benefit payable. Otherwise
there is none. The full benefit is available for the month of
death of the veteran and to a surviving spouse through an
application on Form 21-534. This is the same form a surviving
spouse uses for a death benefit claim for himself or herself. VA
will award either an accrued benefit or death benefit to the
surviving spouse whichever is larger. If there is no surviving
spouse or dependent child, VA will pay the unreimbursed costs of
last illness and burial to the person who paid those costs. A
special claim must be submitted for these costs, not Form 21-534.
