Archive for the ‘VA Benefits’ Category

Many Veterans and their families are uniformed that the Veterans Administration has benefits that pay for home care providers.

Many Veterans and their families are uniformed that the Veterans Administration has benefits that pay for home care providers. Senior Life Care Planning, helps veterans qualify for those VA programs. Therefore, an in-home caregiver can provide services i.e. preparing meals, light housework, bathing, etc. for those Veterans who require assistance at home. Terri Mason, care manager for Senior Life Care Planning states that “There are many VA programs, which can help many veterans, their widows and families and we want to get the word out, so that our deserving veterans know these programs are available to them.”  A Veteran’s eligibility…

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If a veteran is receiving Medicaid but is not residing in a nursing home, will the veteran’s benefit be $90?

No.  The personal allowance reduction is only for single claimants receiving Medicaid, in the nursing home.  The Medicaid Waiver program, i.e. residing at home or at an assisted living facility, are not part of this automatic reduction.  

Veteran “moves in” with adult child, keep veteran’s residence, what do you do with rental income?

The net rental income  ( less mortgage, taxes, insurance, maintenance, home owners association fees, etc.) is income to the veteran,  as "other income" on the primary application form (either the 21-526 or the 21-534), explain in the remarks section, income from the primary residence. However, the primary residence to be considered a non-exempt asset, the veteran must retain the rights of occupancy.  Consequently, state the veteran retains full rights of occupancy to move into the residence at any time and has retained a locked portion of the home for storage of their property.

Veteran has a Partial Interest in Property – No Transfer Involved

A veteran and an adult (non-helpless) child who lives in the same household are joint owners of a $10,000 CD and were joint owners before the date that the veteran became entitled to pension. Each owner has an undivided one-half interest in the CD. The value of the CD is $5,000 for net worth purposes and only one-half of the interest earned is counted as income in determining the veteran’s IVAP.

Veteran Transferring a Partial Interest in Property to Person in Household

A veteran has a $10,000 CD. The veteran adds an adult (non-helpless) child who lives in the same household as joint owner of the CD. The legal effect of this transaction is to give each joint owner an undivided one-half interest in the CD. The value of the CD is still $10,000 for net worth purposes and all of the interest earned by the CD is counted as income in determining the veteran’s IVAP. Note: This is the case regardless of who reports the income from the CD for IRS purposes.

Veteran Transferring a Partial Interest in Property to Person Outside Household

If the veteran transfers a partial interest in property to a person who is outside the veteran’s household, the veteran’s net worth and income is reduced in proportion to the percentage of the asset transferred. A veteran has a $10,000 certificate of deposit (CD). The veteran adds a nephew who does not live in the veteran’s household as joint owner. The legal effect of this transaction is to give each joint owner an undivided one-half interest in the CD. The value of the CD is reduced to $5,000 for net worth purposes.

Is a remarried veteran’s spouse entitled to Veterans Benefits?

Spouse is the widow of a, killed in action, WWII veteran.  She is currently married to a Korean War veteran.  If she remarried, after the age of 57 and after December 16, 2003, she should be able to retain the DIC from her first husband.  However, if she did not, and she becomes single again, she will obtain first husband’s DIC and CHAMPVA.  Otherwise, her current husband may qualify for his own veteran’s benefits. Nevertheless, she personally does not qualify for any veterans benefits, at this moment in time.

Can a Veteran receive service connected benefits and aid & attendance?

No. However,  a special “aid and attendance” called Special Monthly Compensation, can be added to 100% rated service connected veterans, but is not a non-service connected pension.

Can a veteran transfer all his assets to his child that he is residing with?

Like most questions, they are fact specific. Typically, the VA frowns upon transfers from a veteran to anyone residing in the household, unless demonstrated that the full ownership and all rights were rescinded AND it was performed prior to the date of entitlement.  Although, there can be many unexpected issues.

Son is giving Veteran Money is this Countable re Pension or A & A?

Depends. The VA may seek an explanation how a veteran with limited means is paying their high UME. Include form 21-8049. Therefore, the adjudicator can verify the incurred non-medical expenses; otherwise, the adjudicator may decide that the son is paying for veteran's UME.  With the declaration of non-medical expenses, the adjudicator can verify the son’s money is spent on family maintenance in lieu of the UME. M21-1MR, Part V, Subpart iii, Chapter 1 b. Maintenance Do not count the value of maintenance. In other words, if someone furnishes a claimant free room and board, or pays the claimant’s bills, the…

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