Posts Tagged ‘Aid and Attendance’

Veteran was a POW in WWII and had 100% service disability. Is widow entitled to DIC benefits?

Yes, if veteran was rated 100% for at least one year prior to death and died after 09-30-1999.  Futhermore, eligible for CHAMPVA health and burial benefits. To increase your monthly income, please contact us about a FREE HANDBOOK about VA Benefits, written by David Wingate, an accredited VA Attorney, of Senior Life Care Planning, LLC, go to info@seniorlcp.com or if you require additional information about VA Benefits, visit our Senior LCP's Website. We also have a Blog on Elder Issues and Veteran's Benefits. If you are not receiving our Newsletter, go ahead and subscribe to our free NEWSLETTER to stay on…

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A typical Veteran’s Benefits appeal process

Claimant files with VA, who denies claim (claimant has one year to reply with a NOD) Claimant asks for DRO review within one year, who denies claim and sends a statement of the case (claimant has 60 days to file appeal using form VA9 before the BVA) BVA denies claim, claimant can file appeal before CAVC within 120 days OR Claimant can file a motion to vacate with no time limit OR Claimant can file for BVA reconsideration with no time limit OR Claimant can file for a revision based upon CUE with no time limit but no new evidence…

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Can second wife keep veteran’s benefits after he dies?

If the veteran’s condition (injury or disease i.e. Agent Orange) is combat related, depending on circumstances, apply for CRSC from the Department of Defense.  This offsets retirement and will match VA compensation and is non-taxable.  However, you cannot have both CRDP (if over 50% rated) and CRSC, but CRDP is taxable. Consequently, it may be an advantage to change to CRSC.  The form is DD 2860. If spouse is the beneficiary of the veteran’s military retirement, upon veteran’s death, the spouse will receive SBP from the Department of Defense.  Additionally, if the veteran is receiving Tricare for Life, the spouse…

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Can veteran’s children be reimbursed by veteran with retroactive payments when approval occurs?

Prior to approval of Veteran’s Benefits i.e. during claim approval process, the children of a veteran are paying for a caregiver. Can they be reimbursed by claimant with the retroactive payment when approval occurs?  The claimant and children could execute a promissory note. Therefore, the children’s payments are a loan. Consequently, the children are repaid when veteran’s benefits are approved and received.  (Potentially, important for Medicaid, to avoid transfer penalty) However, only what the claimant pays is considered UME, so the answer is it depends.  Besides, some companies provide non-secured loans to pay for the care; then they are repaid, with…

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Veteran’s children are paying for caregiver costs, are these VA Unreimbursed Medical Expenses?

Furthermore, an application for Veteran’s Benefits is projecting for upcoming year ( 12 months). Consequently, any gift / income prior to the date of entitlement is non-countable.

Veteran’s children are paying for caregiver costs, are these VA Unreimbursed Medical Expenses?

Only UME paid by the claimant is declarable. Therefore, the children’s payments are not allowed as UME set off.

Veteran’s Beware – Make sure you investigate your Service Connected Pension!

If you have a service connected injury, you can and should pursue this type of pension. However, most professionals are interested in Aid and Attendance. Why? They make money off of you.

Veteran’s Benefits – DIC for widow of POW

The base DIC for a widow is $1,154.00 per month.

A veteran can receive full military retirement (through the DOD) and full VA pension.

A veteran can receive full military retirement (through the DOD) and full VA pension.  However, the military retirement is countable income towards the IVAP in calculating the pension amount. If a veteran is rated less than 50% service connected, he can choose full taxable military retirement and no non-taxable VA compensation OR offset his taxable military retirement by the amount of non-taxable compensation. If a veteran is rated 50% or greater service connected, he keeps both military retirement and VA compensation.  The amount (which would otherwise be offset) is called concurrent retirement disability payment (CRDP) and is taxable.  Additionally, the veteran can keep…

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The payment to a non-spouse family member for a Veteran’s care can be used as UME, provided money is exchanged.

The non-spouse family member may incur a personal tax liability due to the income paid.

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