David Wingate attended a VA Continuing Education Class. The course covered claims procedures, VA eligibility, service and non service connected pensions, and additional information related to VA benefits. Only VA ACCREDITED AGENTS can help you with VA applications, otherwise, its against the law. Related articles Filing a VA Claim
There is much confusion about whether or not the cost of ANY facility is still considered by the VA as a medical expense to offset total household gross income for VA pension purposes. VA Fast Letter 12-23, dated October 26, 2012, was intended to clarify this issue as it relates to independent living facilities. Unfortunately, like with many government explanations, the issue is still very confusing to many people. Although this Fast Letter was intended to explain the costs associated with independent living, many VA adjudicators are applying its rules to assisted living facilities as well. The old saying, "When in Rome…."…
Join David Wingate as he presents recent and upcoming changes in the laws and regulations and how this will affect care providers and individuals who require care on a short-term or long-term basis.
The Fast Letter directs that, in the future, VA will interpret its pension regulations as follows: The cost of room and board at a residential facility is a UME if the facility provides custodial care to the individual, or the individual's physician states in writing that the claimant must reside in that facility to separately contract for custodial care with a third-party provider. A facility provides custodial care if it assists the individual with two or more ADLs. If the facility does not provide the claimant custodial care, or the claimant's physician does not prescribe care by a third-party provider…
Recently, the VA has changed its policy in a way that limits the pension awards available to veterans who are receiving care in senior and independent living facilities. Issued as a “clarification” of policy, VA Fast Letter 12-23 limits the unreimbursed medical expenses (UMEs) that may be deducted from income for pension purposes – specifically in regard to the cost of room and board at a facility. Fast Letter 12-23 discusses the circumstances under which the cost of room and board paid to senior or independent living facilities will be treated as a UME. It suggests that in some past…
More bad news on the way for future VA pension claimants. Veterans can expect the next Congress to pass new legislation that will penalize veterans who have made gifts that reduced their net worth. These changes will make it both more complicated and more difficult for veterans to claim pension benefits. The Government is looking to reduce the growing cost of benefit programs, and many older veterans will feel the effects.
Veterans and their families can learn about a Veterans benefit that will help cover the cost of long term care at a free seminar at the FSK American Legion Post #11, 1450 Taney Avenue, Frederick, Maryland. The seminar, presented by elder law attorney, David Wingate is Thursday, April 12 th, 2012, at 2 p.m. and 6 p.m. The cost of long term care can be expensive, often times depleting assets that have been accumulated over a lifetime. But veterans may qualify for Aid and Attendance from the VA. Eligible veterans may qualify for a benefit of up to $2,000 a…
VA published a final rulemaking in the Federal Registry on December 20, 2011 to revise the evaluation criterion for ALS in the VA Schedule for Rating Disabilities. This new ruling affords any veteran with ALS who served 90 days active duty (with typically an other than dishonorable discharge) to be rated 100% service connected from the onset of his service connected award. This eliminates the need for the veteran to continue to be re-evaluated, given the severity and progressive nature of the disease. This amendment became effective on January 19, 2012 and applies for benefits that: are received by the…
On February 8, 2012, AL Amyloidosis (Primary Amyloidosis) was put into the Federal Registry (with effective date of March 9, 2012) as presumptive to herbicide exposure. The rating for this condition will be 100% upon award. Any veteran with this disease who served in-country Vietnam, or on or near the Korean DMZ between April 1, 1968 and August 31, 1971, or on or near military bases in Thailand during the Vietnam Conflict should consider filing a claim. Veterans who served on ships or planes in the waterways or harbors of Vietnam may also be entitled to benefits if they have…
Providing asset protection, support and guidance to families, I realize that the cost of care is not usually understood. Our typical client is not aware that planning for care is similar to planning for a child's education; there is a need to plan ahead or you may not end up where you want to be or end up paying too much. The need for planning is becoming more important as our nation's demographics are evolving to a situation that has never been seen before. The nation's population of senior citizens is about to rise to historic levels. By year's end,…
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