“Aid and Attendance” refers to the fact that in order to qualify for the higher level of Pension, the veteran or surviving spouse must demonstrate a regular need for the assistance of a caregiver or the need to live in a protected environment because of physical or mental impairment due to a non service connected disability

1. The veteran or surviving spouse of a veteran must be at least 65, served at least one day during a wartime period and had 90 days of continuous military service with an honorable discharge.

World War II December 7, 1941 – December 31, 1046

Korean War: June 27, 1950 – January 31, 1955
Vietnam War: August 5, 1964 (February 28, 1961 if “in country” before August 5, 1964) – May 7, 1975
Gulf War: Auguat 2, 1990 – date to be set by law of Presidential Proclamation

2. Have a non service related medical condition
Must be certified by a doctor as needing assistance with their daily living activities

Must need help with Activities of Daily Living (ADL)
Medicating
Bathing
Dressing
Toileting
Transferring
Eating
Being legally blind or any incapacity, physical or mental, that requires ongoing supervision and assistance to ensure safety and well-being

3. Meet income and asset requirements

To qualify for Full Benefits, Income must be less than Unreimbursed Medical Expense

Countable Income
Social Security
Pension
Rental
Business
Interest
Immediate Annuity
Trust

Unreimbursed, recurring health care expenses include:

Assisted Living costs
Nursing Home costs
Home Health care cost
Health Insurance premium
Regular unreimbursed prescriptions

Maximum allowable assets are determined on a case by case basis by a formula established by the VA. Generally $40,000 for a single person, $80,000 for a married couple
Countable Assets:
Cash, Checking, Savings
Stocks, Bonds
Mutual Funds
CD’s
IRAs, 401k etc.
Annuities
Property
Business ownership

The VA looks at assets at the time of application THEREFORE you must do pro-active planning BEFORE you apply for benefits
Assets can be moved to a Senior Legacy Trust or Special Needs Trust

Benefits available in 2011
Surviving Spouse of a Veteran     $12,681 ($1,056.00 monthly)
Veteran with no spouse or dependent children $19,736 ($1,644.00 monthly)
A married couple where veteran requires care $23,396 ($1,949.00 monthly)
A married couple where veteran is healthy but spouse requires care $15,493 ($1,291.00 monthly)

WHAT TO EXPECT DURING FILING

It is hard to speculate on what you will experience while filing for the Aid & Attendance Pension. Each case is unique and carries its own set of challenges. It will also depend on which processing center will be handling the claim. For unknown reasons, some centers do a more efficient job than others. How complete the application package is will also impact the process.

One thing you can expect is that it will take between 4-6 months on average for your application to be processed and to receive a determination letter. Due to the current backlog of claims to be processed this timeframe can be much longer.

Many families can’t afford to pay for care while waiting for the pension to be approved and funds to be released, which places an additional burden. Some Assisted Living Facilities will work with you if they know the resident qualifies for A&A. Fortunately, all benefits are retro-dated back to the original filing date.

If you or your loved one is 70 or older, you should request the application process be expedited. The VA’s own law states that applications for benefits for a veteran/widow 70 or older are to be given priority. It is advised that you include a cover letter with the application noting this request.

Please contact me at if you have any questions in this regard. My email address is jfm@malinowski-law.com

There is much information that needs to be gathered and prepared when applying for the Aid & Attendance Improved Pension. We have compiled a list of the documents you will need, as well as links to download some of the VA and Government Forms that you will need.

To apply for the Aid & Attendance Improved Pension, you will need the following documents. Prepare these before making your filing.

• Discharge/Separation Papers (DD-214). If you need to request military records, you can either fill out Standard Form 180 (right click to save) or, you can visit http://www.archives.gov/st-louis/military-personnel/standard-form-180.html. Full instructions on how to request military records is listed on that site.
• Copy of Marriage Certificate and all marital information (surviving spouses only).
• Copy of the Death Certificate (surviving spouses only).
• Copy of current Social Security Award Letter (the letter that Social Security sends at the beginning of the year stating what your monthly amount will be for the following year).
• Net Worth information, including bank accounts, CDs, Trusts, Stocks, Bonds, Annuities, etc.
• Proof of all income from pensions, retirement, interest income from investments, annuities, etc.
• If you are a court-appointed guardian of the veteran or surviving spouse, a certified copy of the court order of the appointment is required.
• Proof of insurance premiums, medications, medical bills or any other medical expenses that are not reimbursed by insurance, Medicare, or Medicaid.
• Physician statement (right-click here to download) that includes current diagnosis, medical status, prognosis, name and address, ability to care for self, ability to travel unattended, etc. If you are a veteran in a nursing home, or a family member of a veteran in a nursing home, you can use this form as a certification of that status (right click to save): Nursing Home Status Statement
• Banking information for Direct Deposit of A&A monthly payments (include a voided check).
• Employment history (does not apply if you are over 65).
• List of all doctors and hospitals visited in the last year.

Once you have this information compiled, we can help you to complete VA Form 21-526 and/or VA Form 21-534 for Special Improved benefits with Aid & Attendance. These forms can be downloaded in PDF format here (right click to save):

VA Form 21-526 (For Veterans)

VA Form 21-534 (For Spouses)
Step-by-Step Guide for Form 21-534

We will be glad to assist with the preparation of all documents necessary to submit your documents. We work very closely with the National Association of Senior Veterans and the Veterans Support Center and are available to answer your questions.

Please contact me at jfm@malinowski-law.com  if you have any questions in this regard