Jurist Law Group, PLLC
Jurist Law Group, PLLC

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(501) 550-1114

Aid and attendance benefits are paid retroactively to the date of application or the filing of the notice of intent to file a claim. Upon filing one or the other, the benefit starts the first day of the following month of filing. Even though it may take the VA several months to approve the claim, they will pay it back to the first day of the month following the VA’s notice of claim.

If The VA Aid And Attendance Being Offered Is More Than The Disability I Am Receiving. Can I apply And Receive The VA Pension Instead Of Disability?

When your service-connected disability is below 100%, the aid and attendance benefit, depending on your income and expenses, could be higher than the compensation benefit. In those situations, we encourage claimants to apply for pension with aid and attendance to qualify for the higher amount. Upon approval, the VA will increase their monthly benefit to the aid and attendance level. You cannot get service-connected compensation and Aid and Attendance at the same time; the VA will pay whichever one is greatest. So if the Aid and Attendance benefit is higher, the VA will substitute the Aid and Attendance for compensation, but that’s okay because you are getting more money.

Can I Receive Both VA Benefits As Well As Medicaid?

In certain circumstances, when not in a nursing home, you can receive both VA Aid and Attendance and Medicaid. If, however, you are in a nursing home and are eligible for Medicaid, the VA will lower the Aid and Attendance amount down to $90 per month. But if you are at home and receiving home-based Medicaid, you can still qualify for Medicaid and receive the full VA A&A benefit simultaneously.

How Do I Determine What Is Countable Income When It Comes To VA Benefits?

I tell my clients that monthly cash flow coming into your bank account is what the VA counts as income. It may not technically be income for tax purposes, but if it is a regular monthly payment, the VA will include it in their income calculation for VA purposes. For example, if you are getting long-term care insurance or any other form of monetary aid for care expenses, the VA will count that towards your total income. Practically speaking, any cash flow you receive each month will be counted as income.

Is There A Look-Back Period For VA Benefits?

There is a three-year look-back period for making gifts of assets to other people, including family. Suppose you made a gift within three years of applying for aid and attendance. In that case, the VA will assess a penalty for the amount of the gift. For approximately every $2,300 gifted, the VA will assess a one (1) month penalty from the date of the gift. The maximum penalty period is five (5) years. waiting period begins at the time of the gift and not at the time of the application. For instance, if you gave away $30,000, you would have to wait approximately ten months from the date of the gift to qualify for the benefit.

For more information on Approval Of VA Aid And Attendance Benefits, a No-Risk Consultation is your next best step. Get the information and legal answers you are seeking by calling (501) 550-1114 today.

Kimbro Stephens

Call For A No-Risk Consultation
(501) 550-1114