VA Pensions – Over 65

VA Pension 65 + and Widows of Veterans Over one-third (33%) of all people in the United States over the age of 65 have the potential to receive a VA Pension benefit.  Less than 5% of this large population of potential beneficiaries was actually receiving a benefit in 2015.

February 2015 – The Veterans Administration published a proposed regulation designed to eliminate what the United States Senate Subcommittee referred to as “Pension Poaching – Financial Planning Techniques designed to allow a person qualify for VA Pension by diverting or transferring assets to not count for VA Pension eligibility purposes

On June 6, 2012 there were United States Senate Subcommittee on Aging hearings addressing lawyers and financial planners assisting veterans in re-positioning assets, purchasing of annuities, or use of irrevocable trusts to shelter assets to qualify for VA Pension benefits. The Senate subcommittee hearings result from a GAO report and investigation into the use of transfers, use of annuities, and use of irrevocable trusts to re-position assets to allow a veteran to become qualified for VA Pension benefits. As of May 2015 the laws still allow a veteran to transfer his/her assets out of his name and impoverish himself/herself to qualify form an asset perspective. In addition, use of annuities and irrevocable trusts are still a valid planning tool according to federal law.

Look for these laws to be updated soon. Caution should be exercised when considering any type of VA planning to re-position or transfer assets in an effort to become “financially” qualified for the VA’s pension program.  The VA proposed regulations suggest a look-back period similar to Medicaid laws, address the use of annuities, and regulate use of irrevocable trusts in the appropriate circumstances. The VA Pension program is a welfare based system and not designed for veterans with substantial assets available to pay for their own care throughout their lifetime.

Which one to Apply for – Pension or Compensation?

Of the two benefits available as outlined below, typically VA Compensation provides much richer benefits when compared to VA Pension benefits.Compensation and Pension benefits claims are submitted on the same form. (The Veteran should use VA Form 21-526. The Surviving Spouse of a veteran should use VA Form 21-534). If an applicant is awarded both benefits, the claimant can only receive one of them. Generally, for veterans or a surviving spouse of a veteran with the out-of-pocket costs for caregivers, nurses, geriatric care managers, homecare, assisted living facility care, the Pension benefit in most cases, results in higher, greater benefit. A veteran entitled to both should analyze which will provide the greatest amount of benefits.Compensation and Pension Benefits – DefinedVA Compensation – In order to qualify for Compensation benefits, the veteran must have received a disability rating by the VA to qualify. Disability ratings range from 0% to over 100%. There is no income or asset test for Compensation benefits. Compensation benefits are not taxable. Compensation is designed to award the veteran a certain amount of monthly income to compensate for loss of earnings potential after discharge due to an injury or illness incurred or exasperated while serving on active duty. In order to receive Compensation, a veteran has to have evidence of a service-connected disability.

VA Pension – A great resource to help pay for in-home care or an assisted living facility.The purpose of this benefit is to provide supplemental income to a disabled veteran under 65, and veterans who are over 65 who served at least 90 days, one of which was during wartime period (See Table 1), whose discharge status was other than “dishonorable”, and who has a disability that is not directly connected to their active-duty service. A surviving spouse of a veteran also may qualify for these Pension benefits.

Most people are not aware that the VA automatically classifies veterans 65 and older and surviving spouses 65 and older as “disabled “ for purposes of qualifying for VA Pension benefits. To qualify the applicant must also have a low income and countable assets of somewhere between $50,000 to $80,000. If you have assets over this amount, DON’T STOP READING.

There laws as currently written as of May 2015 are currently planning tools to re-position assets and shift income to become qualified for VA Pension benefits.

In terms of the VA asset and income tests, the VA does not count a veteran, or surviving spouse of a veteran’s, house or automobiles when looking at asset levels. The VA does not penalize the applicant for transfers like Medicaid nursing home laws do. Another misunderstood concept is how income is counted and treated. The Maximum Allowable Pension Rate (MAPR) plus Aid & Attendance benefit for a married veteran is $2,075.00 in 2015 (See Tables 2 and 3).

In calculating income for VA Pension benefit purposes, out-of-pocket medical expenses reduce gross income dollar for dollar, less a small VA deductible (which is equal to 5% of the maximum allowed pension for the Veteran’s pension category). Out-of-Pocket medical costs is broadly defined by the VA and can even include family members caregiver services if properly documented.

Interestingly, the $50,000 to $80,000 asset level has to do with VA internal filing requirements and is not an actual hard and fast rule. In reality, there is no set dollar amount for the test and any level of assets could qualify or disqualify the applicant. Typically, on a national basis, the litmus test for Veterans Service Representative (VSR) has been an informal sliding scale range somewhere between $50,000 and $80,000 in countable assets. The asset test ultimately becomes a subjective decision made by the veterans service representative (VSR) and is based upon the overall current financial needs required by the veteran or surviving spouse of the veteran, when analyzing allowable asset levels. Some applicant’s are allowed to keep more than $80,000, others less.

As an example of how to apply the rules for asset and income tests,

EXAMPLE: A married veteran over age 65 Veteran was honorably discharged, served over 1 day during World War II. Referring to the Pension Rate tables (See Tables 2 and 3). Assign the veteran’s case here a “Maximum Annual Pension Rate” (MAPR) in 2015 of $2,075.00 a month . The married couples gross income is only Social Security retirement benefits totaling $2,100.00 Their combined assets (Not counting their car, house, or personal furnishings, which are all exempt for VA asset purposes) totals $45,000.00 The married veteran needs significant help getting going in the morning and needs help with medications and bathing and dressing. His wife cannot help him with this. He has has a care giver comes to his house at a cost of $800.00 per month that he pays her cash and gets a receipt. The husband and wife also pay $104.90 each towards a Medicare Part B premiums each month (Total = $209.80)

EXAMPLE SOLUTION: Since the veteran is over the age of 65, he automatically qualifies for Pension plus Aid & Attendance benefits. (Veterans over 65 are automatically considered disabled to the point of qualifying for the additional monies for Aid & Attendance.) The calculation from a VA countable income standpoint would be $2,100 – $930.80 ($800.00 + 209.80 – $69.00 [VA Medical Expense deductible = 5% of the Maximum Annual Pension Rate – MAPR in 2015), equals $1,069.20 a month (This is referred to as Income for VA Pension purposes – IVAP). The next step is to calculate the amount of total Veterans Pension and Aid & Attendance benefits the veteran is eligible to receive. Take the maximum annual pension rate category applicable to the veteran that includes Aid & Attendance benefits for a married veteran. That equals $2, 075.00 per month (See Table 2), less $1,069.20 (IVAP from above) now equals a total VA Pension plus Aid & Attendance award benefit available of $905.80. Now the married couple has an additional $905.80 available to contribute towards paying for out-of-pocket medical costs and living expenses.

Understanding the intricate inner-workings of the VA laws and how to position one’s financial affairs properly for eligibility for VA Pension benefits is not an easy undertaking. There are many “traps” and one must know how to utilize the laws. Perhaps this is why Pension benefits are one of the Veterans Benefits Administration’s (VBA) “best kept secrets”.. Not that the VBA is trying to keep a secret, it just takes technical knowledge of the laws and inner-workings of the department to understand how to determine if one is eligibility for Pension benefits and what amounts he/she may be eligible for.

VA laws are written in a manner to allow the “benefit of the doubt” be given to the veteran and surviving spouse of a veteran. Veteran Service Reps (VSR’s) are typically very helpful and want to see the veteran and a surviving spouse receive benefits.. But do not expect them to know the intricacies of how to move assets and income sources “get qualified” for VA benefits. Their job is to assist in completing the applications, not assist in “planning” They are not trained to do that.

Aid & Attendance and Homebound Additional Special Monthly Pension Benefits

In addition to regular Pension benefits, if a veteran, or surviving spouse of a veteran requires assistance due to a physical or mental infirmity, the VA pays an additional benefit on top of regular Pension. These additional benefits are classified as 1) “Aid and Attendance” and 2) “Housebound”. To qualify for the additional Aid & Attendance or Housebound benefits the veteran, or surviving spouse of a veteran, must be in need of regular and on-going assistants with activities of daily living from a caregiver, or be housebound to where he/she can only leave home with assistance or on occasions where it is necessary. No specific rating is required to qualify for regular Pension benefits, however to receive Aid & Attendance or Housebound additional benefits, the VA requires a veterans service representative (VSR) assign a “rating” to the applicant’s disabilities. An applicant who is a patient in a nursing home, blind or nearly blind, or has severe visual problems, is automatically provided a “rating” and is automatically qualified for Aid & Attendance benefits. The VSR is employed by the VA and is trained to analyze medical reports and interview caregivers and providers in order to determine whether the veteran or his surviving spouse needs the level of care associated with Aid & Attendance or Housebound requirements.

In order to receive one of these ratings the applicant must check the “Yes” box on VA Form 21-526 (claim for a living veteran) or VA Form 21-534 (Applying for death pension and of a surviving spouse) that states “Are you claiming a special monthly pension because you need the regular assistance of another person, are blind, nearly blind, or having severe visual problems, or are housebound?” Failure to check this box may result in a lengthy delay or no rating being provided and in some cases denial of the claim.

For Aid & Attendance additional Pension benefits, the activities of daily living which the veteran or surviving spouse of a veteran is unable to perform are considered in connection with the overall medical and physical condition. The criteria is defined as the applicant being so “helpless as to need “regular” (scheduled and ongoing) aid and attendance from someone else.

For Housebound additional Pension benefits, the VA means “permanently housebound by reason of disability or disabilities.” This requirement is met when the veteran, or surviving spouse of a veteran, is confined to his or her dwelling and the immediate premises or, if in a hospital or assisted living facility, ward or clinical area, and it is anticipated the disability or disabilities and current confinement will continue throughout the veteran or his surviving spouse’s lifetime. A person who cannot leave his immediate premises unless under the supervision of another person or require another person to drive the veteran or his widow, after analysis of the veteran or the veteran’s widow’s circumstances, may very well meet the criteria to be considered eligible for housebound extra pension benefits.

According to federal VA law (38 CFR Part Three), the following criteria are used to determine the need for aid and attendance:

• Inability of claimant to dress or undress himself (herself), or to keep himself (herself) ordinarily clean and presentable;
• Frequent need of adjustment of any special prosthetic or orthopedic appliances which by reason of the particular disability cannot be done without aid (this will not include the adjustment of appliances which normal persons would be unable to adjust without aid, such as supports, belts, lacing at the back, etc.);
• Inability of claimant to feed himself (herself) through loss of coordination of upper extremities or through extreme weakness;
• Inability to attend to the wants of nature;
• Or incapacity, physical or mental, which requires care or assistance on a regular basis to protect the claimant from hazards or dangers incident to his or her daily environment.

Medical evidence for a rating for “Aid & Attendance” or “Housebound” benefits for living arrangements, other than a nursing home, should be submitted with the application to avoid a delay in the VA process time. Proof of the medical expenses should be included. Photocopies of invoices, or statements on the provider’s letterhead are acceptable. Copies of canceled checks are not. Evidence of payment should include the following: amount paid, date payment was made, (purpose of the payment), nature of the product or services provided the name of the person who provided the product or service, name and address of the provider to whom payment was made.

It is also suggested the veteran or the surviving spouse of a veteran who is applying for these additional benefits, obtain a “Statement of Attending Physician” report completed by his/her attending physician prior to submission of the claim to the VA. The report should be attached to the application submitted to the VA and state that the Veteran is in need of the aid and attendance of another individual in order to maintain the applicant’s safety, health, and welfare and without such assistance would be endangered. For those in a nursing home the VA has Form 21-0779- Request for Nursing Home Information in Connection with Claim for Aid & Attendance. The applicant should talk to the social worker at the nursing home and ask them if they have this form on file and if not obtain one and complete it for you. This should be attached to the VA application being submitted for the pension benefits.

In conclusion, the application should be completely filled out. All boxes and blank lines or section that do not apply or is zero, write that in those boxes (N/A or Not applicable in the appropriate sections is acceptable). The VA may return an application if all boxes are not “filled in” with something.

Submitting a Pension Claim Form – The Process

Applications for first-time pension claims are mailed to the regional office of the State in which the applicant resides (In Florida – St. Petersburg, Florida). Upon receiving an original application, the VA worker will date stamp the document and send a verification letter back to the person who submitted the application. This date becomes the “effective date” of the claim if benefits are awarded. Retroactive payments are made back to the first of the month following the month of the effective date stamp.

The VA has developed a process whereby one department has responsibility for acquiring information, documentation and follow-up to ensure the application is “complete”. Note that it is imperative that the DR-214 (discharge papers) are attached to the application. Failing to attach or include discharge papers could result in a minimum of a two-month delay. Once that department has determined that the application has all of the documentation and information necessary for a ratings decision or to move on to the next step, it is then sent to the ratings team for a decision or the post determination team for further processing. Once the rating team has completed its review (If required for the claim), the claim is then handed off to the post-determination team that will then send the final notifications of award/denial to the applicant, and make arrangements for payment of the benefits to start (if award granted).

Note that as a result of this assembly line system, many times documents cross in the mail or get misplaced in the process. Therefore, it is suggested the applicant keep detailed records and copies of everything that is sent to the VA in the event that they should ask you for duplicates of information already sent to them.

Persistence and patience are required when submitting the application to the VA. Remember they want to help, but the system takes time as does any governmental process.