Changes in interpretation of A&A requirements

[Barnja355]

I'm new to this forum, and happy to find it!  I am in Sales & Marketing at a senior living community with Independent Living (IL) and Assisted Living (AL).  I have helped Veterans and/or their surviving spouses apply for A&A for a couple of years now.  

Up until a few months ago, our residents were being approved for A&A while living in IL, WITHOUT personal services (Activites of Daily Living "ADLs"), provided by us.  Ours is a full-service community, with 3 meals, utilities, housekeeping, laundry, and transportation provided. We were told that as long as the Veteran was in a "more protective environment" such as ours, with the aforementioned basic services, that would qualify them for A&A.

Residents in AL pay additionally for "personal services" such as bathing, dressing, toileting, grooming, med management, incontinence, ambulation, etc.

About mid-November 2010, we experienced the first applicants who were APPROVED for A&A, but only awarded $167/month versus $1900 for a couple.  They were told that even though they had been paying a family member for ADLs, since they were in Independent Living (versus Assisted Living), they could NOT deduct their rent costs as Non-reimbursable Medical Expenses (NMEs).  Hence, they didn't get the major deduction of rent cost.

It was explained to us that the qualifying REQUIREMENTS for A&A had not been changed, but the INTERPRETATION of those requirements had been tightened up by the VA.  Is that a correct statement?  Is there a document available that explains that change?

Do applicants HAVE to be living in ASSISTED LIVING now, in order to have their rent costs deducted, and receive A&A?  What are the requirements here?  We really try to help our Vets, but can't find substantive explanation of the rules...

Please help!

[vetadmin]

95% of the time the rent in Independent Lving is not an allowable expense.  Independent means what it says.  In an ALF the full monthly cost is an allowable deduction.

They can claim what they pay in care to a family member as long as they have proof of that payment, but the rent is just like paying rent in a private dwelling, which does not qualify.

I am sending you a private message as this topic goes off point for what applies to most members.