please help father-in-law deserves A&A

[hunter]

Hello, First I would like to thank the people that keep this site up and running. You do a good job of getting the word out. I just learned that something like this was out there, what a shame our veterans are not more aware. I am trying to get A&A for my father-in-law, (84) Pat. He is a wonderful man. He was a father to me when my father was not. He would come to our house every Tues. Wed Thur. and Sun. night for years when my 2 boys were growing up. When he retired my husband and I added a small apartment onto our house for Pat and (mother-in-law) Mary. Now it is at the point that he would be in a nursing facility if his wife was not alive and we were not across the hall. I do not have any help with getting A&A for Pat. Even our local VFW and American Legion ended our conversation with "if you get more information let us know" My husband's hand is deformed from a bad surgery so he doesn't count. He has a brother and sister who haven't offered even though they know this is for their dad. Enough of that. I got carried away, just wanted to let you know this man is special. Anyway, the thing that has me stumped is the statement "This benefit (referring to A&A) may not be paid without eligibility to pension." What does that mean? Is there another pension that he must qualify for before he can apply for A&A? As far as I figure he meets the requirement for military time served, he needs assistance everyday to function. As far as their income, no savings, bonds, property, a veteran and spouse, monthly income is $2,471.94 before deductions, monthly deductions are $1,367.00. He seems to qualify for A&A income limits. Please help me, what am I wrong about? Does that statement mean there is another pension that I am missing. If you can help me reply or email me hunter_su_98@yahoo.com Thanks for reading this, I ramble, I know it. excuse all the mistakes

[vetadmin]

Hunter,

Welcome, and you will find a wealth of information here as well as support, so I thank you for your kind words regarding my efforts.

It's all in the wording of how the VA hides things and behind things.  The day a veteran turns 65, the VA classifies them totally and permanetly disabled.  This classification automatically makes a veteran "eligible" for the "Basic" level of this pension.  So to simply answer your question, he is eligible for this pension since he is over 65.

Don't concern yourself with the wording that is meant to confuse.

What you need to do at this point is determine from a financial standpoint what he "countable" income is.  Please see the formula below to help you arrive at that, and I hope this helps.

To qualify medically, a War-Time Veteran or surviving spouse must need the assistance of another person to perform daily tasks, such as eating, dressing, undressing, taking care of the needs of nature, etc.  Being blind or in a nursing home for mental or physical incapacity, or residing in an assisted living facility also qualifies.

To qualify financially, an applicant must have less than $80,000 in assets, EXCLUDING their home and vehicles.

What you need to determine is what is "Countable" income after backing out all allowable expenses.  Please see the following to help you determine that figure.

The VA suggests that its adjudicators use a certain amount of personal judgment on this issue. But the bottom line is: does it realistically appear that the veteran or surviving spouse may outlive their assets? If so, they are likely eligible.

Do NOT count their residence or vehicle when estimating net worth.

Do NOT count a life insurance policy (because the policy holder must be
deceased in order to benefit from it).

DO count CDs, annuities, stocks, bonds, savings, checking, IRAs, Keogh,
etc.

DO count any assets owned by the spouse as well.

As a rule of thumb, assets should not exceed $80,000. That amount drops
depending on the age of claimant.

List below the estimated ANNUAL income of the veteran or surviving spouse:

 Estimate total income (If married include spousal income): ______

All income must be included. This includes social security, pension,
interest income, dividends, income from rental property, etc.

If the veteran is married, then any spousal income must also be included.

List all unreimbursed, recurring health care expenses:

 This includes:

 Assisted Living costs (per month): _________________

 Nursing Home costs (per month):________________

 Home Care service (per month):_______________

 Health Insurance premium (per month):_______________

 Medicare premium (per month):_________________

 Regular (unreimbursed) prescriptions
 (per month & verifiable through a pharmacy print-out): _____________

 TOTAL Expenses per month: __________
 (multiply x 12 to get total annual expenses)

Subtract your total annual health care expenses from your total annual
income and write the amount here: _____________. This is your "countable" income

[hunter]

Thanks for responding so soon. So if I understand correctly the pension I was confused about is the basic pension? You said the VA considers him eligible because he is over 65. I understand that. But what is the income limit to qualify for the basic pension? My father-in-law needs the help of someone to perform daily tasks. He is also particle blind. Medically he will qualify. My mother-in-law is alive and helps him but she is battling cancer and I don't think it will be long before we need some paid help for both of them. He served during the required time. As far as income, as I stated above his and his wife's combined annual countable income (after deductions correct) is $13,248.00. I might be able to find more deductions. We have made some mistakes, like giving cash to the children for helping with his care. Not saving receipts for depends and insure along with some other personal care items. Also, if he doesn't meet the income requirements for the basic pension he cannot apply for A&A right? I thought I read that the income requirement for Aid and Attendance is higher than the requirement for Basic Pension. Please correct me if I am wrong about anything. This is all so overwhelming. I am losing faith that I can do this. Is this right, he only has to qualify for the basic pension to get A&A. He will only collect a monthly check  from one of these. I am so confused I thought that you just apply to which one you wanted. Again thanks for the help as you can see I am really in need of help.

[vetadmin]

Hunter,

For a veteran and spouse the income restrictions for the Basic level of this 3-tiered pension is $15,493, so he potentially could be eligible for the difference between the $13,248, but for the Basic level of this Pension, there is no medical requirements and you don't get to back out expenses to lower his annual income.

In applying for one of the other two levels, your challenge in applying  for the Housebound or A&A is that it all hinges on the financial piece for care that is being provided.  If he is not paying for care, then you can't claim those expenses to bring down his "countable" income for eligibility.  Depends and Ensure are not countable expenses, and paying cash to family members is not good.  There needs to be a verifyable paper trail via cancelled checks to show expenses.  If the expenses are not ongoing, then it will be hard to show a financial need for this pension to pay for his care.