One you receive the basic pension and the A&A portion, how you can use it?

[Eosboriken]

As the caregiver of my husband, I was notified by a social worker from the VA of the basic pension and A&A.  We filled the documentation through a organization suggested by them.

Later on, my husband was approved for the basic pension ($1,291.00) with the A&A portion($658.00) on July 2010 and retroactive to Feb. 2010.  He started to received the first check on Aug. 2010. 

At that time of the first check, my husband was receiving the services of a home health aide at home since feb. 2010.  The home health aide came through a company approved by the VA.

When the home health aide started to give services at home, we were required to have her for 96 hours per month/ 24 hours per week (to cover the WHOLE AMOUNT OF $1949.00).  Basically her job was to "babysit" my husband (who was bed bound)when I needed to do errands (i.e. groceries) because I have to feed him through the PEG tube, give him medications, etc., things she was unable to do.

My issue is this:  When approved, I was told by the VA that only a portion of the pension was used to paid for the home health aide ($658.00); therefore, NOT THE WHOLE CHECK would be used to pay for those services.  My current problem is that the company that send the home health aide is stating that I need to foward to them the WHOLE AMOUNT ($1949.00) to them and even the retro check for their services?...is this true?...

When I call the VA Regional Office I was told that only the A&A was supposed to be used for the payment of home health aide services and the other portion was supposed to be used to cover the expenses of the veteran and the dependant.  WHO IS RIGHT?...THE VA OR THE HOME HEALTH AID AGENCY?...Please HELP!!

[vetadmin]

The Home Health folks are sorely mistaken and have no right to anything other than what services are provided.  This would be based on their hourly rate and the number of hours they are on the job.

They are not entitled to the back pay unless you owe them for services not yet paid for, then you would simply pay what is actually owed for services provided. 

The Basic level of the pension is not based on medical, but rather financial need.  The additional money is due to his medical needs, but the Home Health is completely out of line in making this demand. 

Did they by chance assist you with making this application?

You do not have to use a VA approved agency, as you have the right to pay and hire anyone to be his caregiver.  A spouse cannot be compensated as taking care of one another is a normal expectation from spouse to spouse.

You do need to be careful in that his monthly expenses do come up to the pension amount as being at home, you cannot claim rent or mortgage payments as part of his medical.  If he were in an ALF or Nursing Home, then you could claim the entire amount that facility charges.

[VSR]

You can use the money for whatever you want.  The rate is based on the financial need and the income limit is based on medical need.  The care providing company knows how the program works and is likely just abusing your husband's entitlement.  I've seen this happen quite a bit unfortunately.