advice

[yogi]

After 14 months we finally got a determination on A&A.  DENIED.  I make too much money.  Ha ha.  I am a teacher.  I pay over $700 a week for my husband's home care.  With my salary and his ss with medical deductions we do not fall below the $24,022,00 income limit.  What are middle income people suppose to do???
My lawyer advised me 3 yrs ago to divorce my husband.  I procrastinated.  I wanted to do the moral thing.  If i had done it, he would be eligible for benefits based on his ss.  I have gone through his ira.  I have stopped paying on my credit cards.  I am living pay check to paycheck.  Lesson learned: Please if your lawyer recommends divorce do it! Now I have no money left to pursue that avenue.
By the way my husband has frontal temporal dementia.  He is only 59 yrs old.  He is incontinent and spends most of his time in a wheelchair or sleeping.  I pray for it all to end.

[gulskjegg]

Im sorry but does your husband have Non-Service Connected Pension, or Service-Connected Compensation like PTSD or something? Because from what I can see the A&A income limit is $80,000 in total assets not including car house and personal belongings. If your husband is NSCP, then the income limit would be about par for the VA. And I am sorry for your situation.

[vetadmin]

Yogi,

When you made the application, did you back out all his care expenses to bring your "Countable" income down to what you actually have to live on each month?

[yogi]

yes we did all that. I am just bummed that they don't take into consideration things like mortgage, school loans, etc.  If they would count all that then we woud qualify.  My husband does have a 10% service related disablility too.  In hindsight I definitely would have done the divorce.  He would be taken care of and i wouldn't have so much stress.  Thanks for all the posts.  This site is very helpful and I hope you all get what your vets so rightly deserve.

[vetadmin]

Yogi,

Something isn't right here.  Not sure exactly what it is, but something hasn't been counted correctly.  Go to this link and use this form to arrive at what you have monthly to live on.
www.vetassist.org/eligibility.htm

[gulskjegg]

Ok I saw something in my studies. Check this out, as I am in the same boat as you. Your husband can sign a contract with you that pays you $2000 (or whatever) per month for personal care. You may have to pay taxes, but its worth it if it allows you to care for your spouse.

From www.PlattLawPC.com

Planning Tip #4
Another unreimbursed expense that is permissible to reduce income is payment made to a family member pursuant to a “family services contract” or an “independent contractors” contract, for the payment of services to care for the person. The VA is scrutinizing these contracts now, thus, it is important to be able to verify the actual payments made to the caregiver.

Also, keep in mind there are other items you can claim as expenses. I know I will be using acupuncture and chiropractic and other items in the near future, but check this stuff out for yourself.

Listing of Possible Medical Expenses
Revised August 24, 2007
These can be deducted form your gross income to determine VA benefit eligibility.
Medicare Premiums deducted Hearing aids & batteries Psychologist
from Social Security
Home health services Psychotherapy
Supplementary medical
insurance(Part B)under Medicare Hospital expenses Radium therapy
Abdominal supports Insulin Treatment Sacroiliac belt
Acupuncture service Insurance premiums (medical) Seeing-eye dog
Ambulance hire Invalid chair Speech therapist
Anesthetist Lab tests Splints
Arch supports Lip reading lessons (in Surgeon
connection with disability)
Artificial limbs Telephone/teletype (for
Neurologist deaf)
Back supports
Nursing services Transportation expenses
Braces (20 cents per mile)
Occupational therapist
Cardiographs Vaccines
Ophthalmologist
Chiropodist Vitamins Dr. Prescribed
Optician
Chiropractor Wheelchairs
Optometrist
Convalescent home (for Whirlpool baths for
medical treatment only) Oral surgery medical purposes
Crutches Osteopath X rays
Dental services Pediatrician
Dentures Physical examinations Note: Most medical
expenses must be pre-
Dermatologist Physician scribed by a physician
to be deductible from
Eyeglasses Physical Therapy gross income for VA
benefit qualification
Food or beverages prescribed by Podiatrist purposes.
Dr. for treatment of illness
Prescriptions and drugs
Gynecologist
Psychiatrist/ Psychoanalyst

Hope this helps.

[pologal1979]

Ummmmmm...NO DO NOT PAY YOUR SPOUSE FOR YOUR PERSONAL CARE.  YOU PAY A PROVIDER NOT YOUR WIFE.

the money you pay for your care to your spouse wages = countable income = this expense = not an expense. 

there are some shady sites out there that tell people to do things like this.  watch out.

[Fit2009]

You cannot pay a spouse, its true - we had a few spouses try it as a test case - have you considered a VA nurisng home?  Since he is probably medically rated A&A, he would have priority placement in a VA nursing home and they would not be interested in your assets or your income.  FTD is very agressive and fast moving, you should not feel guilty about a nursing home situation - if the VA nursing home is close enough for you to visit and is one of the many good ones, it can be a life saver.
Depending on your state, a community spousal waiver with Medicaid might be helpful - or at home care waiver.

The other straws to grasp at that I know of:
What is that 10% disability?  Is it anything that can be moved to a higher percentage?
Is there a non-spouse family member you can pay?