Applying for Aid and Attendance benefits can be a confusing and time consuming process. The VA is actually improving their turn-around time on new claims but the red-tape still exists. This article should help you properly complete a claim for VA Aid and Attendance pension benefits. However, I first recommend making sure you qualify for Aid and Attendance benefits.
Before beginning, please read my more comprehensive guide on the Aid and Attendance application for an in depth look at the application and supporting documents all claimants must submit to the VA.
Applying For Aid and Attendance: Do
When you are applying for Aid and Attendance benefits, do complete the net worth and income sections completely. You cannot report an “N/A” for any part of these sections. If the claimant does not own, for example, stocks or bonds, you should write the word “none” or “0” next to the $ symbol. Failing to complete any portion of the financial sections will result in a letter from the VA.
Applying For Aid and Attendance: Don’t
Don’t submit the veteran’s original discharge papers unless you have no other choice. The VA no longer returns discharge papers. This means that if you mail your only DD 214 or Report of Separation to the VA, you will lose it forever. However, don’t send a copy. More and more, the VA is rejecting copies of a veteran’s discharge papers. This means you should send the VA a certified copy of the discharge papers. A certified copy will have a raised seal or a stamp. It is different than a notary seal. You can get a certified copy from the National Archives in St. Louis, a qualified VSO, and sometimes a county courthouse.
Applying For Aid and Attendance: Do
When submitting an Aid and Attendance application, do ensure that the claimant’s net worth is not excessive. While there is a prevailing myth about Aid and Attendance net worth, you must make sure that assets are within VA eligibility standards. The VA considers net worth a question of fact and there is no “bright-line” number that is used to determine how much a claimant can have and still qualify. The VA will review life expectancy, number of dependents, and the difference between income and net worth. Applying for Aid and Attendance with too much net worth can make qualifying in the future more difficult. If you think your net worth may disqualify you, pre-planning can be done to lower assets before the application is submitted.
Applying For Aid and Attendance: Don’t
Don’t submit an application unless the claimant has expenses that the VA will consider as unreimbursed medical expenses. If the claimant is not paying for custodial care, the VA will deny a claim for excessive income. The claimant must be paying someone for activities of daily living such as bathing, dressing, and personal hygiene. Alternatively, the claimant must require a protected environment and be paying out of pocket. Contrary to some articles, you can receive Aid and Attendance benefits if you live in an independent living facility. Please read my article on the VA’s new definition of custodial care for more detail.
These are only a few of the “do’s and don’ts” to keep in mind when applying for Aid and Attendance benefits. If you follow my suggestions, the application process will likely be easier and timelier. Contact VA Legal Team today with questions or comments.