Because the Aid and Attendance benefit provides significant financial assistance to wartime veterans and their surviving spouses, the Aid and Attendance eligibility requirements demanding.
Before going through the time and trouble of applying for benefits, you may want to know if you or your loved one meet the requirements for Aid and Attendance eligibility.
Eligibility requirements for Aid and Attendance can be broken down into four areas of eligibility.
Aid and Attendance Eligibility: Service Requirement
- Must have served at least one day during a period of war
- Must have served at least 90 days active duty
- Must have received a discharge other than dishonorable
Aid and Attendance Eligibility: Health Requirement
- Must require assistance with activities of daily living such as bathing, dressing, and transferring OR
- Must reside in a nursing home OR
- Must be legally blind
Aid and Attendance Eligibility: Income and Net Worth Requirements
- Dependent on factors such as medical expenses, number of dependents, and life expectancy
- The applicant must meet income and countable asset criteria established by the VA
Aid and Attendance Eligibility: Periods of War
- World War II: December 7, 1941 – December 31, 1946, inclusive. If the veteran was in service on December 31, 1946, continuous service before July 26, 1947, is considered World War II service.
- Korean conflict: June 27, 1950 – January 31, 1955, inclusive.
- Vietnam era: The period beginning on February 28, 1961, and ending on May 7, 1975, inclusive, in the case of a veteran who served in the Republic of Vietnam during that period. The period beginning on August 5, 1964, and ending on May 7, 1975, inclusive, in all other cases.
- Persian Gulf War: August 2, 1990, through date to be prescribed by Presidential proclamation or law.
Eligibilty requirements for Aid and Attendance have not changed all that much throughout the years. However, the Department of Veterans Affairs may be changing the rules for how the Agency treats gifting. The Department plans to adopt a framework more similar to Medicaid, which means penalties on gifts and periods of ineligibility. More than ever, it is important to make sure you and your family plan appropriately to take advantage of state and federal benefits.
Please contact VA Legal Team today for a free case review.