VA Disability Pension (which includes Aid and Attendance) is a benefit paid to wartime veterans who have limited or no income, and who are age 65 or older, or, if under 65, who are permanently and totally disabled due to non-service-connected conditions.  Before a claim for Aid and Attendance may be awarded, a veteran or surviving spouse must first meet the Disability Pension eligibility requirements.  VA Disability Pension is unlike traditional pensions that are based on years of employment or service with a company or organization.  Veterans who are more seriously disabled may qualify for increased benefits based on Aid and Attendance or being Housebound.  Housebound benefits provide a lower monthly payment than Aid and Attendance benefits, therefore the strategy involves submitting a claim for Aid and Attendance with Housebound constituting a second option the VA may consider.

These benefits are also available to a widow or widower who was married to a wartime veteran and who has not remarried, except under limited circumstances.

A veteran may be eligible for pension with an additional award for Aid and Attendance if:

1.     The veteran served at least 90 days of active military service, 1 day of which was during a wartime period; and if the veteran entered active duty after September 7, 1980, service of at least 24 months or the full period for which called or ordered to active duty (there are exceptions to this rule); AND

2.     The veteran was discharged from service under conditions other than dishonorable; AND

3.     The veteran’s countable family income is below a yearly limit set by law (the yearly limit on income is set by Congress); AND

4.     The veteran is age 65 or older OR permanently and totally disabled, and now requires the assistance of another person as explained more fully below.

A surviving spouse of a wartime veteran may be eligible for Death Pension with an additional award for Aid and Attendance if the deceased veteran met the wartime, active duty and discharge requirements above, the surviving spouse has limited income and assets, and is over 65 or disabled and requires the assistance of another person as explained more fully below.

Countable income is income received by the veteran and his or her dependents, if any, from most sources, including earnings, disability and retirement payments, interest and dividends, and net income from farming or business.

Net worth means the net value of the assets of the veteran and his or her dependents.  It includes such assets as bank accounts, stocks, bonds, mutual funds, and any property other than the veteran’s residence and a reasonable lot area.  There is no set limit on how much net worth a veteran and his dependents can have, but net worth cannot be excessive.  The decision as to whether a claimant’s net worth is excessive depends on the facts of each individual case.  All net worth should be reported and the VA will determine if a claimant’s assets are sufficiently large that the claimant could live off these assets for a reasonable period of time.  The VA’s needs-based programs are not intended to protect substantial assets or build up an estate for the benefit of heirs.

Total all countable income.  Then subtract any out-of-pocket medical expenses.  The remaining countable income is deducted from the appropriate annual pension limit, which is determined by the number of dependents, if any, and whether or not the veteran is entitled to Housebound or Aid and Attendance benefits.  This amount is then divided by 12 and rounded down to the nearest dollar.  This gives you the amount of the monthly payment.  (See Pension Benefit Charts, below)

Aid and Attendance (A&A) and Housebound are benefits paid in addition to monthly pension.  This benefit may not be paid without eligibility for pension.  Entitlement to A&A benefits exists when the claimant requires the aid of another person in order to perform personal functions required in everyday living, such as bathing, feeding, dressing, attending to the wants of nature, adjusting prosthetic devices, or protecting himself or herself from the hazards of his or her daily living environment.  Entitlement also exists when the claimant is bedridden, a patient in a nursing home due to mental or physical incapacity, or is blind.  Entitlement to Housebound benefits exists when the claimant is permanently and substantially confined to his or her immediate premises due to medical disability.  The VA will consider a claim for Housebound benefits if a claimant is denied Aid and Attendance benefits.

The Veterans Administration will provide nursing home care if the veteran meets any of the following criteria:

*     The veteran requires nursing home care for a service-connected condition; or

*    The service-connected disability rating is 70 percent or more; or

*    The service-connected disability rating is 60 percent or more and the veteran is not employable.

The VA may provide nursing home care to veterans who don’t meet the above criteria if space and resources are available.  Veterans who have a service-connected disability are given first priority for nursing home care.

2011 Pension Benefit Figures -- Wartime Veteran

2011 Pension Benefit Figures -- Surviving Spouse