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Eligibility for VA Benefits

Basic Eligibility for VA Aid & Attendance:

The veteran must have served at least 90 consecutive days of active duty, at least one of which was during a war-time period. The veteran must have received a discharge other than dishonorable. Once that occurs, either the veteran, or the widow, or sometimes both members of a married couple can benefit, at least indirectly, from being awarded Aid and Attendance benefits.

War-Time Periods for VA Aid & Attendance:

War-time periods, for eligibility purposes are as follows:

  1. World War II: December 7, 1941 through December 31, 1946.
  2. The Korean War: June 27, 1950 through January 31, 1955.
  3. The Vietnam War: August 5, 1964 through May 7, 1975.
  4. The Gulf War: August 2, 1990 through a date to be set by law by Presidential Proclamation.

Income Limits for VA Aid & Attendance:

For 2008, the permissible family income limits are as follows:

  1. Veteran with no dependents $1,554/month; or $18,654/year
  2. Veteran with one dependent $1,842/ month; or $22,113/year
  3. Widow(er) with no dependents$998/month; or $11,985/year

Asset Limits for VA Aid & Attendance:

Until recently, the asset ceiling came from Section M21-1 of the VA Manual, which listed $80,000.00 or less as the top limit in assets, whether married or single. Now, the “standard” varies from case to case, and depends on whether the person has “sufficient means” to pay for his or her own care.

Why an Elder Law Attorney?

The asset amount is not the end of the road; knowledge of public benefits is essential to understand when VA benefits are appropriate, and when Medicaid or some other needs-based benefit is what is needed.