With more and more attorneys adding VA pension benefit planning into their practices, the buzz word seems to be Aid & Attendance ("A&A"). While the A&A pension provides the largest monetary benefit to a veteran, what about the other millions of veterans who need financial assistance but do not medically qualify for the A&A pension?
According to the Veterans Benefits Administration, three levels of benefits exist depending on the claimant's level of disability. The base level benefit is referred to as the Improved Pension. In addition to the A&A and Improved Pension, one other special monthly pension allowance exists; the Housebound monthly pension.
A claimant will meet the disability requirement for base/improved pension if he or she is permanently and totally disabled. The claimant is considered to be permanently and totally disabled if he or she is at least 65 years of age, resides in a nursing home, or has been determined to be disabled by the Social Security Administration. If the claimant does not fall into one of the categories listed above, then he or she must show that he or she is unemployable, and it is reasonably certain to continue throughout his or her lifetime. In the base/improved pension category, the Maximum Annual Pension Rate ("MAPR") for a single veteran is $11,830.00 per year ($985.00 per month), and for a surviving spouse $7,933.00 per year ($661.00 per month).
The Housebound monthly pension applies to a claimant who is substantially confined to a home/institution or immediate premises due to a disability which is reasonably certain will remain throughout his or her lifetime. Evidence that the claimant is unable to meet one activity of daily living ("ADL") is usually sufficient. ADLs generally include the inability to dress or undress, keep oneself clean and presentable, frequent need of prosthetic adjustment, inability to feed oneself, inability to toilet, an incapacity (physical or mental) which requires care or assistance on a regular basis, or being bedridden. A perfect example of a housebound claimant would be an individual able to dress, feed, and bathe himself or herself (perform the ADLs), but unable to drive or leave the home without assistance. In the Housebound category, the MAPR for a single veteran is $14,457.00 per year ($1,204.00 per month), and for a surviving spouse $9,696.00 per year ($808.00 per month).
The A&A pension applies to a claimant who is so helpless that he or she requires the aid and attendance of another person in order to perform two or more ADLs. A person in a nursing home, or who is blind, generally meets the A&A criterion. In the A&A category, the MAPR for a single veteran is $19,736.00 per year ($1,644.00 per month), and for a surviving spouse $12,681.00 per year ($1,056.00 per month).
