ONE EXPERIENCE WITH THE AID & ATTENDANCE PENSION

The intention of this page is to inform you about some of the challenges and obstacles you may encounter with your application for this benefit. The opinions expressed are based solely on my personal experience of having been through this process, and as the daughter of a WWII Veteran. It is my sincere hope that by sharing with you my encounter, that I can be helpful in providing insights and suggestions for navigating your way through this complicated application process. Sadly this application used to be a simple 4-page document, but the VA saw fit to turn it into a 26-page challenge.

If you are asking yourself is it worth the time and effort to make this application, the best answer I can offer you, is that over a 9-year period of both my parents being in assisted living facilities, this benefit would have represented over $160,000 in additional income to offset their living expenses.

For many families dealing with the escalating cost of either Assisted Living or Nursing Home care, this benefit can be the defining point of the quality of care and residence you are able to afford your loved one. Yes, it is worth the effort!

PLEASE NOTE:
Because of the number of individuals currently dealing with this issue, it has created a business opportunity for many companies who have seized the demand and lack of information pertaining to Aid & Attendance to their advantage. I caution you not to fall victim to one of these "scam services". The majority of these companies/individuals have no association with the VA (despite the name of their company), and are not well versed in the laws, applications or appeals of the VA. The VA's laws require that anyone who assists a veteran in qualifying for or applying for veteran's benefits to be accredited by the VA. Moreover, no one can charge a veteran to assist with the completion or filing of VA benefits application.

Many of these companies/individuals offer to file for this Pension for "free", while the true intention is to gain you as a client to sell you products or services they offer. Trusts and Annuities are areas to exercise extreme caution. People are often told they need to put X dollars into an annuity and/or trust in order for someone to qualify for the pension. While this may be a good option, this option is not always in the best interest of the veteran or widow. Monies will be tied up and in the event funds are needed they won't be available. Keep in mind the person who sells the annuity makes a commission off of it. Don't enter into these arrangements without a full understanding of their impact. It would be easy in times of desperation for you to be taken advantage of.

There are Elder Law Attorneys who are well versed in all aspects impacting seniors to include Social Security, Medicare, Medicaid, Guardianships, and appropriate trust. Many have expanded their practice to include veteran's benefits and are very knowledgeable in regards to this pension, and would be a resource to consider for proper advisement. But, even attorneys must be accredited by the VA. Be sure to ensure that any advisor you use is accredited.

In applying for the "Aid and Attendance" benefit keep the following in mind:

• If you call or visit your local Department of Veterans' Affairs for information on this benefit, do not be surprised that the individual with whom you speak will not know about this benefit or be knowledgeable about it. You will have to be persistent in getting to speak with someone who does. Regretfully, this is more common than not.



• This process takes approximately 6 - 9 months (possibly longer) for you to receive a "determination of eligibility." You need to be proactive in making sure that you have all of the required documentation when you begin your application, or you will encounter additional delays. NOTE: A determination of eligibility does not necessarily mean the releasing of funds in the event of mental incapacity. This will require the assignment of a Fiduciary and will lengthen the process.



• Be sure to keep copies of all correspondence, applications, and records submitted through the filing process. NOTE: Always mail ALL correspondence via Registered Return Receipt.



• If the application is approved, the benefit will be retro-active to the date the application was made.



• If you or your loved one has any mental incapacities such as Dementia or Alzheimer's documented by the Physician who will be providing the medical portion for this application, be aware that the Department of Veterans' Affairs will require that a fiduciary be appointed, as the individual will be declared incompetent for handling their own financial affairs. UPDATE: For more information on the fiduciary process, click here. Pay special attention to the paragraph labeled "GENERAL".



• It is important to note, that this fact will not be brought to your attention by The Department of Veterans' Affairs in the beginning of your application process, and will be responsible for delaying payment for any monies due to the applicant for an undetermined amount of time.



• The application process will be put on hold as they will require that one of their representatives meet and interview the applicant in person.



• The process and the length of time for the Department of Veterans' Affairs to actually send one of their representatives for this meeting can take up to several months, and they will not release the funds under any circumstances until this has been done.



• In addition, they will then have to assign a fiduciary of their choosing, which will increase the wait time even more. Again, please see this document. You can request to be appointed as Fiduciary. The VA does not recognize POA or DPOA. Please see our FAQ Section for more detailed information on this subject.



• They will have to approve the individual who acts as the fiduciary as someone reputable to handle the financial affairs according to their guidelines. This will require a meeting with a Field Agent if you request to be appointed. Due to a lack of Field Agents, the wait time for this meeting to be scheduled can be several months. Be sure to include VA Form 21-0845 (Authorization to Disclose Personal Information to a Third Party), so that you will be able to call the VA on behalf of the claimant. Without this form the VA will not discuss the application with you.



• "Be aware that if you file the claim in the state where you live, but your parent or loved one is in a different state than which you filed the claim on their behalf, that you cannot call the state in which the applicant resides to speak with anyone about the application. The information associated with the claim is only accessible by the office in the state the claim was filed. The VA has a Smart Phone/Fax system that recognizes the number you are calling from and routes to that Call Center.



• Be advised that if the applicant should decease prior to "approved benefits" being released that this money is considered to be "accrued benefits", and you are entitled to file against these funds to help offset any and all funeral expenses that were not covered by other means such as pre-paid funeral arrangements, insurance polices etc.



• The Department of Veterans' Affairs will not make you aware that this option is available.



• " You will need to have an original copy of the death certificate, all the bills related to the cost for care and burial expenses that were not covered by pre-existing policies, which also includes appropriate grave markers. This process will take up to another additional 6 -12 months to get it signed off on and for monies to be disbursed to the individual who actually paid for the expenses. Use Form 21-601. NOTE: Date of last illness is the same date you filed for benefits. Please see our FAQ Section for more information on this process. NOTE: You only have one year to file for reimbursement.

I will note here that even though you may not have immediate need of the pension now, but suspect that in the near future you will, start gathering all the necessary documents and forms well in advance so you will be prepared when the time comes. Most adult children of Veterans may not have immediate access or knowledge as to where discharge papers, marriage licenses, bank account information, and other important documents are. In some cases, it may be necessary to arrange for copies, and this can be a timely process. You can obtain discharge papers DD-214 at www.vetrecs.archives.gov.

In review, you will need to be persistent. You need to expect to encounter imposed delays from the Department of Veterans' Affairs, and to be overwhelmed with the amount of documentation and forms that are not easy to understand. The VA is known to ask for the same information more than once claiming to never have received the application or all the supporting documentation.

Don't take NO for an answer and if you encounter an individual who truly is not well informed about this benefit, keep going until you find someone who is.

It is regrettable that our government does not do more to disseminate critical information regarding benefits and pensions to those who have proudly served our country and are entitled by their sacrifice and service, so I ask that you please share this information with everyone you know who may be able to benefit.

God Bless America
Debbie Burak
Founder, VeteranAid.org

VeteranAid.org was created to provide information, free of charge, to veterans, their spouses and families.  If you are a veteran, the surviving spouse of a veteran, or the responsible family member of a veteran, we urge you to apply for the VA Aid and Attendance Special Pension at the earliest time possible.  This benefit could make the difference between a veteran or surviving spouse living in a high-quality assisted living facility or in a state-operated nursing home.

VeteranAid.org cannot answer any legal or medical questions.  VeteranAid.org is not associated with any government agency and cannot guarantee eligibility nor monetary compensation from the Aid & Attendance Special Pension.

*Figures are from the Veteran's Administration as of 12/01/09  Please contact the VA to verify current Aid and Attendance monthly payments.

†While not a non-profit, VeteranAid.org conducts itself as a not-for-profit organization. That is, proceeds from the sale of goods or donations are reinvested into the organization to assist with meeting the mission statement goals. The primary mission statement goal is to bring awareness of the Aid & Attendance Special Pension to the general public so that all those who are entitled to the benefit have the opportunity to apply. Purchases from or donations to VeteranAid.org are not tax-deductible, but you will have the thanks of millions of Veterans and their families for your support.