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Is a Veterans Administration Benefit Right for You?

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APRIL 30, 2012 VOLUME 19 NUMBER 17
We were reminded recently of the existence of a resource for elderly veterans and their surviving spouses — one that is too often overlooked, as it happens. We had yet another client who was unaware that she might qualify to receive a Veterans Administration pension benefit. We have written about veterans benefits before, but it always surprises us to note how often potential applicants are unaware of the benefits they are entitled to receive.

To qualify, the veteran must have served 90 days or more of active duty, including a single day during a war time period. War time periods include the second World War, the Korean Conflict, the Vietnam War, and Desert Storm, Desert Shield, and really any service in Afghanistan or Iraq from August, 1990 onward. The Department of Veterans Affairs helpfully maintains a list of the actual dates of “Periods of War” online.
The veteran must also have been honorably discharged (or at least, not dishonorably discharged) from his or her military service. Unlike other VA programs, there is no “service-connected” requirement for this particular benefit.

The benefit is available to veterans and their surviving spouse. If you are the surviving spouse, you must have been married to the veteran at the time of his or her death and can not have remarried since.  There is an asset test; to qualify, you may have family net worth of no more than $60,000 to $80,000, not counting the value of your home, car, and certain other items.

In calculating the amount of your pension benefit, the VA assesses your “countable monthly income.” Under this formula, any money you receive from Social Security reduces the amount of money you will receive from the VA.  Note, however, that you can reduce your “countable monthly income” by monthly unreimbursed medical expenses. These include such things as your Medicare premium, a dental insurance premium, a long term care insurance premium, prescription drugs, hearing aid costs, vision care costs, and expenses related to transportation to your doctor’s office.

Application forms are available at the Veterans Administration website, http://www.va.gov, or by calling 1-800-827-1000. The veteran’s application is form 21-256, widows use form 21-534, and the medical expense form is 8416.

The state of Arizona has created a department of Veterans Services to assist state residents in obtaining federal veterans benefits to which they may be entitled. A counselor will assist you in making the application. The Tucson office is located at 1661 N. Swan Road, Suite 128, Tucson, AZ 85712 and their telephone number is (520) 207-4960. You can also call the Phoenix office toll-free at 1-800-852-8387.

Wondering why no one has invited you to a free lunch to hear about this exciting benefit? VA rules state that anyone who assists you in completing this application can charge you no more than $10.00 for the service. That makes it hard to make a living explaining the benefit, unless your salary is paid by the federal or state government.

One Response

  1. It is amazing how few veterans know about the Aid and Attendance benefit. It seems like the VA may not really want people to know about it. They certainly don’t do much to educate folks and often give out incorrect information to veterans who call and ask about the benefit. It’s important that you keep up your efforts to educate the public about this important benefit that’s available to help pay for long term care.

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Robert B. Fleming

Attorney

Robert Fleming is a Fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. He has been certified as a Specialist in Estate and Trust Law by the State Bar of Arizona‘s Board of Legal Specialization, and he is also a Certified Elder Law Attorney by the National Elder Law Foundation. Robert has a long history of involvement in local, state and national organizations. He is most proud of his instrumental involvement in the Special Needs Alliance, the premier national organization for lawyers dealing with special needs trusts and planning.

Robert has two adult children, two young grandchildren and a wife of over fifty years. He is devoted to all of them. He is also very fond of Rosalind Franklin (his office companion corgi), and his homebound cat Muninn. He just likes people, their pets and their stories.

Elizabeth N.R. Friman

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Elizabeth Noble Rollings Friman is a principal and licensed fiduciary at Fleming & Curti, PLC. Elizabeth enjoys estate planning and helping families navigate trust and probate administrations. She is passionate about the fiduciary work that she performs as a trustee, personal representative, guardian, and conservator. Elizabeth works with CPAs, financial professionals, case managers, and medical providers to tailor solutions to complex family challenges. Elizabeth is often called upon to serve as a neutral party so that families can avoid protracted legal conflict. Elizabeth relies on the expertise of her team at Fleming & Curti, and as the Firm approaches its third decade, she is proud of the culture of care and consideration that the Firm embodies. Finding workable solutions to sensitive and complex family challenges is something that Elizabeth and the Fleming & Curti team do well.

Amy F. Matheson

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Amy Farrell Matheson has worked as an attorney at Fleming & Curti since 2006. A member of the Southern Arizona Estate Planning Council, she is primarily responsible for estate planning and probate matters.

Amy graduated from Wellesley College with a double major in political science and English. She is an honors graduate of Suffolk University Law School and has been admitted to practice in Arizona, Massachusetts, New York, and the District of Columbia.

Prior to joining Fleming & Curti, Amy worked for American Public Television in Boston, and with the international trade group at White & Case, LLP, in Washington, D.C.

Amy’s husband, Tom, is an astronomer at NOIRLab and the Head of Time Domain Services, whose main project is ANTARES. Sadly, this does not involve actual time travel. Amy’s twin daughters are high school students; Finn, her Irish Red and White Setter, remains a puppy at heart.

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Matthew M. Mansour

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Matthew is a law clerk who recently earned his law degree from the University of Arizona James E. Rogers College of Law. His undergraduate degree is in psychology from the University of California, Santa Barbara. Matthew has had a passion for advocacy in the Tucson community since his time as a law student representative in the Workers’ Rights Clinic. He also has worked in both the Pima County Attorney’s Office and the Pima County Public Defender’s Office. He enjoys playing basketball, caring for his cat, and listening to audiobooks narrated by the authors.