BY RATING Decision dated January 8, 2014 (mailed March 13, 2014), the US Department of Veterans Affairs, through its Pension Management Center in St. Paul, Minnesota, granted a Marine Corps Veteran during the Korean Conflict Era, aid and attendance monthly pension of $1,715.00 starting December 1, 2013.
Indeed, the Author filed Marine Corps Veterans claim for non-service connected aid and attendance on November 25, 2013, as a single veteran with no dependants. He will be 81 years old by April 23, 2014, and resides in Sherman Oaks, California. He has graciously given this Author permission to write and publish this article on his award.
The Marine Corp Veteran has been receiving $1,715.00 aid and attendance pension since December 1, 2013, out of the $1,733.00 maximum benefit for a single veteran with no dependents.
Computation of aid & attendance award
(a) Physical requirements for aid & attendance benefits:
A war veteran must have limited or no income and be at least 65 years old or, if under 65, is permanently or completed disabled to receive aid and attendance benefit.
He or she must need financial help for in-home care, to pay for an assisted living facility or a nursing home.
He or she needs the aid of another person in order to perform personal functions required in everyday living, such as feeding, dressing, bathing, toileting, adjusting prosthetic devices, or protecting from hazards of daily environment, or is bedridden, or is in a nursing home due to mental or physical incapacity, or is blind or so nearly blind.
(b) Income requirements and unreimbursed medical expenses:
The veteran-claimant’s countable family income, which consists of income received by the claimant and his or her dependents, must be below a yearly limit set by law.
Countable income includes earnings, disability and retirement payments, interests and dividends, and net income from farming or business, but excludes public assistance such as SSI benefit.
For example, the maximum aid and attendance benefit that can be paid monthly to a single veteran like the Marine Corp Veteran is $1,733.00, if he has countable income of $0 to receive the maximum benefit.
The aid and attendance Maximum Annual Pension Rate (MAPR) for a single veteran is $12,652.00, or $1,054 per month. Five (5) percent of the Basic Pension MAPR for a single veteran is $632.00, or $53 per month which is the amount subtracted from unreimbursed medical expenses.
Unreimbursed medical expenses paid by the claimant may reduce the countable income. Such expenses include cost of long term care institution or assisted living, health insurance premiums (including Medicare premiums), diabetic supplies, private caregivers, incontinence supplies, prescriptions and dialysis not covered by any other health plan.
Only the portion of unreimbursed medical expenses that exceed 5% of the basic pension MAPR may be deducted.
(c) Computation of The Marine Corp Veterans Aid & Attendance Pension:
The Marine Corp Veteran annual Social Security Income is $13,510.00, or $1,125.83 a month. His annual medical expenses amounted to $13,620.00, or $1,135.00 per month for Medicare (Part B) premiums, private medical insurance and in-home care fees of $780.00 per month.
– So, Basic Pension Maximum
Annual Pension Rate (MAPR): $ 12,652
($1,054 monthly) x 0.05 = $632.60
– Medical Expenses: $13,620
($1,135.00 monthly) – $632.60 = $12,987.40
– Annual Income: $13,510
($1,125.83 monthly) – $12,987.40 = $522.60 (countable income)
The VA computed his countable income as $525.00 (instead of $522.60), and awarded him Aid and Attendance benefit of $1,715.00 a month, or $20,580.00 a year.
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The Author, Roman P. Mosqueda, is a VA-certified Attorney. He was chosen as 2014 Super Lawyer of Southern California. Send comments to: [email protected] or call (213) 252-9481 for free consultation appointment. Visit his website: www.MosquedaLaw.com or EzineArticles.com to read his other articles.
