Veterans Service and Non-Service Connected Benefits

The  Senior Veterans Service Alliance is kind to publish the following summary of benefits available to senior veterans through the Veterans Administration:

Non-Service Connected Disability Benefits

Veterans who served during a period of war or their surviving spouses may be eligible for additional income from the Department of Veterans Affairs to help pay for their long term care, out-of-pocket costs.  These benefits are called Pension and Survivors Pension.  They are also misnamed the “Aid and Attendance Benefit.”

Pension benefits are subject to income and asset restriction tests which VA scrutinizes closely during application and even years after veterans or their survivors are on claim.  Pension and Survivors Pension represent only about 9% of all individuals who are on claim for all disability income categories.  

Potential incomes up to the following upper limits are possible:

• Disabled veteran with spouse – $2,230 a month;
• Single disabled veteran –  $1,881 a month;
• Single disabled surviving spouse – $1,209 a month;
• Healthy veteran with a disabled spouse – $1,477 a month

 Service-Connected Disability Benefits

Service-connected disability benefits are available to any veteran or surviving spouse with no income or asset restriction tests.  For these benefits, the Department of Veterans Affairs does not care how much money these veterans or their survivors make or what their assets are.  The benefits listed below represent the other 91% of veterans or survivors who are on claim for disability income. 

•  A surviving spouse could be receiving DIC at $1,319.04 a month or $1,599.13 a month based on the particulars of the veteran’s death.  For a surviving spouse receiving DIC and receiving long term care services, VA will pay an additional $326.77 a month – bringing the total to $1,645.81 or $1,925.90 a month.  Some surviving spouses should be receiving a monthly income from DIC but they are not.  The Senior Veterans Service Alliance can help certain surviving spouses with applications for entitlement to DIC.
• A retired veteran on Disability Compensation at 60% or more for one rating or 70% or more combined rating – with at least one of the underlying ratings at 40% – can be paid at 100% for individual unemployability.  Disability Compensation for a veteran at 60% pays $1,113.86 a month.  A veteran receiving Compensation income for individual unemployability and paid at 100% will receive $3,057.13 a month.  A senior veteran who is housebound and being paid at a 100% rating, due to individual unemployability, could apply for an additional income allowance for being housebound – bringing the total income to $3,421.90 a month.
• An older veteran receiving Disability Compensation at a 100% rating receives $3,057.13 a month.  This 100% rated veteran who is receiving long term care services could qualify for additional income allowance for long-term care bringing total income to $3,804.04 a month.

Vietnam Era Veterans, Who with Aging, Have Developed Conditions Such As Diabetes, Heart Disease, Certain Forms of Cancer and Parkinson's Disease

A veteran, who is one of 2.2 million living veterans who served in-country in Vietnam, can get additional income.  By showing evidence of one or more of the conditions above, a Vietnam veteran can receive additional income starting at $140.05 a month and going up to the possibility of $3,057 a month.

Older Single Veterans with Worsening Hearing Loss or Tinnitus

Service-connected hearing loss or tinnitus starts at $140.05 a month and goes up to the possibility of $3,057.13 a month for an older senior veteran who qualifies.  A rating for hearing loss/tinnitus of 10% or more will entitle the veteran to Veterans Health Care which is entirely free except for inexpensive prescription drug costs.  This person can then receive free hearing aids, free hearing aid batteries, free eyeglasses and substantial discounts on prescription drugs.

A Military App for Military Moms and Dads - Babies on the Homefront App is Military Parent Approved

[The following article is penned by Jennifer Novak, Senior Writer and Training Specialist for Military Family Projects and reprinted with permission of USAA] 

Babies on the Homefront is so much more than messaging—it’s designed to strengthen the bond separated service members have with their families. And it works! 

As the wife of a service member, I can tell you that separations are hard. But they were even harder for my children. Every separation and transition caused an enormous amount of pain for our little ones. With a background in early childhood, I know that these moments of stress, worry, and feelings of loss can have a profound impact on children’s development and well-being--including how fast their brain grows! As a mother, I knew it was important to provide my children with a sense of security and to help maintain the connection they felt with their father while he was away.  

My husband’s time as an active duty service member was full days, weeks, and months of separation due to deployment, training, work-ups, changes in work schedules--not to mention all the moving from one duty station to another! Babies on the Homefront is designed to keep up with the many transitions military families go through and to maximize the relationship that can be maintained long distance. Through secure messaging, creative baby games, sharing updates, and finding answers to all your parenting questions, this app has been a great tool for keeping my husband in the know.   

Never Miss a Beat 

“When do you think we will get to talk to Daddy again?” is a question that came up all too frequently in my military family. Depending on the type of separation, the ability to talk to their father could change dramatically. A week-long training out of town might still mean daily video calls, but a work-up at sea? They may not see him or hear his voice the entire time he was gone. It’s important for babies and toddlers to stay connected with the active duty parent as much as possible during deployment. A young child needs to know that his parent remains an important part of the family and that he is held in his parent’s heart and mind. 

Through the app, you can make the parent away part of a daily or weekly routine. Gather around the app to look at shared photos and videos. Even if the parent is unable to call home as planned, record a video message that can be watched later instead. The parent at home can share memories of the deployed parent, including times that the parent spent with the young child. These stories can paint a vivid and loving picture of the deployed parent and the special role that parent played, and continues to play, in the child’s life. 

Capturing Milestone Moments 

The shared media gallery is more than a space to upload photos – it’s an opportunity to build a shared visual story of both photo and video content that can help keep the parent in the mind of the child and the child in the mind of the parent. While sharing moments is easier than ever with email and social media, there are still drawbacks – the military email system is often unreliable and isn’t a baby-friendly way of communicating. Staying connected through social media means forgoing privacy for the sake of staying in touch. This app has a safe and secure way to capture, upload, and share photos with service members away from home. Each photo and video is saved and collected in a timeline so that they can be replayed again and again. 

The Right Answers at the Right Time 

No matter how well I thought we had prepared our children – by being honest about what to expect, by talking to them about what was happening, by telling them about what daddy was doing when he was away – every separation and transition came with challenging behaviors and parenting challenges. I’ve looked for answers in parenting books, websites, apps, forums, and newsletters. Babies on the Homefront gives you access to parenting resources right in the app. The extensive in-app library provides quick resources and age-based tips for parents to learn more about child development, milestones, self-care, and resources for how to prepare for separations and reunifications.   

Play Together, Stay Together 

As your one-stop parenting app, Babies on the Homefront is filled with interactive game ideas and playful activities for babies and toddlers. Play simple touch screen games together designed to help young children learn or watch video clips demonstrating new activities and play ideas. Playing together is one of the best ways to encourage learning, to stimulate growth and development, and to help your child feel safe, loved, and special. There is no shortage of ideas to keep you and your young ones moving and learning at any age.   

This app is the perfect solution for military families to stay connected. The needs of the military will always require family separations, but with Babies on the Homefront, you have the power to make this a little easier on our little ones and to strengthen the relationships parents have with their children and each other. This isn’t just good for children – it also empowers our fighting force through the security of knowing they can maintain their relationships with their children, even when they are away.  

You can learn more about the app, and/or download the app here. 

Veterans to Receive "Combat-Injured Veterans Tax Fairness Act" Letters

In 2016, Congress passed a law known as the Combat-Injured Veterans Tax Fairness Act. The law entitles more than 133,000 injured veterans to tax refunds as far back as 1991. The objective of the law is to ensure that veterans who suffer service-ending combat-related injuries aren’t taxed on the severance payment they receive from Department of Defense (DOD).

The DOD is just beginning to send letters to the eligible veterans with information explaining how to claim the tax refunds. The letters will provide an explanation of a simplified method for claiming the refund, and explain the time limits for making the claims.

The amount of time for claiming the tax refunds is limited.  Veterans who have claims for refunds can amend their tax returns claiming the refund in the normal limitations period for filing amended tax returns, or three years.  Obviously, some of these amended returns are already time barred.  The law gives veterans an alternative time frame, or one year from the date of the letter from DOD. In other words, veterans can make a claim for the refund for one year from the date of their letter from the DOD, or within three years of the original filing deadline for the return, whichever expires later.

There are a couple of ways a veteran can claim the refund.  A veteran can either send in a claim based on the actual amount of the disability severance payment received by filling out Form 1040X, but a veteran must carefully follow the instructions for making the claim.  Alternately, a veteran can opt for a simplified method. The veteran can simply choose to claim a standard refund amount based on the calendar year in which the veteran received the severance payment. The veteran then writes “Disability Severance Payment” on line 15 of Form 1040X and enters on lines 15 and 22 the standard refund amount listed below that applies:

• $1,750 for tax years 1991 – 2005
• $2,400 for tax years 2006 – 2010
• $3,200 for tax years 2011 – 2016

For more information talk with your tax attorney or go here. 

Medical Evidence in VA Claims

Although many factors are considered in the determination of eligibility for Veterans Administration (VA) benefits, one of the most important factors is assembly and production of the medical evidence.  Karen McIntyre, R.N., and a VA Accredited Agent has penned an excellent article regarding the importance of of medical evidence supporting VA claims. She writes:

In both service connected and non-service connected claims, the medical and mental condition of the veteran is crucial in the outcome of the claim. In service connected disability compensation claims, there are two routes to take; i.e. nexus or presumptive.

In nexus claims, the veteran (or survivor) must show a likely connection between the disability (or death) and military service.  In other words, does the disability (or did the death) have a connection in some way to military service and if so, how?  Proof of this rests in the medical evidence.

In presumptive claims, the claimant does not have to prove a nexus between military service and the condition (or death).  In these claims, only proof of the condition (or cause of death) during a statutory time frame and/or place of service must be shown.  These claims are much easier to win than nexus claims.

In both claims, the veteran's condition must be authenticated by a medical professional; ideally, by a private physician since many VA doctors are notorious for their lack of cooperation.  It is true that the VA will want their own doctors to exam the veteran filing a disability compensation claim, but the additional supporting evidence from the private sector can go a long way in winning a claim.

Since there are no official guidelines for doctors, Ms. McIntyre  suggests thati t may be beneficial for the claimant or his/her representative to seek medical assistance from a qualified registered nurse or other medical professional who fully understands not only diseases and conditions, but also the VA's interpretation of its unique and crucial forms.

Nearly 1 Million Veterans Have Pending Applications For Health Care At VA-- A Third May Already Be Dead

The continuing, enduring theme of this blog is that seniors, their families, and caregivers should plan their affairs, plan for for their care, and plan for the use and disposition of assets, consciously refusing to rely upon (or trust) the legal and government systems supposedly protecting them.  If the wisdom of planning privately and eschewing public support is lost upon anyone, s/he should read the Washington Post article, entitled, "Nearly 1 million veterans have pending applications for health care at VA — and a third may already be dead."  The only way one can read the first three paragraphs without wanting to scream, weep, or both, is to believe the government "get's it," and/or will soon "fix it."  Really?

The excellent article reads as follows (emphasis added):

"Despite promises for widespread reform, nearly 900,000 military veterans have pending applications to access health care from the Department of Veterans Affairs, the department’s inspector general said Wednesday in a scathing report which recommended a total overhaul of their record-keeping system that could take years.

One-third of those veterans are thought to be dead, but problems with the data makes it tough to know how many former troops were still struggling to get care, the report says. VA has said it has no way to purge the list of dead applicants.

Over half the applications listed as “pending,” as of last year do not even say when the applications were dated, and the Associated Press reported on Wednesday that investigators “could not reliably determine how many records were associated with actual applications for enrollment” in VA health care, the report said.

“Data limitations” [note: a  term selected because it suggests that programming engineers can't program a simple database, ignoring that no computer system could report information unavailable to the agency since the agency consciously refused to properly compile that information in order to protect performance incentives, and salaries, and political progress; in other words a term synonymous with "institutional corruption] prevent investigators from determining how many now-deceased veterans applied for health-care benefits or when.

Linda Halliday, the VA’s acting inspector general, told the AP that the agency’s Health Eligibility Center “has not effectively managed its business processes to ensure the consistent creation and maintenance of essential data.” [note: that's like an drunken alcoholic who intentionally climbs behind the wheel and drives through a school yard full of children claiming he did not "effectively manage" the automobile to ensure avoidance of the school zone].

The report also says VA workers incorrectly marked thousands of unprocessed health-care applications as completed. They may have deleted 10,000 or more electronic “transactions” over the past five years.

Whistleblowers have been warning that more than 200,000 veterans with pending applications for VA health care were likely deceased. The inspector general’s report substantiated those claims.

To read the entire article, go here.

To read a Summary of the Inspector General's Report, go here.

To read the Inspector General's Report, go here.

NAELA Says the VA Could Be Sued If Proposed Transfer Regs Are Enacted

In its response to the Department of Veterans Affairs’ proposed regulations that would establish a look-back period and asset transfer penalties for pension claimants, the National Academy of Elder Law Attorneys’ (NAELA) raises the prospect that the VA could be sued if the rules take effect.  

As previously reported, proposed Section § 3.276 would establish a 36-month look-back period and a penalty period of up to 10 years for those who dispose of assets to qualify for a VA pension. Currently, there is no prohibition on transferring assets prior to applying for needs-based benefits, such as Aid and Attendance. 

“[W]e express the serious concern that the proposed rule’s 3-year look-back period and transfer of assets penalty exceed statutory authority, opening up VA to future litigation and causing additional uncertainty for Veterans and their families,” write Bradley J. Frigon, NAELA’s president, and Victoria Collier, Chair of NAELA’s VA Task Force, in March 17, 2015, comments on the proposed rules.

Frigon and Collier argue that the proposed rules do not meet the standard of either an explicit or implicit delegation by congressional statute that the U.S. Supreme Court set forth in Chevron USA, Inc. v. NRDC, Inc., 467 U.S. 837 (1984).  They point out that Congress had the opportunity from 2012 to 2014 to create Medicaid-like transfer rules but that each proposal died in session.

NAELA’s comments also maintain that the proposed transfer penalties exception is too narrow.  “Veterans and their surviving spouses will be unjustly penalized for prior transfers that had absolutely nothing to do with VA pension eligibility," Frigon and Collier write. “Gifts to children at holidays and birthdays will be penalized. Donations to places of worship will be penalized. Contributions to charities will be penalized. All because there is a presumption that the transfer was made for the purpose of qualifying for VA pension. . . . The final rule should require that transfers only made for the sole purpose of qualifying for VA pension be penalized.”

The 27-page comments highlight a number of other flaws in the proposed regulation, including that it should allow for partial cures, that the time allowed to cure transfers should be expanded, that the rule disproportionately harms surviving spouses of veterans, and that the proposed net worth limits are harsher than Medicaid’s limits.

Alimony Obligation May Require Involuntary VA Admission

Victor Rizzolo and Barbara Jones divorced when Mr. Rizzolo was 84 years old. The court ordered Mr. Rizzolo to pay Ms. Jones alimony. Five years later, Mr. Rizzolo's health began to fail, so he moved in with son, who hired a caregiver for him.

Mr. Rizzolo asked the court to end the alimony payments, arguing that his income -- which was limited to VA disability payments and Social Security -- was needed to pay the caregiver. The trial court ruled against Mr. Rizzolo, finding that he had not done all that he could to meet his alimony obligations; if he entered a VA facility, the court found that he would be able to receive care and pay the alimony.  Because the court did not end the alimony obligation, Mr. Rizzolo appealed.  Perhaps he wishes he had not appealed, because, although the appeals court ruled in his favor, the court remanded the case describing an ominous potential outcome- his involuntary institutionalization in order to preserve his income for payment of alimony. 

The New Jersery Superior Court, Appellate Division, reversed, holding that the trial court did not hear evidence about whether entering a VA facility was really appropriate. According to the court, "although the [trial] court may on remand conclude that it is equitable to require [Mr. Rizzolo] to enter a VA facility against his wishes in order to use his limited income to continue to pay alimony, allowing [Ms. Jones] to preserve her assets until [Mr. Rizzolo's] death makes alimony no longer available, it may only do so upon consideration of competent evidence and a qualitative analysis of both parties' circumstances."

The court ruled that the trial court must first consider all the evidence before it can order an 89-year-old veteran in failing health to enter a Veteran's Administration (VA) facility against his will in order to ensure he had enough assets to pay alimony. Sometimes one can only exclaim, "wow!"  See, Rizzolo v. Jones (N.J. Super. Ct., App. Div., No. A-1800-13T2, March 2, 2015).  

Hopefully, his son will seek to introduce evidence regarding the relative quality of care available at home versus that available in an institution, and the court will consider carefully his quality of life concerns vis-a-vis his financial obligations. See, for example my articles, "One-Third of Nursing Home Residents Harmed In Treatment," Hapatitis Infection Risk in Nursing Homes Up 50%; Infection Risk Across the Board Increases, and "Most Terminal Dementia Patients in Nursing Homes Given Pointless and Potentially Dangerous Drugs"

For the full text of this decision, go to:
http://njlaw.rutgers.edu/collections/courts/appellate/a1800-13.opn.html

Proposed VA Regs Would Create Transfer Penalties for Pension Applicants

The Department of Veterans Affairs (VA) is proposing regulations that would establish an asset limit, a look-back period and asset transfer penalties for claimants applying for VA needs-based benefits.  Currently, there is no prohibition on transferring assets prior to applying for needs-based benefits, such as Aid and Attendance. 

In its explanation of the new regulations in the January 23, 2015 Federal Register, the VA says the changes are a response to a 2012 Government Accountability Office (GAO) report, which it states recommended changes to “to maintain the integrity of VA’s needs-based benefit programs.” The VA also offers as a reason for the new rules to “reduce opportunities for attorneys and financial advisors to take advantage of pension claimants.”

The proposed rules would establish a 36-month look-back period and a penalty period of up to 10 years for those who dispose of assets to qualify for a VA pension. The penalty period would be calculated based on the total assets transferred during the look-back period to the extent they would have exceeded a new net worth limit that the rules also establish.  The proposed net worth limit would be equal to Medicaid’s maximum community spouse resource allowance (CSRA) prevailing at the time the final rule is published and would be indexed for inflation as the CSRA is.

The amount of a claimant’s net worth would be determined by adding the claimant’s annual income to his or her assets. The VA would not consider a claimant’s primary residence, including a residential lot area not to exceed two acres, as an asset.  But if the residence is sold, proceeds from the sale would be assets unless used to purchase another residence within the calendar year of the sale. Any penalty period would begin the first day of the month that follows the last asset transfer, and the divisor would be the applicable maximum annual pension rate in effect as of the date of the pension claim.

The proposed rule also defines and clarifies what the VA considers to be a deductible medical expense for all of its needs-based benefits, and proposes statutory changes pertaining to pension beneficiaries who receive Medicaid-covered nursing home care.

The proposed rules appear to be an effort to circumvent Congress, where legislation similar to that proposed in the new regulations has been languishing for the past two years.

The proposed rules are also quite harsh when compared to the five year look-back used for Medicaid.  Although there is no explanation for the need for a longer look-back period, the fact that there is no resource recovery available to the VA may explain the longer period.  Of course, it is also possible that the government is signalling a willingness to use more strenuous measures in determining eligibility for government benefits generally, which may later translate to a similarly longer look-back for Medicaid purposes.  

Of course, more stringent regulation of eligibility may also serve the interest in the federal government seeing states enforce, and if necessary, adopt filial responsibility laws.  For more information, see my previous articles here, here, here, and here.

To read the proposed rules in 80 Federal Register 3840-3864 (23 Jan 2015), click here.  Comments must be received on or before March 24, 2015.

Veterans and Their Families Missing Benefit Opportunities

According to the most recent VA demographic report, there is an estimated U.S. veterans population of over 21 million, with approximately 2 million being WWII veterans. Of the total population, approximately 322,000 of these veterans are receiving VA non-service connected pension benefits. The number of surviving spouses receiving pension benefits is roughly 318,000. These statistics begged Karen McIntyre, President Veterans Information Services, Inc., to ask, "Why so Few?"

She recently wrote in the Veterans Information Services, Inc., newsletter, Veterans Family Matters that:

Non-service connected pension benefits are a needs based VA benefit for war time veterans and their surviving dependents. These benefits have absolutely nothing to do with an injury, condition, or death related to military service. Even though these benefits are needs based, the veteran or dependent does not have to be poor to receive them, because medical expenses such as Medicare and insurance premiums, prescriptions, full costs of assisted living, doctor and hospital co-pays, etc. are used to offset income and assets. 

Although some veterans and surviving spouses are obviously not eligible due to their financial situation or non-wartime service there is a huge number who are eligible, but do not know it. Unfortunately, the ability for our veterans and their families to get financial assistance for medical care has been a well kept secret that is just now being "let out of the bag". 

A single veteran, who served 90 days active duty with even one day during a qualified war time, may be eligible for up to $1,758.00 per month to help pay for home care, assisted living, nursing home care, and other medical necessities. A married veteran may be eligible for up to $2,085.00 per month, a surviving spouse for up to $1,130.00 per month, and a veteran married to a veteran for up to $2,790.00 per month. None of this money affects Social Security or other sources of income and ALL is tax free to the claimant.

Sadly, many vets and their families are unaware of these benefits.

Others incorrectly assume that they are ineligible, or relying upon shoddy assessments and/or poor advice, believe that there is nothing that they can do to become eligible for these benefits.  Others confuse the standards for eligibility with those for Medicaid. Eligibility planning for veterans benefits is very different than planning for Medicaid eligibility, and there are, as a result, a wider array of opportunities to qualify for these benefits.

If you know a veteran, pass this information along.  At a minimum, we owe those who served, and the families that sacrificed for and with them, an obligation to ensure that they receive what is promised to them.