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Can my Mom get VA benefits?

Can my Mom get VA benefits if she makes $1900 a month.? My Dad was a VA Vet during WWII. He is currently deceased. My Mom gets about $1900 a month. Will she qualify for the Aid and attendance supplimental income program? She is currently living independently in her own apartment. Does not drive, is loosing her sight and has other disabilities that effect mobility. She does not drive. Otherwise she does well at this time, but the sight loss is a big concern. She lives in San Diego, CA and rents are increasing. If her rent goes up she may not be able to afford her apratment. I am thinking ahead to see if she is eligible for assistance. Would like to keep her in current placement as long as possible because she is in the same building where I live, right across the hall from me. This is an ideal situation for both of us. Is there a connection through the VA with SEC 8 Housing, incase her rent goes up. We would both like her to stay put as long as possible.
Thanks for your suggestions.
Status: Open    Nov 09, 2015 - 09:25 AM

VA Benefits

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Nov 11, 2015 - 08:17 AM

Becuase your mother does not have care needs and has monthly income of $1,900, she will not qualify for Basic Pension with A&A at this time. When she has care needs, the amount she pays the person or facility can be deducte from her income and could result in her receiving the benefit. I do not know of a connection through the VA with Sec 8 housing for someone in your mother's situation.

Nov 11, 2015 - 08:29 AM

I am an elder law attorney practicing in PA and NJ and I handle planning and applying for VA Aid and Attendance on a daily basis. In my opinion, I don’t believe your mom would qualify for Aid and Attendance at this time. Eligibility for VA Aid and Attendance requires four criteria: First, your mother must be Veteran or spouse of a Veteran at least 65 year or older. The Veteran needs to have served at least 90 days with 1 day occurring during wartime. The Veteran does not have to have served in an actual battle. The Veteran must not have dishonorably discharged. Second, in regards to your mother’s income, her unreimbursed medical expenses meet or exceed her gross income in order to get full benefit otherwise reduced benefits are available. Qualifying expenses include home health aides, assisted living, doctor’s copays, health insurance. Third, your mom must be disabled. This generally means that she needs assistance with at least 2 activities of daily living: toileting, bathing, dressing, mobility, physically eating (not just cooking).There is no need for the disability to be service related. Finally, there is an asset limitation. The VA has not publish official minimum and maximum asset requirements however my firm has found that a married couple can have approximately $70k, and single applicant $30k in their name and qualified. Based on this criterion, it does not appear that your mother meets the second (income) and third (disability) eligibility requirements for Aid and Attendance, however this situation may change in time and in the future your mom may qualify as she needs care. Having said this, there may be other VA benefits or programs available to her, however my experience and this response, is limited to only the Aid and Attendance program.

Andrea Di Dio, Attorney at Law

Goldberg Law Group, LLC.


Comments (1) | New Comment

By laney57 on Jun 09, 2016 - 06:54 PM | Like (0)  |  Report

my father was a wvw11 vet and served two years.

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Nov 11, 2015 - 09:28 AM

I too am an accredited attorney with the VA. You are apparently her caregiver and as such, you may enter into a written caregiver agreement with her and provide her with the care she needs to meet all "activities of daily living". These should be the unreimbursed medical expenses she will need in order to offset her monthly income. Consult with a local Veteran's Service Office about this plan. You will also need a 21-2680 form signed by her MD that states she needs assistance, but my guess is that blindness is sufficient to qualify for assistance. Good luck!

Nov 11, 2015 - 01:19 PM

Bill Nolan is correct in is his accessment. Far too often, advisors fail to mention the use of Personal Care Contracts and other qualifying techniques that can be used to obtain VA Aid & Attendance.

I find that so often VSO employees and even VA Accredited attorneys are often unfamiliar with the criteria that the VA uses to approve pension. Seek a VA Accredited Attorney or Claims Agent who has filed hundreds of claims successfully. Ask for references, the percentage of his applications that have been approved and how many claims he has processed.

And lastly, no one can charge to assist in the filing of an application. However, it would be entirely reasonable to expect to pay an accredited claims agent to assist you in pre-arranging your mother's financial affairs and coach you in how to set up and validate payment for your mother's services prior t applying.

Nov 12, 2015 - 06:24 AM

I'm seeing that the problem is your mother's largest expense is her rent and unfortunately the expenses regarding the VA Pension must be medical in nature. She may very well meet the criterion for the Pension however, will not have enough qualifying medical expenses to financially benefit from the Pension.

Nov 12, 2015 - 03:36 PM

You received good answers from Bill Nolan and Horace Bone. From reading your information I gather your mother is over 65, that your father served in war time, served more than 90 days, was not dishonorably discharged and your mother would qualify as disabled. You mentioned your mother has vision and other disabilities. She likely has medical bills associated with those problems. She cannot drive so she needs some assistance. If you provide that instead of her hiring others she may be reimbursed for paying you just like she would pay a service. Income for VA Purposes is her income after deducting her medical expenses. Her income is $1,900. If you can document she is paying $1901 per month in medical bills, including your services if a doctor says she needs them, she would receive the maximum benefit. If the bills are less than $1901 she would receive some money per month. Please see a VA attorney in your area for a full analysis of the situation. Gather her financial records, doctor and medicine receipts prior to going to the attorney. Thank your mother for her and your father's sacrifices while he was at WWII.

Nov 16, 2015 - 01:58 PM

Your mother may be eligible for VA Aid & Attendance if she has low resources and high cost of care. It is possible for her to stay in her current residence and receive this benefit, if she meets all other eligibility criteria. I encourage you to find assistance through a VA Accredited Attorney or a Veterans Service Organization Representative. You can search for one in your area here:

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