Contact Us Online

Social Media Karp Law Blog Twitter Facebook

Rule change for V.A. Pension, Pension with Aid & Attendance

12-16-2012 - The V.A. has tightened restrictions on the room and board a veteran may deduct from income when applying for Pension, and Pension with Aid & Attendance benefits. These are benefits available to disabled veteras 65 and older who have served during certain wartime periods, and who fall below certain income and asset levels. 

For applications pending or submitted on or after Oct. 26, 2012, room and board at a residential facility may be deducted as an unreimbursed medical expense only if the facility provides the applicant with custodial care (defined as assistance with two or more activities of daily living). The presence of pull cords and 24-hour staffing is insufficient to qualify a facility as a provider of custodial care. The new rule will propel many veterans over the income cap, disqualifying them from receiving benefits.

Click here for the current eligibility requirements for V.A. Aid and Attendance benefits. 

If you are in need of Pension or Pension with Aid and Attendance benefits, or likely to need it, apply without delay. Ongoing federal belt-tightening will make benefits more difficult to secure in the future. In fact, as we reported in a previous legal update, the V.A. and Congress are considering adopting a lookback rule, similar to what Medicaid has, that will examine and penalize applicants for uncompensated transfers that have occurred within a certain time period prior to the application date. We will post any new developments on this website as we learn them.


Back to Elder Law Legal Updates