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Rule change for V.A. Pensions and Pensions with Aid & Attendance


The Veterans Administration has tightened restrictions on the room and board a veteran may deduct from income when applying for V.A. pensions and pensions with Veterans Aid & Attendance benefits.  

For applications pending or submitted on or after October 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 (assistance with two or more activities of daily living). The presence of 24-hour staffing and pull cords 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.

Ongoing changes and federal belt-tightening will make benefits more difficult to secure in the future.  Evan H. Farr is an Accredited Attorney with the U.S. Dept. of Veterans Affairs who understands the Veterans Aid and Attendance Benefit and the Medicaid program and the interaction between both benefit programs. Mr. Farr works with client’s to obtain the financial assistance to which they are entitled and enables veterans and their spouses afford the care that they need.

If you are a Veteran or spouse of a Veteran and you need assistance, be sure to make an appointment for a consultation at the Fairfax and Fredericksburg Elder Law Firms of Evan H. Farr, P.C..  We can work with you to evaluate if you qualify for Medicaid and/or The Veterans Aid and Attendance Benefit and for help you file the paperwork. 

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About Evan H Farr, CELA, CAP

Evan H. Farr is a 4-time Best-Selling author in the field of Elder Law and Estate Planning. In addition to being one of approximately 500 Certified Elder Law Attorneys in the Country, Evan is one of approximately 100 members of the Council of Advanced Practitioners of the National Academy of Elder Law Attorneys and is a Charter Member of the Academy of Special Needs Planners.

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