Veterans Pension Planning

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VA Aid and Attendance

Our VA accredited attorneys assist families in obtaining VA benefits to help cover the cost of unreimbursed medical expenses.

The U.S. Department of Veterans Affairs (the VA) offers a largely unknown benefit called Aid and Attendance (A&A). A&A is designed to help pay the cost of unreimbursed medical expenses for veterans, and their spouses, including: care in the home, in an assisted living facility, or in a nursing home. A&A is not dependent upon service-related injuries.

The basic criteria for qualifying are:

  • The veteran must have served at least 1 day during a qualified war period.
  • The veteran must have completed at least 90 days of active duty service.
  • The veteran must have received a better than dishonorable discharge.
  • The claimant must be over the age of 65 or permanently or totally disabled.
  • The claimant is either the veteran or the surviving spouse of a veteran who has not remarried.
  • A claimant or spouse needs assistance with daily living requirements.
  • Claimant’s monthly medical expenses equal or exceed their monthly income.

VA Aid and Attendance Planning

Our accredited attorneys try to make all eligible households aware of the benefit and the planning opportunities available to veterans and their families.

We routinely advise clients on the techniques available to achieve A&A eligibility. These techniques typically involve the use of an irrevocable grantor trust that provides asset protection to trust beneficiaries and desirable income and capital gains tax treatment.