Missouri VA & Long-Term Care Lawyer
Your long term care matters.
There are numerous benefits available to veterans and their survivors through the Veterans Administration. In relation to long-term care, the VA pension program provides monthly benefit payments to certain wartime Veterans with financial need, and their survivors.
These benefits are denoted as “improved disability pension” and consists of three categories, i.e. for low income, for housebound, and for those needing regular aid and attendance (the former being the most commonly known and often referred to simply as “Aid & Attendance.” )
The first threshold to be met is whether or not the veteran qualifies:
- Veteran was active duty for at least 90 days
- At least one of those days was during a “wartime period,” regardless of whether or not they saw battle
- Veteran left the military with other than dishonorable discharge
- If that criteria is met, the VA then considers the veteran’s income, assets, and actual care needs to determine the amount of benefit available.
Aid & Attendance
What is Aid & Attendance?
The maximum Aid & Attendance available to a married veteran is $2,230 per month in 2019.
Other than private pay, the most common benefits available for long-term care are long-term care insurance, Medicaid, and Veterans benefits. Other forms of assistance may be available from organizations of which a person is a member. Such organizational benefits are sporadic and may require persistence to get to the right person who knows of the benefit.
How It Works
The first appointment with a Missouri VA & Long-Term Care Lawyer can be scheduled quickly, if the situation requires such. This is usually within 2 to 3 days, if needed. At that appointment, you will talk with an attorney who collects information and discusses your goals. The attorney will provide options based on qualifying factors.
Soon after the first appointment, depending on the urgency of the situation, the attorney (and usually the benefits paralegal) will meet with you to collect needed statements, etc., and sign necessary documents. This will likely include signing and filing a VA Intent to File Claim to help set the benefit date as early as possible.
We try to apply for benefits as soon as possible, but an applicant does have up to one year to file all necessary documents after the Intent to File Claim is submitted. Benefits will be considered back to the date of the Intent. This third stage allows the client to collect the necessary information in a more relaxed time-frame. Oftentimes the VA asks for additional information during this stage of the process.
After VA benefits are approved, the matter may be concluded. However, the VA may determine a “fiduciary” should be appointed for the veteran or the surviving spouse. This decision is usually based on information received during the application process and requires a field interview. It is not a difficult process and clients seldom need assistance during this final stage.
- How much does this cost?
- Do we have to pay for the nursing home while waiting for Veterans benefits?
- What is needed for the first appointment?
About Paths Elder Law Based in Kansas City
Our legal experts have more than 25 years experience as Missouri VA Lawyers focusing solely on issues common to seniors and their families. This commonly includes planning for the inevitable with Wills and Trusts or planning for the unforeseen with Powers of Attorney, Guardianships, and Medicaid or VA benefits.
Our caring staff listens to your situation and concerns, then calmly and expeditiously explain your options with a timeline for completion. Our goal is to provide each client with security in legally planning for the inevitable and unforeseen regarding their passing and long-term care needs.
Rusty was great to explain and work with us. We appreciated his honesty and he's a Christian! Rusty has gone "above and beyond" to help us on a problem. May I tell you how grateful we are to him for his advice and concern - a blessing!
— Lvonne G.
Paths for Elder Care "saved my bacon", both economically and emotionally. If you've ever had to deal with the VA, you will understand. Rusty and Shane helped my stepdad obtain Aid & Attendance that I doubt I could have done on my own. They went above and beyond, were very patient with a legal illiterate, and were well worth the fee. Thanks!
— David P.
Get in Touch
Reach out to Paths Elder Law today and you'll be one step closer to the peace of mind you're searching for.
We offer an initial consultation (one hour and fifteen minutes) for $250.00.