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Veterans Affairs

VA Mission Act of 2018: A Summary

By Veterans Affairs

The VA Mission Act (formally titled, “the VA Maintaining Systems and Strengthening Integrated Outside Networks Act”) was signed into law on June 6th, 2018, and it bears important consequences for veterans and military families throughout the country.

Below are some key provisions included in the new law:

-The Veterans Care Community Program is established. This requires the VA to furnish care through other institutions in a veteran’s community when the local VA cannot itself provide the care which that veteran requires.

-New access standards are instituted for regulating veteran care. These standards address veteran satisfaction, the timeliness of the care provided, the effectiveness of the care provided, and more.

-A new strategy is presented to guide the Department of Veterans Affairs’ High-Performing Integrated Health Care Network. The VA will be required to conduct market area assessments at least once every four years to determine the capacity and efficacy of local VA health care services.

-An educational health care program requirement is established. The VA is tasked with creating and maintaining a program to teach veterans about their health care options and the services provided by the VA.

-The VA Asset and Infrastructure Review (AIR) Commission is founded.

The full text of the law (Senate Bill S.2372) can be found at: https://www.congress.gov/bill/115th-congress/senate-bill/2372/text.

 

June 3, 2019
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Long-Term Care Benefits for Veterans

By Long-Term Care, Veterans Affairs

There are more than 12.4 million veterans over 65 who have served our country in a multitude of ways. Elderly Veterans may be eligible for a variety of benefits that are available, including: disability, pension, compensation, health care, education, home loans, insurance, employment, burial and vocational rehabilitation.

There are two programs geared specifically towards elderly veterans that provide them with additional money if they are eligible for receiving a pension benefit. The first, Aid and Attendance, will be given to veterans who are either bedridden, residing in a nursing home, have significantly impaired vision or require help performing daily functions. The second program, Housebound, gives veterans an augmented pension if they are confined to their immediate premises due to a disability that is permanently inflicted upon them.

Healthcare benefits are often provided to elderly veterans as well. Elderly veterans with a myriad of healthcare needs can receive geriatric care either in their residence, at VA medical centers, in long-term care programs or in the community.

To learn more about these benefits and to determine your eligibility or that of a loved one, visit the Veterans Affairs website and peruse the “benefits” section. To apply, you can go online and complete the process through eBenefits, work with a representative or go to a VA regional office and have an employee assist you. Babette Bach, esq. is a Board Certified Elder Lawyer and can advise you about public benefits available to seniors, including veterans benefits.

 

May 4, 2018
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What are the different levels of VA benefits?

By Government Benefits, Veterans Affairs

There are three different levels of VA pensions. Basic Pension/Improved Income applies to healthy veterans with lower incomes who are over the age of 65. Aid and Attendance is a program for veterans also over the age of 65 who require assistance with their daily living activities. Lastly, the housebound pension covers veterans with a disability rating of 100% that does not have to be related to their service in the military. To qualify, the disability must prevent them from leaving their home.

March 21, 2017
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Aid and Attendance Pension vs. Medicaid Compensation

By Government Benefits, Medicaid Planning, Veterans Affairs

It is imperative that veterans  take time to choose which government program best suits their needs. According to Paying for Senior Care, these are the 2016 costs for both programs.

Program Medicaid VA Aid and Attendance
Other names Medi-Cal, Mass Health Homebound, Basic Improved Pension
Regulation State Level Federal Level
2016 Income Limits $2,199/month (for individual) $1,788/month (for individual)
Application Approval Time 2-3 month 6-12 months
Best Suited For Nursing Home Care Home Care or Assisted Living

 

March 17, 2017
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What are the non-financial requirements to qualify for VA benefits?

By Government Benefits, Veterans Affairs

To qualify for VA benefits, there are many financial and non-financial requirements for veterans and veterans’ spouses to meet. Listed below are some of the non-financial requirements:

  • Veterans or their spouses applying must be at least 65 years old or designated as disabled if younger.
  • Veterans must be “wartime veterans” which means that they served in the military for at least 90 days during the dates below. Also, the service is not limited to combat service.

According to Paying for Senior Care, the dates are:

  • World War II: Dec 7, 1941 – Dec 31, 1946
  • Korean War: Jun 27, 1950 – Jan 31, 1955
  • Vietnam War: Aug 5, 1964 – May 7, 1975 (or Feb 28, 1961 – May 7, 1975 for Veterans who served in Vietnam)
  • Gulf War: Aug 2, 1990 – Undetermined

 

  • Veterans cannot have been dishonorably discharged
  • A higher benefit is granted to veterans who are disabled
  • For spouses, the surviving spouse must have lived with the veteran at the time of his or her death and must be single at the time of the application.

If you need legal advice for VA benefits, please contact our office at (941) 906-1231 for an initial consultation.

March 14, 2017
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What are some conflicts that arise from receiving VA benefits?

By Government Benefits, Veterans Affairs

Qualifying for VA benefits can be a complicated and extensive process due to certain requirements and conflicts with other government programs. Listed below are some rules and guidelines for veterans to follow to receive their benefits:

  • Because veterans cannot receive both VA Disability compensation and the VA Aid and Attendance Pension, they will receive the higher of the two programs
  • Veterans are able to receive both Aid and Attendance and Veterans Directed Home and Community Based Services
  • A surviving spouse of a veteran cannot receive both Dependent Indemnity Compensation (DIC) and a death pension on that veteran. However, the surviving spouse can opt for DIC and qualify for additional assistance of $300 a month.
March 10, 2017
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Does the VA pay for assisted living?

By Government Benefits, Long-Term Care, Veterans Affairs

The U.S. Department of Veterans Affairs does pay the rent of assisted living facilities for veterans that need certain eligibility requirements. However, it may pay for extra services that are essential in assisted living facilities.

Most veterans are expected to pay for assisted living facilities independently or through their long term care insurance companies. As a result, it is common for veterans to pay for assisted living using Aid and Attendance. Aid and Attendance is a pension for veterans over the age of 65 who need assistance with their daily living activities. This pension can be utilized for whatever purpose the veteran designates (i.e. assisted living rent, board, other services, etc.). Aid and Assistance can grant up to $2,120 a month in assistance for veterans.

If you need legal advice for VA benefits, Medicare, Medicaid planning, estate planning, probate or trust administration, please contact our office at (941) 906-1231 for an initial consultation.

March 7, 2017
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How do I obtain a veteran’s identification card?

By Veterans Affairs

As of July 20, 2015, the federal Veterans Identification Card Act allows veterans to apply for a Department of Veterans Affairs identification card. This card differs from a Veteran Health Identification card or a retiree ID card in that it demonstrates proof of service for discounts at private businesses.

Although the VA is still in the process of implementing the law and creating the program, which should occur by 2017, there are still ways to obtain an identification card:

  • You can print a free veterans ID card through the VA/DoD portal eBenefits. To get a free eBenefits veteran account, go to https://www.ebenefits.va.gov/ebenefits/homepage.
  • In 49 states, with the exception being the state of Washington, your driver’s license or state ID card can demonstrate a veteran designation. This designation grants veterans many benefits. To learn more, you can contact your state’s department of motor vehicles or department of veterans affairs at http://www.va.gov/statedva.htm.
  • Veterans who are enrolled in VA health care can acquire a free Veterans Health Identification Card. Go to http://www.va.gov/HEALTHBENEFITS/vhic/index.asp to learn more.
February 21, 2017
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Who is entitled to a Veteran’s Educational and Training Benefits?

By Government Benefits, Veterans Affairs

The Survivors’ and Dependents’ Educational Assistance (DEA) program provides that certain dependents of Veterans completely disabled or killed in active duty are eligible to receive educational opportunities.  Eligible dependents include sons, daughters, or spouses of a Veteran who experienced total disability in active service in the armed forces, who died with this disability, who is missing in action or captured by a hostile force, or who was forcibly detained by a foreign government.  A complete list of eligibility can be found here:  Click This Link
Qualified dependents are eligible to receive up to 81 months of education including degree and certificate programs, apprenticeships, or on-the-job trainings.

To apply for these benefits, fill out VA Form 22-5490, available at the following link: Click This Link

Those eligible but already enrolled in schooling must give the above application to their school and ask the school to complete VA Form 22-1999, available at the following link: Click This Link

September 15, 2015
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Babette Bach Esq. will be a keynote speaker for the Healthsouth Rehabilitation Hospital of Sarasota at the 2014 Stroke Conference “Taking The Lead” in honor of National Stroke Awareness Month

By Firm News, Health, Medicaid Planning, Veterans Affairs

Babette Bach Esq. will be a keynote speaker for the Healthsouth Rehabilitation Hospital of Sarasota at the 2014 Stroke Conference “Taking The Lead” in honor of National Stroke Awareness Month.

Ms. Bach’s presentation on “The New Medicaid and VA Benefits 2014” will take place from 12:45 – 1:45pm.

LOCATION: Healthsouth Rehabilitation Hospital of Sarasota, 6400 Edgelake Drive, Sarasota, FL. 34240.
DATE: Saturday, May 3rd, 2014.
TIME: 7:30am to 4:00pm.

To register for this conference, please call: 941-921-8795 or go online: www.healthsouthsarasota.com. Deadline for registration is April 26th, 2014.

April 4, 2014
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