New rules go into effect October 18, 2018.
Aid and Attendance – Pension funds available to qualified veterans and their surviving spouses whose unreimbursed medical expenses are greater than their income.
Available to Veterans and to surviving spouses of Veterans, who served for at least one day during a period of war as defined below. The veteran must also have been honorably discharged and served for at least 90 consecutive days.
- WWII: 1/7/1941 to 12/31/1946 (must have been married before 1/1/1957*)
- Korean Conflict: 6/27/50 to 1/31/1955 (must have been married before 2/1/1965*)
- Vietnam Era: 8/5/1964 to 8/2/1975 (must have been married before 1/1/2001*)
*for one year or more or for any period of time if a child was borne of the marriage or was borne to them before the marriage
Net Worth Test:
The net worth limit is $123,600. There will be cost-of-living inflation adjustments when the Social Security Administration makes cost-of-living increases.
“Net worth” means the sum of the claimant’s assets and annual gross income, minus deductible medical expenses.
Example: If a claimant’s assets total $117,000 and has annual income of $9,000, this totals $126,000 and exceeds the net worth limit.
“Assets” means the fair market value of all property that an individual owns, less mortgage amounts or other encumbrances.
Exclusions from Assets:
- Primary residence (single-family unit), including the residential lot area the residence sits on (up to 2 acres);
- Personal Effects (household effects, appliances and 1 motor vehicle for transportation);
- Radiation Exposure Compensation Act payments;
- Ricky Ray Hemophilia Relief Fund payments;
- Energy Employees Occupational Illness Compensation Program payments; and
- Statutory exclusions
“Deductible Medical Expenses” – The claimant may deduct independent living expenses as a deductible medical expense as long as a physician, physician assistant, certified nurse practitioner, or clinical nurse specialist verifies that the person requires assistance with at least 2 activities of daily living (ADLs) OR supervision due to cognitive or physical limitations.
Previously, the applicant could transfer assets and apply for benefits in the next month with no look-back.
Beginning October 18, 2018, there will be a three (3) year look-back on assets transferred for less than fair market value.
Transfers made prior to October 18, 2018 will not be subject to the look-back.
Penalty for Asset Transfers:
Transfers made during the look-back period will create a period of ineligibility, not to exceed five (5) years.
The penalty period begins on the 1st day of the month following the date of transfer.
VA will calculate the penalty period by dividing the value of the transferred asset by $2,169.00 (the monthly Maximum Annual Pension Rate for a veteran with one dependent)
Example: $100,000 transferred asset ÷ $2,169 = 46-month penalty
For More Information, Contact Any of These Offices Directly …
Veterans One-Stop Center of Western New York, Inc.
1280 Main Street
Buffalo, New York 14209
Disabled Vets of America
VA Regional Office
130 S. Elmwood Avenue, Ste 620
Buffalo, NY 14202
American Legion Department Service Office
130 S. Elmwood Ave. Suite 614
Buffalo, New York 14202
Erie County Veterans Service Agency
Patrick W. Welch, Director
1659 Rath Office Building
95 Franklin Street
Buffalo, New York 14202-3919
Telephone: (716) 858-6363/6349 Fax: (718) 858-6191
Niagara County Veterans Service Agency
111 Main Street, Suite 200
Lockport, New York 14094-3718
Telephone: (716) 438-4090 Fax: (716) 438-4017
VA Skilled Nursing Facilities in New York
- New York New York State Veterans Home 220 Richmond Ave. Batavia, NY 14020 (716) 345-2000
- New York New York State Veterans Home 4211 State Highway 220 Oxford, NY 13830-4305 (607) 843-3100
- New York Long Island State Veterans Home 100 Patriots Road Stony Brook, NY 11790-3300 (631) 444-Vets
- New York New York State Veterans Home 178-50 Linden Blvd Jamaica, NY 11437 (718) 481-6268
- New York New York State Veterans Home 198 Albany Post Road Montrose, NY 10548 (914) 788-6000