Understanding VA Aid and Attendance Benefit

This article discusses veterans benefits and how to understand pensions given by the Department of Veteran Affairs. If your loved one qualifies, this is an excellent source of additional income. Remember, you do not have to actually spend your money down to the maximum allowable amount because the VA does not penalize transferring excess assets to a veteran’s trust. Contact an elder law attorney and they can explain how to obtain the benefit. Now, let’s take a little closer look at the Aid and Attendance (A&A) benefit.

In our last couple of articles, we looked at the topics of Veterans benefits and how to understand pensions given by the Department of Veteran Affairs. Now, let’s take a little closer look at the Aid and Attendance (A&A) benefit.

What is Aid and Attendance (A&A)?

Aid and Attendance is an increased monthly pension amount that is paid to a Veteran or surviving spouse. You could potentially be eligible to receive the increased Aid and Attendance amount if:

  • You are eligible to receive basic pension benefits, AND
  • You require the aid of another person in order to perform activities of daily living, like bathing, feeding, dressing, toileting, adjusting prosthetic devices, or protecting yourself from the hazards of your day to day environment, OR
  • You are bedridden, in that your disability or disabilities require that you remain in bed apart from any course of convalescence or treatment you have been prescribed, OR
  • You are a patient in a nursing home because of mental or physical incapacity, OR
  • You have corrected visual acuity of 5/200 or less, in both eyes, or concentric contraction of the visual field to 5 degrees or less.

So who can help you file a claim to receive VA pension, including the pension at the aid and attendance rate?

  • Generally, someone must first be accredited by the Department of Veterans’ Affairs to assist a claimant in preparing, presenting and prosecuting of a claim for VA benefits—even without charge. The Department of Veterans’ Affairs accredits three types of people for this specific purpose:
    • Representatives of Veterans service organizations that are recognized by the VA
    • Independent claims agents
    • Private attorneys
  • A searchable list of accredited representatives, agents, and attorneys is available via the VA Office of the General Counsel website: www.va.gov/ogc/apps/accreditation/index.asp
  • VA accreditation, which is for both the sole and limited purpose of preparing, presenting, and prosecuting claims before VA, is needed to ensure that the claimants for VA benefits have responsible and qualified representation.
  • Regulations allow for a one-time exception to the general rule, which lets VA authorize a person to prepare, present and prosecute one claim without being accredited. The help must be without any cost to the claimant, is subject to laws governing representation and cannot be used to evade the accreditation requirements.
  • Both preparation and presentation of a VA claim includes, gathering the necessary information to file a claim for benefits, completing the claim application, submitting the application to VA, and communicating with VA on behalf of the claimant, as well as other things.
  • An attorney or claims agent that has been accredited by the VA, who is also a financial planner, can help the claimant with a claim for A&A. Although financial planners cannot use their VA accreditation for the purpose of promoting or selling any financial products.
  • If the VA finds that an accredited attorney or gent is using their VA accreditation for an improper purpose, the Department of Veterans’ Affairs can and may suspend or cancel that person’s accreditation.

What is Aid and Attendance (A&A)?

Aid and Attendance is an increased monthly pension amount that is paid to a Veteran or surviving spouse. You could potentially be eligible to receive the increased Aid and Attendance amount if:

  • You are eligible to receive basic pension benefits, AND
  • You require the aid of another person in order to perform activities of daily living, like bathing, feeding, dressing, toileting, adjusting prosthetic devices, or protecting yourself from the hazards of your day to day environment, OR
  • You are bedridden, in that your disability or disabilities require that you remain in bed apart from any course of convalescence or treatment you have been prescribed, OR
  • You are a patient in a nursing home because of mental or physical incapacity, OR
  • You have corrected visual acuity of 5/200 or less, in both eyes, or concentric contraction of the visual field to 5 degrees or less.

So who can help you file a claim to receive VA pension, including the pension at the aid and attendance rate?

  • Generally, someone must first be accredited by the Department of Veterans’ Affairs to assist a claimant in preparing, presenting and prosecuting of a claim for VA benefits—even without charge. The Department of Veterans’ Affairs accredits three types of people for this specific purpose:
  • Representatives of Veterans service organizations that are recognized by the VA
  • Independent claims agents
  • Private attorneys
  • A searchable list of accredited representatives, agents, and attorneys is available via the VA Office of the General Counsel website: www.va.gov/ogc/apps/accreditation/index.asp
  • VA accreditation, which is for both the sole and limited purpose of preparing, presenting, and prosecuting claims before VA, is needed to ensure that the claimants for VA benefits have responsible and qualified representation.
  • Regulations allow for a one-time exception to the general rule, which lets VA authorize a person to prepare, present and prosecute one claim without being accredited. The help must be without any cost to the claimant, is subject to laws governing representation and cannot be used to evade the accreditation requirements.
  • Both preparation and presentation of a VA claim includes, gathering the necessary information to file a claim for benefits, completing the claim application, submitting the application to VA, and communicating with VA on behalf of the claimant, as well as other things.
  • An attorney or claims agent that has been accredited by the VA, who is also a financial planner, can help the claimant with a claim for A&A. Although financial planners cannot use their VA accreditation for the purpose of promoting or selling any financial products.
  • If the VA finds that an accredited attorney or gent is using their VA accreditation for an improper purpose, the Department of Veterans’ Affairs can and may suspend or cancel that person’s accreditation.