Military Veteran Attorney Blog

Often times I meet with veterans that are already receiving service related benefits in the form of disability benefits. It is important to understand that often times if you are already receiving disability benefits it is not likely you will be eligible to receive improved pension benefits, notably, aid and attendance benefits.

Here is an example. I recently met with a Sterling Heights family that was encouraged by a financial planner to apply for VA benefits by moving to a senior living center in Macomb county. The planner failed to realize that the veteran already was receiving a military disability pension for injuries sustained in WWII which later manifested after he retired. The veteran, according to the VA was 100% disabled. As a result, he was already receiving approximately $2,900.00 per month as a service related pension benefit--far more than the maximum allowed A & A benefit of $1,900.00 per month. Due to the design of VA benefits, this veteran was unable to collect additional benefits in the form of aid and attendance. As a result, the family is barely getting by with the cost of upkeep of their home and their monthly costs at the senior living facility.

Had the family worked with an accredited advisor or done some simple research, they could have avoided this problem and engaged in a different type of planning to ensure that they could receive the greatest care possible and yet preserve their assets to supplement their lifestyle or their quality of care.

If you are a veteran and are considering applying for benefits, make sure that you seek the advice of a qualified elder law attorney that also has expertise in VA benefit planning, or is also accredited with the VA.

Often times when I work with clients in Metro-Detroit interested in long term care planning clients are often interested in engaging in planning for VA benefits, but are unaware of the consequences involved with regard to Medicaid benefits should their health decline necessitating a move to a nursing home.

In order to qualify for VA benefits, some clients often transfer their assets to their children or into a special type of trust, at the direction of a financial planner or other "adviser," to preserve their assets; and, yet qualify for benefits. Frequently, such "advisers" are so focused on qualifying for VA benefits that they often ignore the legal, tax or Medicaid consequences of performing such planning. This often results in added legal expenses to effectively "undo" the planning that was done to qualify for VA benefits and to qualify for Medicaid benefits for the nursing home care that the person now requires.

The solution is to engage in a plan that contemplates additional benefit planning in the future. This can be accomplished by working with an elder law attorney that has knowledge in both areas--VA planning and Medicaid planning. Often times documents and planning can be performed to quickly change gears from VA planning to Medicaid planning without missing a beat or incurring additional costs.

The Department of Veterans Affairs, formerly the Veterans Administration and still commonly referred to as the "VA," is the second largest Cabinet department reporting to the executive branch of our government, with over 275,000 employees and a $90 billion budget. Despite its size, the VA does run an efficient office; however, most people learn that its size will often lead to long delays and confusion.

Divided into 3 business units, the VA is made up of the Veterans Health Administration, the National Cemetery Administration and the Veterans Benefits Administration. Veterans health care is often lauded as the best available and the national cemeteries honor our service men, women and families remarkably well.

Despite the apparent simplicity of the process, American military veterans who apply for compensation and pension benefits often end up angry, dazed and confused long before any benefits are received. Two important causes of the anger and confusion are (1) the long and growing delays in resolving claims and (2) the seemingly endless layers of rules, regulations, and practices that as often as not act as barriers to properly resolving claims rather that the guides for obtaining an award that they were intended.

Often I will meet with veterans that hear about benefit planning but have received misinformation regarding the benefits or believe that they have to actually retire or disabled through service to receive benefits. This is not the case. The VA offers several different benefit programs which can be easily obtained by a veteran through proper planning with the assistance of an accredited individual.

If you would like more information about benefits that may be available to you, and you live in the Metro-Detroit area, please contact our office .