VA BenefitsPart 2: Disability and Aid &

AttendanceLinda R. Chamberlain

Board Certified Elder Law Attorney727.443.7898

MyVA Integrated Plan 7/2015Mission is to provide a seamless, unified Veteran Experience across

the entire organizationIn 1975 – 2 million Vets over 65, in 2017 – 10 million vets over 65Changing from “sick care” to “whole health care.”Eliminating backlog of Disability claims from 611,000 in March

2013, to 128,000 in July 2015.Certain diseases are presumptively associated with disability-

when a disease is designated as presumptively service-connected, the individual veteran does not need to prove that the disease was incurred during service.

Ending Veteran Homelessness.Can check status of claims at benefits.va.gov

General EligibilityHonorable DischargeCertain VA Benefits require wartime

serviceWorld War II: Dec. 7, 1941 – Dec. 31, 1946Korean War: June 27,1950 – Jan.31, 1955Vietnam War: Feb. 28, 1961 – May 7, 1975Gulf War: August 2,1990 - ???

Required Documents• Discharge papers – DD214, DD-215• Veteran’s marriage certificate• Veteran’s death certificate• Veteran’s birth certificate• Veteran’s Children’s birth certificate

How do you access benefits?www.ebenefits.va.govPinellas County Veterans Services

2189 Cleveland St., Suite 230727.464.8460

647 1st Ave. N.727.582.7828

www.pinellascounty.org/humanservices/veterans

Service Connected DisabilitiesDisability compensation is a monetary

benefit paid to Veterans who are disabled by an injury or illness that was incurred or aggravated during active military service.

Compensation is determined by degree of disability

Disability compensation is not subject to income tax

2016/17 VA DisabilitySample compensation amounts:

Benefits range from $133 to over $3,400 per month

You may be paid additional amounts if you have a very severe disability or loss of limbs; you have a spouse, child or dependent parent; or you have a seriously disabled spouse.

Presumptive Conditions of DisabilityCertain chronic diseases, i.e., MS, Diabetes,

arthritis – if at least 10% disabling within applicable time period of service

ALS at any time after separationPOW’s with the certain disabilities anytime

after service (PTSD, heart dx, stroke, etc..)Veterans Exposed to Agent Orange – if

victim of certain diseases

Presumptive Conditions of DisabilityVeterans exposed to Radiation with certain

conditions, i.e., leukemia, certain types of cancer, lymphomas, etc…

Gulf War Veterans with Chronic Disabilities, i.e., chronic fatigue syndrome, etc…

Disease Conditions Presumptively Service-Connected

Hairy Cell and other B-cell Leukemia'sNon-Hodgkin’s LymphomaHodgkin’s DiseaseSoft tissue SarcomaMultiple MyelomaRespiratory CancersProstate CancerParkinson’s disease Ischemic Heart DiseaseAcute and subacute peripheral neuropathySpina bifida in children of veteransAL AmyloidosisDiabetes – Type 2ALS

VA Service Connected Disability Benefits are paid to veterans who have

injuries or diseases that happened while on active duty, or were made worse during military service. Benefits are tax free.

Application process:Complete VA Form 21-526Marriage and birth certificatesMedical evidence (doctor & hospital reports)

How is the amount of your disability determined?

Depends on the seriousness of your disability

Medical records are reviewed and you are evaluated by the VA medical services

Your disability is rated and expressed as a percentage

If denied, or you disagree on the percentage awarded you can appeal

Individual Un-employability

Individual Un-employability is a part of VA's disability compensation program that allows VA to pay certain Veterans disability compensation at the 100% rate, even though VA has not rated their service-connected disabilities at the total level.

Eligibility RequirementsYou must be a VeteranYou must have at least one service connected disability

rated at least at 60%, ORTwo or more service connected disabilities at least one

disability ratable at 40 percent or more with a combined rating of 70 percent or more.

You must be unable to maintain substantially gainful employment as a result of service-connected disabilities (marginal employment, such as odd jobs, is not considered substantial gainful employment for VA purposes).

Evidence RequirementsEvidence of at least one service connected disability

ANDThat the service-connected disability or disabilities are

sufficient, without regard to other factors, to prevent performing the mental and/or physical tasks required to get or keep substantially gainful employment AND

That one disability is ratable at 60 percent or more, ORIf more than one disability exists, one disability is

ratable at 40 percent or more with a combined rating of 70 percent or more.

VA Pension Aid and Attendance

Low income wartime Veterans may qualify for a pension if they meet certain requirements:At least 90 days of active duty, with at least 1 day during a VA recognized wartime

periodMeet income and net worth limits set by lawAge 65 or older, ORTotally and permanently disabled, ORA patient in a nursing home receiving skilled nursing care, ORReceiving Social Security Disability Insurance, ORReceiving Supplemental Security IncomeFamily income must be less than the amount set by Congress to qualify for the

Veterans Pension benefit. The pension benefit is the difference between “countable” income and the annual pension limit set by Congress. The Department of Veterans Affairs generally pays this difference in 12 equal monthly payments.

Aid and Attendanceand Housebound Benefits

Veterans and surviving spouses who are eligible for VA pensions are eligible for higher pension rates if they qualify for aid and attendance or housebound benefits

An eligible individual may qualify if he or she requires the regular aid of another person in order to perform personal functions required in everyday living, or is bedridden, a patient in a nursing home, blind, or permanently and substantially confined to his/her premises due to the disability

A&AHigher income limit applies to A&A, in addition,

unreimbursed medical expenses for nursing home, assisted living and home health care may be used to reduce countable income

Sample current amounts:VA will pay up to $21, 466 to a Veteran without

dependentsVeteran with 1 dependent, $25,448

How do you apply for A&A?You may apply for Aid and Attendance or Housebound benefits by writing to

the VA regional office where you filed a claim for pension benefits. If the regional office of jurisdiction is not known, you may file the request with any VA regional office. You should include copies of any evidence, preferably a report from an attending physician validating the need for Aid and Attendance or Housebound type care.

The report should be in sufficient detail to determine whether there is disease or injury producing physical or mental impairment, loss of coordination, or conditions affecting the ability to dress and undress, to feed oneself, to attend to sanitary needs, and to keep oneself ordinarily clean and presentable.

Whether the claim is for Aid and Attendance or Housebound, the report should indicate how well the applicant gets around, where the applicant goes, and what he or she is able to do during a typical day. In addition, it is necessary to determine whether the claimant is confined to the home or immediate premises.

How to get help?Pinellas County Veteran’s Service Office

727.464.8460Accredited VA Attorney

Watch out for “free services”

Thank you!Linda R. Chamberlain

Board Certified Elder Lawyer901 Chestnut St. Suite C

Clearwater, FL 33756727.443.7898

www.SpecialNeedsLawyers.com