Veterans

The Obama Administration has agreed to settle a nationwide class action lawsuit to end the standard practice to require Medicare beneficiaries to show a likelihood of improvement before Medicare would pay for therapy or skilled nursing services. As previously reported in the Texas Elder Law e-letter,...

In a somewhat stunning development, many veteran benefits planners are reporting that the Department of Veterans Affairs (VA) has started denying some applications for benefits in cases where the veteran has made a recent transfer to reduce net worth to obtain benefits. For many years...

Senate Bill 3270 has been introduced to require the Secretary of Veterans Affairs (VA) to consider the resources of individuals applying for non-service disability pension that were recently disposed of by the individuals for less than fair market value when determining the eligibility of such...

To assist with the costs of care if their medical expenses are high, wartime veterans or their surviving spouses often apply for non-service connected disability improved pension benefits (commonly referred to as “Aid & Attendance” although that is only a portion of the benefit) assuming all eligibility requirements are met. Various types of annuities are often used in the planning process so that eligibility can be obtained for Veterans Benefits. However, Medicaid benefits are often greater (especially for nursing home care) and the eligibility rules (and planning) are significantly different. On the other hand, VA benefits can be used anywhere (home, assisted living, nursing home, etc.) whereas very few assisted living facilities accept any Medicaid program.

The Government Accountability Office (GAO) released a report last week regarding abuse of the Veterans Pension Program which is likely to spur a major change in the eligibility rules and make it more difficult for a wartime veteran (or his or her surviving spouse) to...

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