Denial of VA Pension for High Income

If you have read about VA pension benefits in this blog or elsewhere, you might have decided to apply to the VA office for these benefits.  You read that you could qualify based on your war time service and non-dishonorable discharge.  You fill out the long VA pension application form and provide all supporting documentation.  But unfortunately and to your surprise, the VA says you make too much income and your claim for benefits are denied.

What are you to do if you live in Florida your claim for VA pension benefits are denied because the VA thinks you make too much money?

First, you are not dead in the water forever.  You have the ability to resubmit your application with new evidence showing that you are entitled to the VA pension benefit.  Thus, you can submit new information showing that you actually have less income than previously report.

How do you have less income after the fact?

A Florida elder law attorney can assist you in obtaining the aid and attendance benefits even after you are denied..  Your out of pocket medical expenses may not have been reported as high as you could have reported the income.  Also, your assets and income can be reduced through planned giving to your family, friends, or charities of your income streams and assets to put you in a position to qualify for benefits.

Why would I want to give all my money away to get these VA pension benefits?

I have discussed why you should care about aid and attendance benefits. But you can do the math yourself.  What is my income stream from the assets the VA says that make me ineligible for the benefits?  What is the income I could expect from the pension benefits for basic pension, housebound benefits, and aid and attendance?  If the benefits from the VA produce a higher income stream, why not give it to whom you want during your lifetime instead of seeing go to your health care providers?  You can have the option to set up a trust that will control how your beneficiaries will receive their inheritance, and you can see the pleasure from your gift during your lifetime instead of when you pass away.

Kellen Bryant, Esquire, is a Jacksonville, Florida elder care attorney specializing in VA aid and attendance benefits.