Navigating the benefits available through the U.S. Department of Veterans Affairs can be challenging for veterans, their families and the attorneys who advise them. Presented by Colleen D. Bratkovich, this CLE program provides a practical overview of important VA benefits available to aging veterans and surviving dependents, with particular emphasis on VA Improved Pension, Survivors’ Pension, Aid & Attendance and Housebound benefits. Attendees will examine the basic service, disability, financial, and other eligibility requirements that determine whether a veteran or surviving dependent may qualify for assistance.
Colleen will take a deep dive into the financial eligibility rules governing VA Pension benefits, including applicable net-worth limitations, exempt and non-exempt resources, income calculations, and unreimbursed medical expenses. Attendees will also explore planning strategies that may reduce countable net worth and learn how different assets—including bank accounts, investments, retirement accounts, secondary real estate, and other resources—can affect benefit eligibility.
Program Objectives
* Review VA Improved Pension and Survivors’ Pension benefits
* Examine eligibility requirements for VA Pension
* Understand Aid & Attendance and Housebound benefits
* Analyze financial eligibility, net worth, income, and asset-transfer rules
* Review long-term care benefits available through the VA Health Care System
* Discuss the VA Family Caregiver Assistance Program
Special attention will be given to the VA’s three-year lookback rule and the potentially significant consequences of transferring assets before applying for benefits. The course examines what constitutes a gift, the important distinction between federal gift-tax rules and VA eligibility rules, opportunities to cure certain transfers, and the calculation of periods of ineligibility. Through practical case examples, attorneys will learn why the timing of an application and careful analysis of prior asset transfers can be critical to protecting a client’s eligibility for benefits.
Finally, the program expands beyond pension benefits to examine additional resources available to veterans and their families. Attendees will learn about long-term care services available through the VA Health Care System – including home health, adult day care, hospice, assisted living and nursing-home care. The course also explores the VA Family Caregiver Assistance Program and the circumstances under which qualifying family caregivers may receive financial and health-care assistance for caring for a veteran with a service-connected disability. Colleen D. Bratkovich is a Shareholder and Partner at Zacharia Brown & Bratkovich and practices in the areas of Estate Planning, Elder Law, and Estate Administration.