We have received reports from several individuals both locally and nationally on the pervasive misinformation being spread by nonprofits serving veterans. The misinformation centers around the VA Pension, a program that pays for long term care for veterans and their surviving spouses. The program provides monthly cash payments that are used to offset the cost of long term care, including assisted living, independent living, nursing homes, and at home care. For a veteran or their surviving spouse to receive VA pension they must show a medical need for such long term care services, they must also meet asset and income tests.

The misinformation from the nonprofits concern whether it is permissible to use certain techniques to reduce the assets of a veteran and surviving spouse to qualify them for VA benefits. Although the VA will not put forward a bright line amount of assets that someone can have and qualify for VA pension, we have found the level to be around $30,000. The nonprofits have incorrectly advised veterans and surviving spouses that it is fraudulent to use elder law techniques to reduce assets. This is far from the truth. The techniques used by an experienced elder law attorney are permitted under the VA rules. Unlike other federal programs, such as nursing home Medicaid, there is no penalty for transferring assets before qualifying for VA benefits.

By using an experienced elder law attorney to obtain VA benefits, a veteran or surviving spouse can preserve their assets. This allows them to continue to have their choice on long term care services delaying or even completely avoiding a prolonged stay in a nursing, ultimately saving the government money.Veterans organizations provide misleading information on VA Pension

We have received reports from several individuals both locally and nationally on the pervasive misinformation being spread by nonprofits serving veterans. The misinformation centers around the VA Pension, a program that pays for long term care for veterans and their surviving spouses. The program provides monthly cash payments that are used to offset the cost of long term care, including assisted living, independent living, nursing homes, and at home care. For a veteran or their surviving spouse to receive VA pension they must show a medical need for such long term care services, they must also meet asset and income tests.

The misinformation from the nonprofits concern whether it is permissible to use certain techniques to reduce the assets of a veteran and surviving spouse to qualify them for VA benefits. Although the VA will not put forward a bright line amount of assets that someone can have and qualify for VA pension, we have found the level to be around $30,000. The nonprofits have incorrectly advised veterans and surviving spouses that it is fraudulent to use elder law techniques to reduce assets. This is far from the truth. The techniques used by an experienced elder law attorney are permitted under the VA rules. Unlike other federal programs, such as nursing home Medicaid, there is no penalty for transferring assets before qualifying for VA benefits.

By using an experienced elder law attorney to obtain VA benefits, a veteran or surviving spouse can preserve their assets. This allows them to continue to have their choice on long term care services delaying or even completely avoiding a prolonged stay in a nursing, ultimately saving the government money.