• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Unsworth LaPlante, PLLC

Vermont Estate Planning Attorneys

Vermont: (802) 879-7133

Attend A Free Workshop
  • Home
  • Our Firm
    • About Our Firm
    • Meet Our Team
    • What to Expect When Working with Us
  • Services
    • Estate Planning
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Medicaid Planning & Elder Law
    • Pet Planning
    • Special Needs Planning
    • Trust Administration
    • Young Families Planning
  • Resources
    • Articles
    • Elder Law Reports
    • Elder Law Resources
      • Burlington
      • Montpelier
      • Rutland
      • St. Johnsbury
      • White River Junction
    • Estate And Gift Tax Figures
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Elder Law
        • In-Home Elder Care
        • Medicaid
        • Planning for Long-Term Care
      • Estate Planning
        • Business Succession Planning
        • Estate and Gift Tax
        • Estate Planning for Blended Families
        • Estate Planning for Parents
        • FAQs for Families Without an Estate Plan
        • LGBTQ Estate Planning
        • Taxes on Inheritances in Vermont
      • Incapacity Planning
      • IRA & Retirement Planning
      • Gift, Estate, and Inheritance Taxes
      • Legacy Wealth Planning
      • Philanthropy and Estate Planning
      • Pet Planning
      • Revocable Living Trust
      • Special Needs Planning
      • Trust Administration
      • Trusts
      • Wills
    • Is Your Estate Plan Outdated?
    • Medicaid Resources
      • Medicaid Analysis Worksheet
      • Medicaid Guide
      • Vermont Medicaid
    • Newsletters
    • Presentations
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
    • SECURE Act
    • Top Estate Planning Techniques
  • Webinars/Seminars
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact
Home » Changes Ahead for VA Aid & Attendance Benefits?

Changes Ahead for VA Aid & Attendance Benefits?

March 26, 2014 by Ellen LaPlante

va aids & benefitsNever let it be said that our lawmakers have no capacity of time management, especially when it comes to getting bills passed into law. There aren’t many veterans and their families who take advantage of the Aid and Attendance benefits that are part of the Department of Veterans Affairs, but those who do say it’s crucial to ensuring their quality of life. Unfortunately, there could be problems ahead for the means tested program.

The Aid & Attendance Benefits Timeline

Several years ago, there were concerns over the potential of abuse with this benefit. While there were never definitive accusations, some expressed their belief that potential vulnerabilities could wreak havoc in the near future. To bypass those potential problems, the Senate introduced a bill that would put into place a three year look back period, much like the current five year look back period associated with Medicaid recipients.

The Slow Dance Through Congress

That was in 2012. The bill meandered back and forth, but really didn’t get far at all. So, another bill was introduced last year, but this time, it was introduced in the House. The wording is nearly identical, but it now appears the potential is in place for it to become law; so much so that it made through the House in record time – and with a near-unanimous passage of 404 to 1. It’s now with the Senate and many are saying it will likely move quickly and actually be passed into law before the year ends.

But what exactly can veterans and their families expect in terms of changes in their VA aid and attendance benefits?

There are some who say these changes will benefit those who are eligible for the program because of an improved claims processing channel. In fact, promises are already being made that the massive backlog will finally move forward, despite the fact that this isn’t a program that most veterans even apply for. The new law would require applications to be processed in their entirety no later than 125 days after the date the application was filed.

It will also put into place an online system that allows applicants to check the status of their application and claims compensation. This, they say, will eliminate the frustrations associated with long wait times on the telephone.

Still Complicated Verbiage

There is also specific language, that reads in part, “If a veteran eligible for a pension for service or for a non-service-connected disability, or the spouse of such veteran, disposes of a resource that was part of such veteran’s estate for less than its fair market value within three years before applying for such pension, the Secretary shall deny or discontinue the pension payment for months beginning on the date of such disposition and ending when the uncompensated value of such resource is reached.”

If it feels as though some pretentious soul authored this, you’re not alone. It’s difficult to decipher, but for the most part, it means the three year look back period will be a hallmark of the program.

So what does this mean for you and your family if and when it becomes law? There’s still a lot that hasn’t been released, but our team of elder law attorneys are monitoring the goings-on and if we can help with your own efforts of securing VA benefits, Medicaid or Medicare, we invite you contact our office today.

  • Author
  • Recent Posts
Ellen LaPlante
Ellen LaPlante
Ellen LaPlante is an attorney whose mission is to provide clients with guidance in Estate Planning, Elder Law, and Medicaid Preparation. She is barred in Vermont and New York. Ellen helps clients put together unique estate plans, including assistance with Trusts, Wills, Powers of Attorney, and Advance Directives. She also works with clients on Medicaid Planning and qualifying for Medicaid assistance.
Ellen LaPlante
Latest posts by Ellen LaPlante (see all)
  • How to Apply for Senior Medicaid in Vermont - December 11, 2022
  • Planning for the “Silver Tsunami” - November 1, 2022
  • Discharge of Indebtedness Income and Student Loan Forgiveness - October 27, 2022

Filed Under: Uncategorized Tagged With: Medicaid, Elder Law, medicare, veterans administration, aid & attendance benefits, applications, veteran, five year look back period, three year look back period, veteran's estate

Other Articles You May Find Useful

Essex Junction elder law attorneys
What You Need to Know about Elder Abuse
Essex Junction Medicaid planning attorneys
How to Apply for Senior Medicaid in Vermont
Planning for the “Silver Tsunami”
Discharge of Indebtedness Income and Student Loan Forgiveness
More than Just Salad Dressing: The Ongoing Saga of Newman’s Own Foundation
Essex Junction Medicaid planning attorneys
Does My 401(k) Account Count for Medicaid Eligibility?

Primary Sidebar

Elder Law and Medicaid Planning Attorneys

Unsworth LaPlante, PLC

DOWNLOAD OUR FREE ESTATE PLANNING WORKSHEET

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

Blog Subscription

Sign up to Unsworth LaPlante's estate planning blog to receive all the latest news and updates.

  • This field is for validation purposes and should be left unchanged.

Essex Junction, VT

26 Railroad Ave
Essex Junction, VT 05452
United States (US)
Phone: (802) 879-7133
Fax: (802) 879-0408

Map

unsworth_sidbr_map

Office Hours

Monday8:00 AM - 4:00 PM
Tuesday8:00 AM - 4:00 PM
Wednesday8:00 AM - 4:00 PM
Thursday8:00 AM - 4:00 PM

Footer

footer-logo
  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

The information on this Vermont Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

American Academy of Estate Planning Attorneys, Inc. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

© 2023 American Academy of Estate Planning Attorneys, Inc.