Houston Veterans Aid and Attendance Pension Lawyer

stethoscope over an american flag va aid and attendance

Helping Texas Veterans Obtain Funding for Long-Term Care

The Veterans Aid and Attendance Pension and Homebound Pension, which are Non-Service Connected Disability Pensions, are an important source of funding for long-term care.  In fact, the Aid and Pension, which is about $2,229 – $2,643 per month for a Veteran or about $1,433 per month for a widow(er), can often make a critical difference in enabling you or your loved one to move into a costly assisted living or personal care facility to receive appropriate, high quality long-term care.  Our law firm provides advice and guidance through the maze of VA eligibility rules for qualifying for the pension, which is based on both financial and medical need.  We can assist you with legal strategies for protecting assets accumulated over a lifetime of hard work, saving, and planning.  

Nancy L. Stone, JD, MPH, Attorney at Law, is accredited by the VA to advise and assist clients in obtaining VA benefits.  She provides advice on how to become eligible for the Aid & Attendance and Homebound Pensions, while preserving hard-earned assets to the maximum extent possible.  She assists clients with navigating the complex rules of government benefits with the goal of qualifying the client for a VA pension, while also preserving the client’s eligibility for Medicaid nursing home care, in the event it may be needed in the future.

How to Qualify for the Aid and Attendance Pension

To qualify for a pension, a Veteran must have served 90 days of continuous, active service, with at least one day during an official wartime.  The Veteran or the surviving spouse must be at least 65 years old and have a disability that results in the need for regular assistance with activities of daily living, such as bathing, dressing, grooming, or taking medications.  The pension is based on financial need and there may be a penalty for giving away assets during a three-year look back period.  

Wartime Periods

Wartime periods as defined by the VA are as follows:

  • WW I            4/6/1917 – 11/12/1918
  • WW I            12/7/1941 – 12/31/1946
  • Korean          6/27/1950 – 1/31/1955
  • Vietnam        8/5/1964 – 5/7/1975  (start date is 2/28/61 for veterans who served in Viet Nam)
  • Persian Gulf   8/2/1990 – ?

Medical Eligibility

To qualify for the Homebound Pension, the veteran or widow must be permanently and substantially confined to the home, with a need for daily assistance with activities of daily living (ADLs).   ADLs includes:

  • Dressing
  • Bathing
  • Grooming
  • Feeding
  • Getting out of bed
  • Attending to the wants of nature
  • Physical or mental incapacity which requires care to protect veteran from hazards
  • May be bedridden
  • May need help taking medications

To qualify for the Aid and Attendance Pension, the veteran or widow must need regular assistance with ADLs such that the patient cannot take care of him/herself and must require regular, but not necessarily constant, personal assistance from others.

Financial Eligibility

The Veteran’s or widow’s net worth, which combines annual income and countable assets, cannot exceed approximately $150,538 in 2023.  The formula for calculating net worth allows deductions for medical expenses. Nancy Stone, JD, MPH, Attorney at Law, has the experience and expertise to assist you with the issues surrounding eligibility for the Aid and Attendance Pension.

Attorney Nancy Stone assists clients with Elder Law, Medicaid Planning, and Estate Planning throughout Harris County, TX. I am now based in Sugar Land and serve all of Houston, Harris County, Bellaire, Jersey Village, Cypress, West University, The Heights, Pearland, Alvin, Sugar Land, Missouri City, Kingwood, Humble, The Woodlands, Spring, Tomball, Richmond, Rosenberg Pasadena, Baytown, La Porte, Clear Lake, Texas City, Katy, Friendswood, Stafford, as well as Fort Bend County, Brazoria County, Montgomery County, Galveston County, Liberty County, Chambers County, Waller County and throughout Southeast TX.