I can't find anything that says that the VA has officially adopted a look back period, but the VA rep I'm working with says that the VA implemented one 6-18 mos ago (translated to..he doesn't really KNOW for sure). Can anyone tell me, has a law ever been passed (signed) and is there now a look back period for applying for VA benefite? If there is, what is the name/site for the law? When was it passed? What is the official look back period. Thanks!
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The VA has not yet issued the Final Regulations but is expected to do so this year. See this article: http://blog.lawyerswithpurpose.com/2016/07/income-vs-asset-transfer-lookback-when-the-va-questions-income-prior-to-the-effective-date.html
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However, there were manny comments submitted by about 800 respondents. The VA should not be allowed to arbitrarily revise this benefit that has been in effect for years for WWII, Korea, and Vietnam ERA veterans and spouses.
That is breaking a promise!
The dollar amount of the benefit is only a very conservative financial assist, therefore the high expense of caring usually is not by any means offset by the benefit,
The length of time served (active) for Gulf War veterans is two years, for the others 90 days.
Most VA personnel are poorly trained on the specifics, and even requirements, and especially nuances. The new rules have NOT been implemented, however, it is unknown if the VA will take it upon themselves to suddenly do so, Basically as a way to eliminate claims and frustrate claimants.
As usual, offices and personnel "closing the door" on someone currently by using "lookback" (financial), [however, that area is complicated and VA personnel CANNOT advise on that aspect]. as an excuse is probably due to poor training, gross misinformation, quite possibly lack of real knowledge, and often due to speaking outside of their area of "practice", other instances it may be unwillingness for a number of reasons.
If you message me privately and live in Georgia I may provide proper education.
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You do need someone who understands the process to help. Giving assets away in the wrong way can cause the claimant to lose Medicaid help for a period of time. If assets are given to a person, and that person is involved in a Bankruptcy, Divorce, or litigation, MA doesn't care why, it will not cover for a period of time. If assets are put into an irrevocable trust and it is a lock box withouth provisions to pay for care during the 5 year MA lookback, MA won't pay for a period of time.
Qualified help is a must! Good Luck!
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