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breezydst Asked October 2021

Mom's on Medicare and Living in Affordable Assisted Living. We are looking into the VA Aid and Attendance. Is the benefit counted as income?

We know the benefit does not count as taxable income. But, the facility is based on low-income and has a maximum income limit. Could the facility count the Aid and Attendance benefit as income? The second question is should you pay for help to fill out the Aid and Attendance application?

GardenArtist Oct 2021
You can either click on this link or search for "VA Offices, Springfield, Massachusetts" for VA locations near you.

https://www.google.com/search?hl=en&source=hp&biw=&bih=&q=VA+offices%2C+Springfield%2C+MA&iflsig=ALs-wAMAAAAAYXMuURtMCbfDn0Pg99ijMRL1i7JFufrg&gbv=2&oq=VA+offices%2C+Springfield%2C+MA&gs_l=heirloom-hp.3..0i22i30l2.2553.11347.0.11821.13.13.0.0.0.0.108.1158.12j1.13.0....0...1.1.34.heirloom-hp..0.13.1156.GHIixOIM0G8

This looks like a promising source for you:

https://www.springfield-ma.gov/hhs/veterans

Post back if you have any questions, but don't let anyone tell you that you should pay for assistance, especially when it's free from the knowledgeable people at the VA and satellite offices.

GardenArtist Oct 2021
Breezy, I can't answer your first question as I'm not knowledgeable in that area.   As to the second, you should not pay for assistance, especially from the attorneys or other entities advertising for clients, or holding "seminars" on VA apps, or elder care, or anything else.  

https://codes.findlaw.com/us/title-38-veterans-benefits/38-usc-sect-5901.html

"Except as provided by section 500 of title 5 , no individual may act as an agent or attorney in the preparation, presentation, or prosecution of any claim under laws administered by the Secretary unless such individual has been recognized for such purposes by the Secretary."

Note that "preparation" is included in the statutory prohibition.   This would include paid help.

W/o getting into the legal definition of "agent", the companies that solicit Veterans and prepare A&A qualification forms for them are in my experience frequently attorneys, often affiliated with some type of organization that focuses on form prep for Veterans.  At one time they presented "seminars"; they also solicited by mail, trying to get Veterans whom they could "help."

There are qualified Veterans' nonprofit organizations that do help though.   When my father applied for VA benefits, we had 3 choices:

1.  The local County VA group, which we chose for assistance.   They prepared and e-mailed the application.  

2.   VFW

3.   American Legion.

This is also a detailed summary for applying.  It would very helpful and advisable to study it and get all the documentation you need before contacting either the VA, VFW or American Legion.

https://www.veteranaid.org/apply.php

This is another good site for information directly from the VA:

https://www.va.gov/pension/aid-attendance-housebound/

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Bridger46146 Oct 2021
Yes And if she ultimately needs Medicaid she cannot get both Medicaid and VA Aid and Attendance.

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