WE PROVIDE A WIDE RANGE OF LEGAL SERVICES
Below is a list of several of the trusted legal services offered by our offices.
Our lawyers will also represent you in civil litigation cases such as divorce, child and spouse maintenance.
There are millions of Veterans eligible for some type of VA benefits, and the majority of them do not even know about Aid and Attendance pension benefits. The most important benefit that can provide monthly, tax-free payments to the Veteran is called Aid and Attendance (also known as the VA pension).
Many families in Florida who are caring for an aging Senior Veteran here in Florida are unaware of the many benefits that the Department of Veterans Affairs offers. The most important benefit that can provide monthly, tax-free payments to the Veteran is called Aid and Attendance (also known as the VA pension). In fact, there are more than 17 million Veterans eligible for some type of VA benefits, and the majority of them do not even know about Aid and Attendance pension benefits.
Eligible Veterans are entitled to this VA monthly pension to offset the cost of necessary health care. In order to be eligible, the Veteran must meet the following requirements:
If a Veteran meets the above classification and also meets an income/asset test below, the Veteran can be eligible to receive up to $2,295 tax free each monthly for the rest of his or her life (adjusted for cost of living). Additionally, the Veteran’s spouse will also be eligible for the pension if the Veteran dies before the spouse.
If you’re a Veteran or are taking care of a Veteran in Florida, the skilled VA attorneys at at Daily, Montfort & Toups can help you qualify for the VA pension benefit.
We are a Veteran owned law firm and have offices in Sarasota, Venice, St. Petersburg, Osprey, and Clearwater, Florida. You can schedule your free consultation today.
All of the monthly payments are completely tax free.
There are three major eligibility criteria that the VA looks for in approving aid and attendance benefits: service, medical, and financial.
(1) Service: The Veteran must have served for at least 90 days of active military duty and one of those days must have been during a wartime period. This doesn’t mean the Veteran needed to deploy during the wartime period—the Veteran could have served their 90 days of active military duty while here in the U.S.
Tip: Vietnam is the only wartime period that requires boots on the ground. Vietnam requires boots on the ground up until the end of August 5, 1964.
(2) Medical: The Veteran must meet one of the following conditions below to qualify for Aid and Attendance:
(3) Financial: The Veteran must also meet an income and asset test to qualify for Aid and Attendance. The asset test requires that the Veteran can only have $130,773 (2021) in household net worth. While $130,773 seems low, the VA excludes the value of the home, a reasonable amount of land the home sits on, and automobiles used for personal use.
The income test reduces the Veteran’s aid and attendance benefit dollar for dollar by the Veteran’s monthly income. However, medical expenses are deducted from the Veteran’s monthly income. There are a number of ways to reduce the Veteran’s monthly income so that the Veteran receives the full aid and attendance benefit.
Tip:
The VA only has a lookback period of three years (as opposed to five years fro Medicaid planning). A Veteran who is over assets but may need care in the future can take advantage of this three year look back period by transferring assets to a Veteran’s Asset Protect Trust (VAPT) that would bring the Veteran’s asset levels below the $130,773.
If you’re a Veteran or are taking care of a Veteran in Florida, the skilled VA attorneys at at Daily, Montfort & Toups can help you qualify for the VA pension benefit.
We are a Veteran owned law firm and have offices in Sarasota, Venice, St. Petersburg, Osprey, and Clearwater, Florida. You can schedule your free consultation today.
Contact us nowBelow is a list of several of the trusted legal services offered by our offices.
Our lawyers will also represent you in civil litigation cases such as divorce, child and spouse maintenance.