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Veterans Aid & Attendance Gets New Eligibility Rules

77 Comments

My mom and dad are divorced but she was with him when he served in Vietnam. She has tricare for life and gets 1/2 his retirement. Is she entitled to any of his VA benefits?

Unlike Forrest Gump, the movie starring Tom Hanks, the only combat my husband saw was fighting a dishonorable discharge for being awol in his bunk for 4 straight days, unable to appear for duty due to an undiagnosed disability, unknown at that time as aspergers/autism spectrum disorder.
He was ultimately honorably discharged. He served.

My disabled, low income, former U.S. Marine husband does not qualify for Aid & Attendance benefits because he did not serve at least one day in a war.

Please, he served...the country has been at war continuously since who knows when, but not a big enough war? Not an "Officially declared war?"

BTW, they took him with his 'disability' of autism/aspergers to serve. Reminds me of the movie with Tom Hanks.

No one knows. However, if they have not already applied for pension they most likely will be subject to the new rules when or if they go into effect.

Pretty much your correct. The implementation has been postponed to go over the proposed changes to make sure al i )are dotted and authority is proper.

The proposed rule changes have to implementation date. Originally the VA had stated that the rules would be implemented in the summer of 2015, then fall of 2015 then spring of 2016. Now there is no projected date for implementation.
It is questionable if the VA has the authority to make all of the proposed rule changes.
Many of the proposed rule changes make absolutely no sense. They really show how little thought went into these proposed changes and how little financial and legal knowledge the VA has in these areas.
Hopefully the VA will realize the complexity of the effort it will take to implement the training to put these changes into effect.

Please update if this did happen.

Did this ever actually happen? I know of a few families who applied this year and just got approved, after having moved money to qualify. Wonder if you have any updates?

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Go join your American Legion Hall American Legion . Become her DCF authorized Represenative( you have poa) and have her appoint you as her Appointed represenative, this also makes you her DCF Payee(due to sight disability)
Get a GPOA with aDurable POA clause (is not void if become incompetant)
Because she cannt see she is eligible under ADA act 505 reasonable accomidations. And under 504 least restrictive enviorment she is still eligible for an interperator for her eyes.
Give them notice per cover letterof GPOA still in effect and failure to acknowledge POA and ADA 505 reasonable accomodations by acknowledgement of caregivers/dcf Authorized Appointed Represenative ( makes you incharge of her medicaid appling etc and if you don't approve of services you can submit greviences upon her behalf and as her advocate under ADA 505 reasonable accomodations greater than 30 days . And for each time period greater than 30 days including complaint.
American Legion has very rusty squeeky wheels and is very productive at knowing how to get those wheels lubricated in timely manner.Also have advocates that can help.
ADA Advocates might be able to help also .
Apply to DCF Area On Aging for Long Term Home Based Health Care. Seems to me she should qualify.