The following are a few examples that have come to our attention and how we considered each case:
- Veteran Officer James was receiving $767 for a service connected disability. Later, it was discovered that Agent Orange was an additional factor contributing to his disabilities. His percentage of disability compensation jumped to 100%. He then received $3400 per month for two years prior to his death. His wife Jennifer is eligible for 40% of the 100% disability compensation. She received $1360. She wanted to know if she should take the DIC or apply for VA Aid and Attendance. Here is where the intake can be helpful. Here were the contributing factors for our advice: Jennifer had no ADLs and did not financially qualify. Because DIC is not awarded based on these criteria, Jennifer was well-advised to keep her DIC pension.
- Veteran Enlisted Pete was receiving $150 for a 10% disability for hearing loss due to his work in aviation mechanics. Later, he applied for the VA Aid and Attendance pension based on our intake of both his 3 ADLs and his financial qualification. Pete was married; therefore, he received $2169 per month. Upon his death, his spouse Ann could reapply for the VA pension and receive $1176 for herself. In this case, it was advisable to apply for VA A&A. Pete received more money than the allotted $150 and Ann would have lost the $150 entirely due the fact the disability was not 100%.
Each case must be judged on its own merit. The rules and regulations are not easy to keep up with; therefore, we advise turning to our experienced AVAPP team if you have any questions.
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