The changes as proposed by the Department of Veterans affairs will diminish the choices available and force our aging Veterans into Assisted Living or Nursing Homes.

    You can help prevent this from happening!

Please read the brief explanation below and go to the proposed changes and see for yourself, and then contact the VA, your Congressional Representative, and Senators to let them know you are against these changes and the arbitrary changes the VA has been using without the rule changes they are proposing to deny these Veterans and their Spouses the benefits they are entitled too!

If you don’t know what to say or who and how to contact let me know and I will get you that information.

Please do it as soon as possible, don’t put it off , these Veteran’s need our support and our willingness to defend them, and their spouses in their time of need.

These are the proposed changes by  Veterans Affairs to the rules and regulations on qualification for ” Improved Pension”, commonly known as ” Aid and Attendance”.

The proposed changes, found at https://www1.va.gov/orpm/, issued on January 23, 2015,are very vague and leave more questions unanswered than answered.

(1) What documentation will need to be provided with the claim application showing any transfers of assets?  Bank records? Tax records?  For the three years prior to the application. Will there be any exempt transfers? If so, what will be exempt and how is that documented?

(2) Are independent living facilities (ILFs) and assisted living facilities (ALFs) the same?

The proposed regulations make it very clear they intend to treat ILFs as non-medical facilities and ALFs as medical facilities.

This distinction is important because the VA will not deduct the cost of ILFs as a reoccurring medical deduction from income for qualification purposes. The ALF fees will be treated as permissible deductions. This change will alter the plans for living choices, especially those with early stages of dementia who function well in the structured environment of ILFs.

(3) Can we still prepay for burial expenses?

In the proposed rules, the VA outlines permissible “spend down” activities as spending excess assets on basic needs, such as food, shelter and medical care. They do not specifically address spending down on burial expenses.

However, the VA has never counted pre-paid burial contracts as countable resources. The VA does count cash value in a life insurance policy as a resource. The answer to this question remains unknown.

(4) How will the proposed changes affect applications that are pending at the time the regulation is approved?

The proposed changes do not specifically include any “grandfather” provisions.  It is presumed the VA will try to impose the new changes on pending applications. This is a major flaw in the proposed changes and an area where public comment would be encouraged.

(5) Will there be public hearings associated with the rule making?

It is hard to predict.  The Public Comment period expires on March 24, 2015.  If the regulatory authority receives a lot of quality public comments, they may hold a public hearing. However, it is not mandatory that they do so.

Public comments may be submitted through 

http://www.regulations.gov 

or

by mail or hand-delivery to:

Director, Regulation Policy and Management (02REG),

Department of Veterans Affairs,

810 Vermont Ave. NW., Room 1068,

Washington, DC 20420;

 By fax to (202) 273-9026.  Comments must include that they are in response to

“RIN 2900-AO73,Net Worth, Asset Transfers, and Income Exclusions for Needs-Based Benefits.”

 You can make a difference by reading the proposed changes and then formally submitting a public comment of you questions, asking for clarification, and expressing your opposition to any provision, listing the reasons for opposition and how it will harm our Veterans and their Spouses.

 The deadline to respond is March 24, 2015.

Thanks for your support!

Richard,

Vietnam Veteran 

www.TexasElderLawAttorney.com

Phone: 800-939-9093

Email: [email protected]