The VA is turning its back on our “Greatest Generation” – again.

/in /by

While the catastrophes of the VA Healthcare system hit the news, with veterans waiting forever to get the care they need, it is our “Greatest Generation” of veterans who are being left behind. The VA has implemented significant changes to the one program that helps our WWII and Korean war veterans when they need expensive long term care—the Pension program.

The VA Pension program is limited only to “war period” veterans and their widows. It is not really a “pension.” It is a benefit program to reimburse veterans for long term care expenses when they are paying out most or all of their household income for unreimbursed care. It is the one program that helps our veterans preserve their dignity at home rather than being placed in Nursing Homes.

The great majority of claims made by veterans for Pension are already denied by the VA after long administrative delays; numerous Pension claimants die prior to receiving an answer from the VA, and no pension is paid when the veteran dies. Part of the reason for so many denial letters is that the VA does not advertise this benefit and gives no guidance on their complex rules or how to fill out the application.

In October 2018, the VA implemented new rules that have made it even more difficult for veterans to receive the benefits they earned. It is obvious to observers that these rules have reduced VA approvals of claims for a benefit that was promised to our veterans—and their target is our Greatest Generation of war heroes. Shame on the VA.

The ironic thing about these rules is that they assume that every financial or planning action by a veteran is to become eligible for a program that they likely don’t know exists. Most veterans have no clue that the VA has any program to help them with long term care expenses.

Under the current rules:

  • Veterans who have used a revocable living trust as part of their estate plan can be penalized.
  • Veterans who tithe to their church or make gifts to their children can face a penalty period due to a 3-year look-back on asset transfers.
  • The rules can create harsh penalties for widows, making the widow’s pension almost impossible to receive.
  • The regulations often do not allow for any “hardship” to be considered; veterans and their widows are simply denied based upon complex rules that most people will unintentionally violate.

These denials can result in veterans who might otherwise be eligible for Pension reimbursements also being denied other critical benefits, like free medical care and free medication from the VA.

The reality is that these strict rules can force veterans who would otherwise qualify for this benefit to seek admission to Nursing Homes in order to go on Medicaid to pay for their care, costing taxpayers far more money than keeping our veterans at home.

The bottom line is that navigating the current system to get the VA Pension benefit is more complicated than ever. To deny these war period veterans the dignity they deserve is downright shameful, but there are still legal strategies to help families qualify. If you believe you or a loved one may be eligible, it is critical to seek professional guidance. Call our office at (919) 256-7000 to schedule a consultation.