Can a Veteran Get Aid and Attendance for His Spouse?
Understanding the qualifications for the Aid and Attendance benefit can be complex, especially when a spouse is involved. The benefit is an add-on to the VA's basic pension, meaning applicants must first qualify for the underlying pension program. A veteran can receive an increased pension rate if their spouse requires the aid and attendance of another person, and a surviving spouse can receive the benefit directly.
How a Veteran Can Qualify for a Higher Rate for a Dependent Spouse
For a veteran to receive a higher pension rate due to their dependent spouse's need for aid and attendance, they must first be eligible for the basic Veterans Pension. This needs-based benefit requires the veteran to have served during wartime, have limited income and assets, and meet certain service requirements. If the veteran meets these qualifications and their spouse requires assistance with activities of daily living, the veteran can receive a higher monthly payment. The VA calculates eligibility based on the combined household income and assets, minus non-reimbursable medical expenses.
How a Surviving Spouse Can Qualify on Their Own
After a veteran has passed away, their surviving spouse may be eligible for the Survivors Pension with Aid and Attendance, also known as Death Pension. The surviving spouse must not be remarried and must meet the income, net worth, and medical requirements. The veteran must have met wartime service requirements and been discharged under conditions other than dishonorable. The qualifying spouse must have a need for a caregiver's aid and attendance due to health issues.
Financial and Medical Criteria for the Benefit
To be eligible for Aid and Attendance, whether as a dependent or surviving spouse, applicants must meet strict financial and medical criteria. The VA assesses both income and net worth, though a primary residence and personal vehicle are generally not counted. A key factor is demonstrating the medical need for assistance with daily living, which requires documentation from a physician.
Medical Needs that Qualify for Aid and Attendance:
- Needing assistance with at least two activities of daily living (ADLs), such as dressing, bathing, feeding, or toileting.
- Being bedridden due to illness.
- Residing in a nursing home due to physical or mental incapacity.
- Having limited eyesight, defined as 5/200 or less corrected vision in both eyes or a restricted visual field.
How to Apply for Aid and Attendance
Filing an application for Aid and Attendance requires gathering extensive documentation to support the claim. While some families choose to navigate the process themselves, many seek assistance from a Veterans Service Organization (VSO) or an elder law attorney to ensure all forms are completed correctly.
Application Steps:
- Gather required documents: Collect the veteran's military discharge papers (DD-214), the veteran's death certificate if applicable, and all financial statements for income and assets.
- Obtain medical evidence: Have a physician complete VA Form 21-2680, Examination for Housebound Status or Permanent Need for Regular Aid and Attendance, detailing the applicant's medical condition and need for care. If the applicant is in a nursing home, VA Form 21-0779 is also required.
- Complete the correct VA form: Veterans apply using VA Form 21P-527EZ, while surviving spouses use VA Form 21P-534EZ.
- Submit the application: Mail the complete application packet to the appropriate Pension Management Center or submit it in person at a VA regional office. Filing an Intent to File form beforehand can secure an earlier effective date for benefits.
Comparison of Benefits: Aid and Attendance vs. Housebound Allowance
While Aid and Attendance and the Housebound allowance are both additional payments for VA pension recipients, they are distinct benefits, and you cannot receive both at the same time. The core difference lies in the level of medical need required.
| Feature | Aid and Attendance Allowance | Housebound Allowance |
|---|---|---|
| Eligibility | Added to Veterans Pension for those needing a caregiver for daily tasks. | Added to Veterans Pension for those substantially confined to their home. |
| Medical Criteria | Requires help with multiple daily activities (ADLs), being bedridden, living in a nursing home, or severe visual impairment. | Requires a single permanent disability rated as 100% disabling, which confines the applicant to their home. |
| Financial Criteria | Follows the same income and net worth rules as the standard Veterans Pension. | Follows the same income and net worth rules as the standard Veterans Pension. |
| Purpose | To help cover costs related to in-home care, assisted living, or nursing home care. | To supplement income for those permanently disabled and unable to leave home frequently. |
Conclusion
In conclusion, a veteran can get Aid and Attendance for their spouse, either indirectly by receiving a higher pension rate for a dependent or directly as a surviving spouse. Eligibility is determined by a combination of military service during a wartime period, financial needs, and, most importantly, the medical requirement for assistance with daily living activities. The application process is detailed and requires comprehensive documentation, but organizations like a VSO can provide invaluable assistance. Understanding the specific requirements for both the veteran and their spouse is the first step toward securing this important financial support for long-term care. For more information, visit the official VA website to explore detailed eligibility criteria and start the application process.
