Veterans Affairs

The Best Veteran Benefit You Didn’t Even Know Existed

In addition to other more well-known Veteran’s benefit programs, like service-connected disability payments and health care benefits, the Department of Veterans Affairs (the “VA”) administers a program that pays tax-free cash benefits to older, wartime vets and their surviving spouses who need assistance because of the natural disabilities associated with aging. This program is called VA Aid & Attendance. Here is a concise summary of the benefit program.

The Aid & Attendance Benefit

The A&A program pays the following maximum, tax-free defined benefit on a monthly basis and can help offset rising care costs.

Veteran/Veteran: $3,649 per month or $43,791 per year

Veteran/Spouse: $2,727 per month or $32,729 per year

Veteran alone: $2,300 per month or $27,609 per year

Spouse alone: $1,478 per month or $17,743 per year

+Dependents $235 per month or $2,831 per year

Net Worth: $155,356

The benefit can be used to pay for home care, assisted living care, nursing home care, or other personal expenses of the Veteran or surviving spouse.

Eligibility Requirements

There are three eligibility requirements for the program.

Service Eligibility – For the Veteran, this means 90 days on active duty (2 years after 1980), one day during “wartime,” and no dishonorable discharge. For the surviving spouse, this means that the deceased Veteran spouse was service eligible and the surviving spouse was married to the Veteran for at least one year before the Veteran’s death.
Medical Eligibility – The Veteran or surviving spouse must be 65 years of age and need help to be safe, with confirmation by a letter from a physician.
Financial Eligibility – The program is intended to benefit Veterans and their surviving spouses who are spending all or most of their regular income on long-term care needs. In addition, there are “net worth” rules. Working with the Legacy Elder Law Center, our clients can shelter unlimited family wealth by initiating trust planning at least three years before an application for benefits is filed. In 2021, even without preplanning, an applicant can be eligible with a “net worth” of up to $130,773 PLUS a home and vehicles.

No Charge to Process Applications

The Legacy Elder Law Center never charges a fee to prepare, file, and prosecute a VA Aid & Attendance application for a qualified Veteran or surviving spouse.

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Lisa Reeves

26/06/01

Great conversation. Eliz was very kind, personable and easy to understand. I trust the firm will do what they can to help me. Very honest.

Response from the owner:Thank you, Lisa, for your kind words and for taking the time to share your experience. We’re so pleased to hear that Elizabeth made you feel comfortable, listened to your concerns, and explained things in a way that was easy to understand. Building trust through honest guidance is very important to us, and we appreciate the opportunity to assist you.

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26/05/28

Professional, knowledgable, met expectations

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Gail Scott

26/05/26

Our questions were answered and helped us understand what was needed and not needed in regards to probate proceedings. Emily was very pleasant, professional and knowledgeable. It was great to still have legal offices that are willing to do a free consultation.

Response from the owner:Hi Gail, Thank you for your kind words. We’re so glad Emily was able to answer your questions and help make the probate process easier to understand. We appreciate you taking the time to share your experience and are pleased the free consultation was helpful.

deana galloway

26/05/16

Legacy was very helpful in explaining Medicaid policies and explaining how I can keep my assets. I look forward to working with them . A little pricey but i think it will be worth it. Thank you Elizabeth

Response from the owner:Thank you, Deana, for your kind review and for trusting Legacy with your planning needs. We’re so glad Elizabeth was able to help explain Medicaid and asset protection options in a way that gave you peace of mind. We appreciate your honesty and look forward to working with you moving forward.

Alyssa Duncan

26/05/14

I had a family member pass away and I was really distraught I really had no clue what to do and I worked with Emily and she really made the process seamless and she helped me and my family navigate how to go about the probate court. I was honestly clueless and having this firm for support really helped the process move smoothly. Moving forward I highly recommend this firm specifically Emily. Thank you so much. She made the process not so overwhelming

Response from the owner:Thank you, Lyssa, for your kind words and recommendation. We are very sorry for your loss and understand how overwhelming the probate process can feel during such a difficult time. We’re so glad Emily was able to provide guidance, support, and reassurance for you and your family during this challenging period. Helping families navigate probate with compassion and clarity is very important to us, and we truly appreciate you trusting our firm to assist you. We will be sure to share your thoughtful feedback with Emily. Thank you again for taking the time to share your experience.

William Butler

26/05/05

Provided strategic snd informative help in understanding the process of care for an aging spouse.

Response from the owner:Thank you, William, for your kind words. We’re glad we could provide strategic, informative guidance as you navigate care decisions for your spouse. These situations can be complex, and our goal is always to bring clarity and confidence to the process. Please don’t hesitate to reach out if you need anything further—we’re here to help.

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26/05/01

Excellent

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Melissa Baker

26/04/23

Very professional and knowledgeable. We highly recommend this law firm!

Response from the owner:Thank you, Melissa, for your kind words! We truly appreciate you taking the time to share your experience. It’s great to hear that you found our team to be professional and knowledgeable—that’s exactly what we strive for with every client. We’re grateful for your recommendation and were glad to have the opportunity to assist you!

Amber I

26/04/22

During a very difficult time in our lives losing our father, and everything surrounding the way it all happened, Emily was truly incredible. She went far beyond anything we could have hoped for, showing real compassion, strength, and unwavering support. She restored my faith in attorneys and helped carry my family through a time we will never forget. I’m forever grateful for her. Emily is truly one of a kind, a shining star in a dark tunnel. This team is lucky to have such a gem!

Response from the owner:Amber, thank you for taking the time to share this—especially during what sounds like an incredibly difficult and emotional time for your family. We are very sorry for your loss, and we truly appreciate you trusting us to be part of that process. Your words about Emily Wanchisn mean a great deal. She takes immense pride in supporting families not just legally, but personally, and it’s clear she made a meaningful impact for you when it mattered most. We’ll be sure to share this with her and the entire team. Thank you again for your kind words and for allowing us to assist your family during such a challenging time.

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