Is there now a look back period for applying for VA benefits?

We applied for Dad in November 2015 and were only required to submit their most recent bank statement. Perhaps the rules are changing...

I think when I applied for aid and assistance, I supplied 12 months of bank statements. In that time, I had taken Moms CDs and cashed them in and transferred the money to her checking account for her AL payments. I showed proof of that.

I applied for Veterans Aid and Assistance for my dad about a year ago. There was no "look back." That is more for Medicaid. The VA looks at total assets and monthly income. It took six months to get approved, but it has been a lifesaver for my parents financially. The VA application process was as slow as Christmas, even though we paid a private company to help us submit the application. I don't regret using them because they were so valuable in helping us understand exactly what had to be done to complete the application. At one point, the application was routed to the wrong office, but the company was able to make some contacts and get the application back on track. What we were told the main thing the VA monitors is the monthly income. Don't let it get above $14,000.

They are wrong. We here this quite often but can not find out who is putting out this bad information. The VA has continuously postponed the implementation of these changes to the rules. There is some doubt whether the VA has the legal authority to implement the proposed changes to the pension rules.

I am certainly NOT an expert, but my understanding, based on my Mom's application and our discussions, is that your Mom is eligible back to your Dad's death, but she must meet both some financial criteria and some medical criteria. If she didn't meet both in the month he died, then she cannot get the Aid and Attendance until the month she met both those requirements. I do not remember the financial criteria right now, but my Mom was home with caregivers when my Dad died, and while she had some assets left....a couple thousand in life insurance plans, where I was the beneficiary, and a car and an RV, plus some left in the bank/checking account....she was at the end of her assets basically. The lawyer and I had been planning how to tell her that she was going to need to sell the house and move into assisted living because 6 hours of caregiving, plus the expenses of keeping up her house was costing as much as assisted living AND she needed more in home care. She lived alone in her town. Her income, after Dad died, was his SS check plus a small retirement check of his. What was going out in medical costs was more than what those two checks brought in so she was eligible based on financial need. She would continue to be qualified based on moving into Assisted Living too. On the medical qualification, the person must need help with their activities of daily living....eating, cooking, dressing, bathing and other self care. My Mom was diagnosed with Alzheimer's, told not to drive anymore, and thus, living alone, she had no way to even get groceries, or go to medical app'ts. Plus she has lung and heart problems, and lived on oxygen and 3 to 5 nebulizer treatments/day to help her breathe. With her Alzheimer's she could not always remember to take meds on time. It was not safe for her to cook many things, so she was living on frozen meals that could go in the microwave...but not a balanced meal. These are all why she had caregivers for most of her waking time. So she qualified on the medical aspects back to when Dad died. There is a website that helped me when I had questions: www.vetangels.org The people on that site work for or have worked for the VA in screeening applications for Aid and Attendance. I was assigned to one lady, who was even more helpful than the VA Rep I was assigned to. I found them, when I had questions about the back pay and why it was coming after the monthly checks started coming. They really know the rules and they do not take your info back to the VA. My gal just helped me understand what I needed to do or say, and what 'buzz words' to use that would be acceptable to the VA in terms of my questions. I had to turn in a form, that Mom had to sign, to have me named as fiduciary for Mom. This gal actually put the exact sentences all written in an email that I should write in on the form and then have Mom sign in. The VA site said I would have to have an interview and Mom would have to be interviewed....and that was a problem for Mom...and I had questions about if we were going to have to 'give up' the back pay because Mom was not willing to meet with anyone and give them any info....and I was reassured to find out the website was wrong, and an interview was not necessary because Mom had already been approved via her application etc. It's a long story...but I got a quick, useful answer with directions as to what to write that would get it approved.

Could someone please explain what is meant in these discussions by "look back"? My mother receives $350 per month for Aid and Attendance. That's all she was eligible for because she draws my dad's ss check and a VA pension based on his service. She only recently started receiving this $350. Is she eligible to draw it all the way back to when Dad died, five years ago?

We applied for Aid and Attendance for my Mom, last February. She just received her first check this month. We are still waiting for back pay. The only 'look back' I had to go through, is that her income and expenses had to be reviewed for every month since my Dad died (he was the WWII vet), which was August, 2015. She had to meet both financial and medical requirements in a month, and the benefits would pay back to that month. She had no problems meeting medical criteria. After submitting the application, they determined she met the financial requirements all the way back to Dad's death, because she was living at home with caregivers coming in, and therefore, her medical costs exceeded her 'income'....which was Dad's SS check and retirement check. She really had no other extensive assets they were concerned about, because we went through all those for Dad's rent in a dementia facility until he was eligible for Medicaid. He did not get Aid and Attendance, because there were too many assets when he applied, and then, another time, the Tucson rep helping said we should go for Medicaid because there was such a backlog of application ahead of him, that even though he was over 90 and thus, to be fast paced through the application process, they would likely never get him approved before he died. About a year ago, we moved Mom up here in a small town to be near me, and into Assisted Living....and we chose Aid and Attendance before Medicaid. It was a lot faster for her...perhaps they 'caught up' or perhaps because we were in a smaller town with less backlog. I'll never know, but we are thankful to have the approval now. I had an eldercare attorney office staff and a VA rep both helping me. It would have gone faster, but when they found that her checking account was in the name of her trust, they wanted a lot more info from the law office about the trust, and that delayed the process. Her trust at that point had no assets in it really. A couple small life insurance policies that had me listed as the beneficiary. It was not nearly the complicated process that it was getting Dad eligible for Medicaid!!

I doubt if I can answer your question except may be a clue for thought. people on the VA management payroll's first duty is to cover their rear on questions and wear you out by playing telephone tag by referring you to never never land and a dead end telling you how much they appreciate your service when they have never faced the grim reaper. There are others that offer FREE help to VETS but are really investment agents going after the Vets assets to rearrange into commissions for themselves .Beware of so called Vet or Elderly free help. Nothing in this world is fre except what God has given us ,and it has requirements
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Here is a link to the Proposed Regulations of the VA regarding this issue: https://www.federalregister.gov/articles/2015/01/23/2015-00297/net-worth-asset-transfers-and-income-exclusions-for-needs-based-benefits

The VA has not yet issued the Final Regulations but is expected to do so this year. See this article: http://blog.lawyerswithpurpose.com/2016/07/income-vs-asset-transfer-lookback-when-the-va-questions-income-prior-to-the-effective-date.html

There is no look back period although some agents may try to say there is. As of now, you are able to give away or transfer assets as long as you don't have "incidence of ownership" and have no control over that/those assets. They were talking about creating the 3 year lookback before the elections, but thought that would hurt the encumbent's chances of winning. The 3 year look back was put in front of congress 2x....and got shut down. They tried to push it through this time around congress....and nothing has been done yet.

You do need someone who understands the process to help. Giving assets away in the wrong way can cause the claimant to lose Medicaid help for a period of time. If assets are given to a person, and that person is involved in a Bankruptcy, Divorce, or litigation, MA doesn't care why, it will not cover for a period of time. If assets are put into an irrevocable trust and it is a lock box withouth provisions to pay for care during the 5 year MA lookback, MA won't pay for a period of time.

Qualified help is a must! Good Luck!

On Jan 23, 2015, The VA placed a notice in the Federal Register listing numerous proposed ARCANE rules and restrictions; which they considered that "public notice".

However, there were manny comments submitted by about 800 respondents. The VA should not be allowed to arbitrarily revise this benefit that has been in effect for years for WWII, Korea, and Vietnam ERA veterans and spouses.

That is breaking a promise!

The dollar amount of the benefit is only a very conservative financial assist, therefore the high expense of caring usually is not by any means offset by the benefit,

The length of time served (active) for Gulf War veterans is two years, for the others 90 days.

Most VA personnel are poorly trained on the specifics, and even requirements, and especially nuances. The new rules have NOT been implemented, however, it is unknown if the VA will take it upon themselves to suddenly do so, Basically as a way to eliminate claims and frustrate claimants.

As usual, offices and personnel "closing the door" on someone currently by using "lookback" (financial), [however, that area is complicated and VA personnel CANNOT advise on that aspect]. as an excuse is probably due to poor training, gross misinformation, quite possibly lack of real knowledge, and often due to speaking outside of their area of "practice", other instances it may be unwillingness for a number of reasons.

If you message me privately and live in Georgia I may provide proper education.

People who served can get monthly disability income if they have a service connected injury. However, people without a service connected disability can still qualify for other assistance such as aid and attendance if they reach low income guidelines. Passing and signing laws is not how this is done. The VA system pays and delivers healthcare to so many people, to me it is not a broken system. The wait time for appointments has been the issue in the news, but when I look at those averages they are not much different than the wait times in private care.

I'm not sure exactly what you are referring to when you say a "look back period", but VA benefits are based on the DD214 form the veteran receives upon retirement, and/or anything to prove the veteran served. Receiving disability requires the veteran to have proof the disability occur during or shortly after service. The VA is now recognizing certain conditions caused by Agent Orange during the Vietnam war and you can get that information from your VA enrollment counselor. You can go on va.gov.benefits or ebenefits.va.gov and research your particular question. There are also regional phone numbers you can call. Do not take the opinion of just one person before you find out from many sources. I just found (by accident) a VA Association which helps vets with issues. A veterans services representative should be working on your behalf. Keep digging until you find answers. The VA is broken and it will take decades to fix it. Good luck!

I have not heard that they have implemented a look back. I am in a VA support group and if this is something that they have done I am sure it would have been a topic of discussion. The facilitator of the group is a Social Worker that works at the VA and I am sure this is something that she would have mentioned.

The VA makes it up as they go along. I was denied aid-and-attendants because of look back. Good luck with that.

I just applied for my mom one month ago. Dad died in July so I have to start whole process over again. If I hear anything I can update you. Apply anyway......what do you have to lose...you'll never know...and you might be surpriised. This whole thing stinks but for some reason it was put in our paths and we will muddle though it till we get to the other side. Hopefully !