Sitterley Law, LLC
Veterans Administration Benefits

Veterans Affairs (VA) Benefits

In October 2018, the U.S. Department of Veterans Affairs significantly changed the eligibility requirements for Aid and Attendance benefits, resulting in requirements similar to Medicaid eligibility guidelines.

Guidelines For Obtaining VA Benefits


The veteran must have served at least 90 days active duty with a least one day during a wartime period:

  • World War II – December 7, 1941 – December 31, 1946
  • Korean War – June 27, 1950 – January 31, 1955
  • Vietnam Conflict – August 5, 1964 – May 7, 1975 if serving anywhere; February 28, 1961 – May 7, 1975 if in Vietnam
  • Persian Gulf August 2, 1990 – Present


Other than dishonorable.


Presumption of disability over age 65; or total disability caused without willful misconduct of claimant.


To qualify, “Income for Veterans Affairs Purposes,” or IVAP, must be $0 or less each month, based on total income minus unreimbursed medical expenses (“UME”).

Low-income veterans or surviving spouses may qualify for the following:

  • Veterans with no dependents $1,160/month
  • Veteran with one dependent $1,520/month
  • Widow(er) with no dependents $778/month
  • Healthy veteran, ill spouse $1,496/month

Housebound Veteran or surviving spouse considered to be disabled and confined to  the home:

  • Housebound Veteran no dependent $1,418/month
  • Housebound Veteran one dependent $1,7278/month
  • Housebound surviving spouse $951/month

Aid and Attendance – needs assistance with ADLs, blind, and/or in a nursing facility:

  • Veteran with no dependents $1,936/month
  • Veteran with one dependent $2,295/month
  • Surviving spouse $1,244/month

Asset Limitations

Net worth must be equal or less than $130,773for 2020, excluding residential real estate up to two acres, less the amount of mortgaged or encumbered property.

What Is A Look Back Period?

This is a 36-month period immediately preceding a VA claim made after October 18, 2018, in which all asset transfers made at less than market rate are reviewed. If such transfers are found, the resulting penalty period may be a maximum of five years, calculated using the maximum pension rate. The penalty period begins the month following the date of the last transfer.