Preserving & Protecting Your Family’s Assets & Legacy

Interaction Of VA Benefits And Medicaid

Veterans receiving cash benefits through the Veterans Administration (VA) face specific rules regarding their monthly payments and spend-down requirements for Medicaid eligibility in New York.

If you have an elderly loved one in your family in New York who is receiving pension or compensation benefits through the VA and requires long-term residential care, talk to Futterman, Lanza & Pasculli, LLP. From our offices in Smithtown, Garden City and Bay Shore, our team of dedicated elder law attorneys and staff focus our practice on meeting the needs of the elderly, and in particular, veterans.

When Veterans Benefits And Medicaid Benefits Are Needed

Under current Medicaid rules administered by the state of New York, a veteran’s pension is reduced when Medicaid is the source of payment for the veteran’s nursing home care. For example, the aid and attendance pension is reduced to $90 monthly. However, this is significant when added to the $50 personal needs allowance Medicaid offers.

  • There are special exceptions for veterans residing in New York state veterans homes. These veterans get to keep a much larger portion of their veterans pension without jeopardizing their Medicaid eligibility.
  • The VA only pays in full for a veteran’s nursing home care under limited conditions. For example, if a veteran has a service-related disability rated at 70 percent or more, the VA is responsible for nursing home payment, whether or not the placement is due to the service-related disability.
  • It is also possible to receive Community Medicaid (home care) and retain some pension benefits. Our law firm is extremely knowledgeable regarding all geriatric services offered by the VA and can assist you in advocating for and obtaining for you or your loved one these benefits.

Discuss The Interaction Of VA Benefits And Medicaid With A Knowledgeable Lawyer

Stop worrying about what option will be best for your elderly loved one. Call us and let us help you understand the benefits veterans are entitled to and how Medicaid planning may affect those benefits. Call us at 631-894-4730 or contact us by email to learn more.

An Elder Law And Estate Planning Law Firm On Your Side.