Income Test

All income in the veteran’s name will be counted in determining eligibility.  Income includes social security, railroad retirement, pensions, and IRA distributions.  If the veteran is married, then the dependent’s (the spouse) income is also considered in the calculation.  As a general rule, if the veteran’s and/or widow(er)’s income is greater than a prescribed Maximum Annual Pension Rate (MAPR), then the veteran and/or the widow(er) will not meet the income test.  However, there is an exception to this general rule.

For any amounts of income paid out on unreimbursed medical expenses (UMEs) of the veteran and/or widow(er), there is a corresponding reduction in the total annual income up to 95% of the UMEs.  If a veteran and/or widow(er) has significant UMEs, then the veteran and/or widow(er) essentially lowers his or her total annual income below the VA’s income levels.

What are a few examples of UMEs?  Medicare supplemental premiums and Part B and Part D premiums.  Out of pocket doctor's and dentist’s fees and co-payments for medical services and prescriptions.   Also included in UMEs are the costs of care, such as the monthly rent paid to an Assisted Living Facility or home health companies for in-home care services.  With appropriate legal planning, even the adult child caregiver can be paid, which allows such payments to be considered UMEs.

When Is There a Fee for Assistance?

Attorneys may charge a legal planning fee to assess whether there are any benefits you may be eligible for through the VA and develop a comprehensive plan to enable you to achieve these benefits. However, no one, not even an attorney, can charge you to assist with the preparation, presentation, and prosecution of your claim.