We here at Elder Law of Louisville are not in favor of the VA's proposed changes to the Aid & Attendance Benefit. We have several reasons why and are working to spread the word as to why these changes just don't make sense. Here is issue #1:
A government agency cannot unilaterally change the law when Congress reviewed this issue each year for the past 2 years and did not pass these changes into law. The VA does not have authority to implement regulations that are stricter than the statutes in place. For example, the net worth rules require the VA to consider age, marital relationship, income, medical expenses and assets when determining whether or not a veteran has excessive net worth. This means Congress intended a sliding scale of net worth eligibility, with younger disabled veterans being allowed to retain more in assets than older since younger disabled veterans will need more money to pay for care over their life expectancy. The VA's proposed rule of a flat $119,220 asset limit does not take anything into consideration.