The document discusses various exclusions from countable income for determining VA benefits eligibility, such as unreimbursed medical expenses and welfare. It also discusses proving validity of marriage, estate planning considerations that differ between Medicaid and VA aid & attendance, factors considered for determining the need for aid & attendance, and criteria for being found disabled by the VA. The document provides guidance on powers of attorney, guardians, and appointing a fiduciary to receive pension payments for an incompetent claimant.

1. EXCULSIONS FROM COUNTABLEEXCULSIONS FROM COUNTABLE
INCOMEINCOME
 UNREIMBURSED MEDICAL EXPENSES,UNREIMBURSED MEDICAL EXPENSES,
 WELFARE,WELFARE,
 MAINTENANCE, FURNISHED BY AMAINTENANCE, FURNISHED BY A
RELATIVE, FRIEND, OR CHARITABLERELATIVE, FRIEND, OR CHARITABLE
ORGANIZATION ,ORGANIZATION ,
 VA PENSION BENEFITS,VA PENSION BENEFITS,
 REIMBURSEMENT FOR CASUALTYREIMBURSEMENT FOR CASUALTY
LOSSES,LOSSES,

2. EXCLUSIONS FROM COUNTABLEEXCLUSIONS FROM COUNTABLE
INCOMEINCOME
 PROFIT FROM THE SALE OFPROFIT FROM THE SALE OF
PROPERTY (UNLESS IN THE COURSEPROPERTY (UNLESS IN THE COURSE
OF BUSINESS),OF BUSINESS),
 VETERAN'S OR SPOUSE'S FINALVETERAN'S OR SPOUSE'S FINAL
EXPENSES ANDEXPENSES AND
 JUST DEBTS,JUST DEBTS,
 EDUCATIONAL EXPENSES,EDUCATIONAL EXPENSES,
 CHILD'S INCOME,CHILD'S INCOME,

3. EXCLUSIONS FROM COUNTABLEEXCLUSIONS FROM COUNTABLE
INCOMEINCOME
 CASH SURRENDER VALUE OF LIFECASH SURRENDER VALUE OF LIFE
INSURANCE ,INSURANCE ,
 MEDICARE PART D ASSISTANCE ORMEDICARE PART D ASSISTANCE OR
SAVINGS, ANDSAVINGS, AND
 LIFE INSURANCE PROCEEDS ON THELIFE INSURANCE PROCEEDS ON THE
POLICY OF A VETERAN.POLICY OF A VETERAN.

4. PROVING VALIDITY OFPROVING VALIDITY OF
MARRIAGEMARRIAGE
 SURVIVING SPOUSE PROVES THESURVIVING SPOUSE PROVES THE
VALIDITY OF THE MARRIAGE BYVALIDITY OF THE MARRIAGE BY
INCLUDING A STATEMENT OFINCLUDING A STATEMENT OF
MARRIAGE ON THE BENEFITSMARRIAGE ON THE BENEFITS
APPLICATION, WITH DETAILSAPPLICATION, WITH DETAILS
ABOUT ALL OF THE VETERAN ANDABOUT ALL OF THE VETERAN AND
SURVIVING SPOUSE'S MARRIAGES.SURVIVING SPOUSE'S MARRIAGES.

5. PROVING VALIDITY OFPROVING VALIDITY OF
MARRIAGEMARRIAGE
 THIS STATEMENT INCLUDES THETHIS STATEMENT INCLUDES THE
DATE AND PLACE OF EACHDATE AND PLACE OF EACH
MARRIAGE, TYPE OF MARRIAGE,MARRIAGE, TYPE OF MARRIAGE,
REASON THE MARRIAGE ENDED,REASON THE MARRIAGE ENDED,
AND THE DATE AND PLACE THEAND THE DATE AND PLACE THE
MARRIAGE ENDED ALONG WITHMARRIAGE ENDED ALONG WITH
A COPY OF THE MARRIAGEA COPY OF THE MARRIAGE
LICENSELICENSE ..

6. ESTATE PLANNINGESTATE PLANNING
 EXERCISE DUE CARE TRANSFERRINGEXERCISE DUE CARE TRANSFERRING
ASSETS AS THE RULES FORASSETS AS THE RULES FOR
QUALIFICATION UNDER MEDICAIDQUALIFICATION UNDER MEDICAID
AND VA AID AND ATTENDANCE AREAND VA AID AND ATTENDANCE ARE
DIFFERENT.DIFFERENT.

7. ESTATE PLANNINGESTATE PLANNING
 REMEMBER THAT A SPECIAL NEEDSREMEMBER THAT A SPECIAL NEEDS
TRUST - A TOOL FOR LONG-TERMTRUST - A TOOL FOR LONG-TERM
CARE PLANNING - DOES NOT REDUCECARE PLANNING - DOES NOT REDUCE
THE COUNTABLE NET WORTH FOR VATHE COUNTABLE NET WORTH FOR VA
PURPOSES. THE ONLY SIMLARITY ISPURPOSES. THE ONLY SIMLARITY IS
THE RULE REGARDING IRREVOCABLETHE RULE REGARDING IRREVOCABLE
TRUSTS TO WHICH THE APPLICANTTRUSTS TO WHICH THE APPLICANT
HAS NO RIGHT OR ACCESS.HAS NO RIGHT OR ACCESS.

8. OTHER PUBLIC BENEFITSOTHER PUBLIC BENEFITS
 THE SOCIAL SECURITY ACT REQUIRESTHE SOCIAL SECURITY ACT REQUIRES
AN SSI APPLICANT TO "TAKE ALLAN SSI APPLICANT TO "TAKE ALL
APPROPRIATE STEPS TO PURSUEAPPROPRIATE STEPS TO PURSUE
ELIGIBILITY FOR OTHER BENEFITS,“ELIGIBILITY FOR OTHER BENEFITS,“

9. VA AID & ATTENDANCEVA AID & ATTENDANCE
 THIS VETERAN’S BENEFIT CAN PLAY ATHIS VETERAN’S BENEFIT CAN PLAY A
CRUCIAL ROLE IN PLANNING FORCRUCIAL ROLE IN PLANNING FOR
LONG TERM CARE. IT CAN PROVIDE ALONG TERM CARE. IT CAN PROVIDE A
LIFE LINE THAT HOLDS OUT HOPE TOLIFE LINE THAT HOLDS OUT HOPE TO
A VETERAN AND HIS FAMILY.A VETERAN AND HIS FAMILY.

10. FACTORS CONSIDERD RE:FACTORS CONSIDERD RE:
NEED FOR AID & ATTENDANCENEED FOR AID & ATTENDANCE
 DRESS OR UNDRESS WITH HELPDRESS OR UNDRESS WITH HELP,,
 NOT NEAT AND PRESENTABLENOT NEAT AND PRESENTABLE,,
 NEEDS ASSIATANCE ADJUSTING ANEEDS ASSIATANCE ADJUSTING A
PROSTHETIC DEVICE .PROSTHETIC DEVICE .
 UNABLE TO FEED HIMSELF ORUNABLE TO FEED HIMSELF OR
HERSELFHERSELF

11. FACTORS CONSIDERED RE:FACTORS CONSIDERED RE:
NEED FOR AID & ATTENDANCENEED FOR AID & ATTENDANCE
 UNABLE TO ATTEND TO THE WANTSUNABLE TO ATTEND TO THE WANTS
OF NATURE, ANDOF NATURE, AND
 UNABLE PROTECT HIMSELF ORUNABLE PROTECT HIMSELF OR
HERSELF FROM THE DANGERS OF HISHERSELF FROM THE DANGERS OF HIS
OR HER DAILY ENVIRONMENT.OR HER DAILY ENVIRONMENT.

12. CRITERIA TO BE CONSIDEREDCRITERIA TO BE CONSIDERED
DISABLED BY VADISABLED BY VA
1.1. THE CLAIMANT REQUIRES LONG-THE CLAIMANT REQUIRES LONG-
TERM NURSING HOME CARETERM NURSING HOME CARE
2.2. CLAIMANT ISCLAIMANT IS CONSIDERED DISABLEDCONSIDERED DISABLED
UNDER SOCIAL SECURITYUNDER SOCIAL SECURITY
3.3. DISABILITY RENDERS CLAIMANTDISABILITY RENDERS CLAIMANT
UNEMPLOYABLE FOR LIFEUNEMPLOYABLE FOR LIFE
4.4. VA FINDS CLAIMANT TOTALLY &VA FINDS CLAIMANT TOTALLY &
PERMANENTLY DISABLEDPERMANENTLY DISABLED

13. POWERS OF ATTORNEY &POWERS OF ATTORNEY &
GUARDIANGUARDIAN
1.1. VA DOES NOT RECOGNIZE GENERALVA DOES NOT RECOGNIZE GENERAL
POWERS OF ATTORNEY PREPAREDPOWERS OF ATTORNEY PREPARED
AND SIGNED UNDER STATE LAWAND SIGNED UNDER STATE LAW
2.2. A GUARDIAN APPOINTED BY A STATEA GUARDIAN APPOINTED BY A STATE
COURT MAY FIND THAT VA MAY NOTCOURT MAY FIND THAT VA MAY NOT
ALLOW THE GUARDIAN TO FILE AALLOW THE GUARDIAN TO FILE A
CLAIM ON BEHALF OF ANCLAIM ON BEHALF OF AN
ADJUDICATED DISABLED CLAIMANTADJUDICATED DISABLED CLAIMANT

14. POWERS OF ATTORNEYPOWERS OF ATTORNEY
VA DOES NOT RECOGNIZE GENERALVA DOES NOT RECOGNIZE GENERAL
POWERS OF ATTORNEY PREPAREDPOWERS OF ATTORNEY PREPARED
AND SIGNED UNDER STATE LAW.AND SIGNED UNDER STATE LAW.
THE CLAIMANT MAY APPOINT A VATHE CLAIMANT MAY APPOINT A VA
ACCREDITED ATTORNEYACCREDITED ATTORNEY

15. GUARDIANGUARDIAN
A GUARDIAN APPOINTED BY A STATEA GUARDIAN APPOINTED BY A STATE
COURT MAY FIND THAT VA MAY NOTCOURT MAY FIND THAT VA MAY NOT
ALLOW THE GUARDIAN TO FILE AALLOW THE GUARDIAN TO FILE A
CLAIM ON BEHALF OF ANCLAIM ON BEHALF OF AN
ADJUDICATED DISABLED CLAIMANT.ADJUDICATED DISABLED CLAIMANT.

16. GUARDIANGUARDIAN
A STATE COURT APPOINTEDA STATE COURT APPOINTED
GUARDIAN IS NOT BEGUARDIAN IS NOT BE
AUTOMATICALLY RECOGNIZED ASAUTOMATICALLY RECOGNIZED AS
THE CLAIMANT’S REPRESENTATIVETHE CLAIMANT’S REPRESENTATIVE
PAYEE.PAYEE.

17. GUARDIANGUARDIAN
A STATE COURT APPOINTEDA STATE COURT APPOINTED
GUARDIAN IS NOT BEGUARDIAN IS NOT BE
AUTOMATICALLY RECOGNIZED ASAUTOMATICALLY RECOGNIZED AS
THE CLAIMANT’S REPRESENTATIVETHE CLAIMANT’S REPRESENTATIVE
PAYEE.PAYEE.

18. INCOMPETENT CLAIMANTINCOMPETENT CLAIMANT
WHERE THE CLAIMANT ISWHERE THE CLAIMANT IS
INCOMPETENT, THE VA HASINCOMPETENT, THE VA HAS BROADBROAD
POWER TO SELECT AND APPOINT APOWER TO SELECT AND APPOINT A
FIDUCIARY TO RECEIVE PENSIONFIDUCIARY TO RECEIVE PENSION
PAYMENTS ON THE CLAIMANT'SPAYMENTS ON THE CLAIMANT'S
BEHALFBEHALF..

19. DISCLAIMERDISCLAIMER
 THETHE INFORMATION PROVIDED IS ONLYINFORMATION PROVIDED IS ONLY
FOR INFORMATIONAL PURPOSES.FOR INFORMATIONAL PURPOSES.
GIVEN THE GENERALITY OF THEGIVEN THE GENERALITY OF THE
INFORMATION PROVIDEDINFORMATION PROVIDED ON THISON THIS
PROGRAM ,DO NOT ACT ON THEPROGRAM ,DO NOT ACT ON THE
INFORMATION SUPPLIEDINFORMATION SUPPLIED ,, RATHERRATHER
CONSULTCONSULT WITH A LAWYERWITH A LAWYER
COMPETENT IN IN VACOMPETENT IN IN VA
BENEFITS AND ELDERBENEFITS AND ELDER
LAWLAW..