Arlington TX Veterans Benefits Law Firm

Arlington TX Veterans Benefits Law Firm

Paying for in home care, assisted living, or nursing care can be substantial.  In a 2011 survey conducted by Genworth Financial the national average monthly rate for assisted living is $3,178.  Alzheimer’s care in senior living residences adds an additional $1,150 for a total average monthly cost of $4,328.

If you have served in U.S. military while our country was declared at war, you may be entitled to up to $25,022 tax free per year.  Veterans Pension — more commonly known as the ”Veterans Aid and Attendance Benefit” — can provide money to pay for In Home care for veterans.  Aid and Attendance can also be used to pay for Assisted Living or for nursing home care for a veteran or the veteran's spouse/widow.

Veterans who qualify for the Veterans Administration (VA) Aid and Attendance Pension can get up to $2,085 per month in financial assistance, Income Tax Free.  A single veteran can receive up to $1,759 per month.  The widowed spouse of a veteran can receive up to $1,130 per month.  This can significantly help cover the cost of unreimbursed medical expenses for you and/or for your surviving spouse in your later years.

Elder Law attorney Guy Garner is a VA accredited attorney certified by the Veterans Administration, and he assists Veterans and their Widow(er)s with the VA Aid and Attendance Pension Program.  This is a seriously under-utilized and misunderstood benefit.  Due to his knowledge of the VA rules and regulations, Tax law and Trust law, Garner Law Firm, P.C. has been able to help qualify many people for Aid and Attendance Pension Benefits who have previously been told by the VA that they have too much income or assets to qualify.

Some key things to know about Aid and Attendance:

  • Aid and Attendance is a Pension benefit and is not dependent upon service-related injuries.
  • Wartime veterans and their surviving spouses may be eligible
  • Eligibility is determined according to your income and assets, but, unlike Medicaid, there is no “look-back” period to determine if you have recently transferred assets.  Certain medical and financial requirements must be met.
  • Benefits vary according to whether you are simply over 65 and receive the Basic benefit level, are Homebound, or need continual care by another person(s) — hence the name “Aid and Attendance.”
  • Benefits can be used to help pay for In Home care, an Assisted Living Facility, or nursing home care.

But how do you know how to qualify?

The VA does not make it clear who qualifies for the Improved Pension.  Applicants are told that eligibility is based on your income, but it is actually needs-based.  Once the applicant deducts their qualified unreimbursed medical expenses and assisted living care from their income, many will qualify who might not have without those deductions. 

It is not easy to determine who qualifies, but Garner Law Firm, P.C. can assist you in this complicated process.  Most veterans have never even heard about this benefit, and if they have, they are not given guidance on how to qualify.  Others are often told they do not qualify, based on incomplete information. 

We are trained in VA Pension planning and can assist you in qualifying by reviewing your income, expenses and assets, doing proper estate planning so that you will meet the eligibility tests, and assisting you in navigating the VA claim process.

Aid and Attendance Rules for Qualification

The War Veteran must have:

  • served 90 consecutive days on active military duty;
  • received a better than dishonorable discharge;
  • served at least 1 day of active duty during a war period (there is no requirement that any service be performed in a combat zone).

The Widow(er) must:

  • not have divorced the Veteran or remarried after the Veteran’s death.

The Claimant (Veteran or Widow/Widower):

  • must be certified by a doctor as needing assistance with their daily living activities.

The Household:

  • must have significantly less than $80,000 in Allowable Countable Assets (subject to the discretion of the VA);
  • the Adjusted Household Income (Gross Household Income less all unreimbursed recurring medical expenses) must be less than the Aid and Attendance Benefit.

Our Commitment

The decisions that a person makes with regard to financial planning and estate planning are some of the most important decisions they will make in their lifetime. These decisions significantly impact the quality of care a loved one receives, as well as the financial well-being of the whole family. 

We believe all citizens—and especially those who have served our country—deserve our best in helping them have adequate care in their later years.  At Garner Law Firm, we help Veterans and their families in obtaining the benefits they have earned.  


Visit our website,, which will provide you additional information on VA benefits. 

Call our Arlington, Texas, law firm today to see if you can qualify for Veterans Pension Benefits:  (817) 261-5222. 

The Garner Law Firm assists clients in Arlington, Texas as well as Mansfield, Fort Worth, Hurst, Bedford, Euless, North Richland Hills, Colleyville, Southlake, Grapevine, Coppell, Irving, Grand Prairie, Dallas, Duncanville, Cedar Hill and other communities in Tarrant County, Dallas County, Denton County, and Collin County.

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Enterprise Centre, 690 E. Lamar Blvd., Suite 115, Arlington, TX 76011
| Phone: 817-261-5222

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