PSP Questions

 

Question #11 
   

FYI...I am 60% disabled. Does my spouse and I qualify for nursing home care when and if the time comes?  Also, will the VA try to recoup any costs like my home or savings?

 


A1:  You will get your compensation or VA pension, Social Security if it applies, and Aid and Attendance.  (PD) 3/27/2016
 
A2:  If you do not have your retirement home and other assets in a revocable trust the proper period of time before you have to use a nursing home then the VA can use what the Government calls a claw back.  I suggest that you talk to an expert (I am not one of those I know just enough to be dangerous) on how much time is required to not be eligible for a claw back.  This is currently legal so please get the best advice you can.  The main thing is if you are the first to go into the nursing home you spouse is (under current legislation) allowed to occupy your residence until she is deceased if you are the one to pass first.  Again, see an expert where you live.  (CP) 3/27/2016
 
A3:   Currently, there is no "look back" period, as with other government programs, such as Medicaid. The VA looks at the value of assets on hand at the time of Aid & Attendance application.  The VA does not count your primary residence or automobile as assets. (RJ) 3/28/2016  

 

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Question #12 

 

My son was born 1958 about year and half after I returned from Vietnam. I am 100% Disable Veteran and he was born with Poland Syndrome, Hand (right) is 50% deformed and has had about 12 operations to assist him. He also has deformity of chest and and undecinded testicle and this condition has prevented him from acquiring good paying jobs due to his condition.  I applied for compensation from the VA and was turned down. Recently, a friend told me he could qualify now due to changes and policies. He is a single father and in need of assistance. Could he qualify now?  Can the Texas Vet Commission help me?

 


A1:  Unfortunately the VA will not provide assistance for your son. The only medical issue related to Agent Orange recognized by the VA is spinal Bifida. If he was born post Vietnam, then he is no longer a dependent under VA rules. I can only suggest searching for other resources to help him. You can talk to the TVC, and see if they know of anything.  (PD) 3/27/2016

A2:   Currently from the information I have you may have been given some bad information.  The only disability that the VA currently recognizes for the children of Male Viet Nam veterans' is spina bifida.  The other issue is the date of your son's birth.  The question that I have is the date of birth of your son.  If the date of 1958 is correct then the VA will not recognize that you were exposed to Agent Orange.  The dates of exposure is listed as being from 1962 to 1972.  If the year 1958 is a typo then your son was born four years prior to the date the VA concedes that Agent Orange was being used in Viet Nam.  The next question I have is  "Were you a Marine who was assigned to Camp LeJeune more than 30 days anytime from 1953 to 1987?

I am not expert but here is some information from the VA on the CLCW.

Eligible family members receive reimbursement for out-of-pocket medical expenses incurred from the treatment of qualifying health conditions after all other health insurance is applied.

Qualifying health conditions include:

Esophageal cancer
Breast cancer
Kidney cancer
Multiple myeloma
Renal toxicity
Female infertility
Scleroderma
Non-Hodgkin's lymphoma
Lung cancer
Bladder cancer
Leukemia
Myelodysplastic syndromes
Hepatic steatosis
Miscarriage
Neurobehavioral effects
- See more at:
http://www.publichealth.va.gov/exposures/camp-lejeune/index.asp#sthash.oteR27Pf.dpuf

The Texas Vets Commission should be able to give you some information, but will need more information than in the question above.  (CP) 3/27/2016

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