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Is there a 60 month look-back period for VA Aid and Assistance like there is for Medicare?

Sacramento, CA |

My grandfather is going to apply for VA Aid and Assistance since he's a vet. But he has over the $80k limit. Can he remove the excess and then apply w/in a year?

Attorney Answers 4


  1. No-not the same look back as MEDICAID.
    Meet with a VA attorney to do the proper
    planning to qualify.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  2. No look back for VA but there are proposals to change that.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.


  3. You should meet with an elder law attorney prior to engaging in this type of planning on your own. As my colleagues have indicated, there is no look-back period for qualifying for the VA benefit you mentioned. However, VA planning should always be done with the Medicaid rules in mind because if the VA benefit won't get you through the Medicaid look-back period, then you may run afoul of the Medicaid rules and incur a penalty down the road. As I said, you should get with an experienced elder law attorney for assistance.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting.


  4. Planning for VA pension benefit is significantly different fron estate planning or Medicaid. You need to talk an attorney that specializes in VA pension planning.

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