Hanlon Niemann Blog | A Freehold, New Jersey Law Firm

Fredrick P. Niemann, Esq., NJ Veterans Attorney

Nursing home coverage for veterans is available from two sources within the Department of Veterans Affairs — the veteran’s health care system and the state veteran’s homes system.

Nursing Home Coverage Through the VA Health Care System
Nursing home coverage along with other long term care services such as home care and assisted living as well as geriatric care management are available through the Veterans Health Administration for qualifying veterans.

In order to get into the veterans health care program, the veteran must have service-connected disabilities, or be below a qualifying income level or be receiving Veterans Pension income. Once in the system, veterans are not guaranteed long term care services, including nursing home care, unless they meet specific requirements. Here is a list of these requirements for nursing home coverage.

Who is Eligible for Nursing Home Care

• Any veteran who has a service-connected disability rating of 70 percent or more; 
• A veteran who is rated 60 percent service-connected and is unemployable or has an official rating of “permanent and total disabled;” 
• A veteran with combined disability ratings of 70 percent or more; 
• A veteran whose service-connected disability is clinically determined to require nursing home care; 
• Non-service-connected veterans and those officially referred to as “zero percent, non-compensable, service-connected” veterans who require nursing home care for any non-service-connected disability and who meet income and asset criteria; or 
• If space and resources are available, other veterans on a case-by-case basis with priority given to service-connected veterans and those who need care for post-acute rehabilitation, respite, hospice, geriatric evaluation and management, or spinal cord injury.

VA’s nursing home health system programs include VA-operated nursing home care units and contract community nursing homes. Many VA hospitals operate nursing home care units located in or near the hospital. Other hospitals, without adequate nursing home beds, contract with approximately 2,500 community private nursing homes nationwide to provide services.

State Veterans Homes
State veterans homes fill an important need for veterans with low income and veterans who desire to spend their last years with “comrades” from former active-duty. The predominant service offered is nursing home care. VA nursing homes must be licensed for their particular state and conform with skilled or intermediate nursing services offered in private sector nursing homes in that state. State homes may also offer assisted living or domiciliary care which is a form of supported independent living.

Every state has at least one veterans home and some states like New Jersey have three (3) of them. There is great demand for the services of these homes, but lack of federal and state funding has created a backlog of well over 130 homes that are waiting to be built.

Unlike private sector nursing homes where the family can walk in the front door and possibly that same day make arrangements for a bed for their loved one, state veterans homes have an application process that could take a number of weeks or months. Many state homes have waiting lists especially for their Alzheimer’s long term care units.

No facilities are entirely free to any veteran with an income. The veteran must pay his or her share of the cost. In some states the veterans contribution rates are set at a certain level and if there’s not enough income the family may have to make up the difference. Federal legislation, effective 2007, also allows the federal government to substantially subsidize the cost of veterans with service-connected disabilities in state veterans homes.

Eligibility and Application Requirements for State Veterans Homes
From state to state, facilities vary in their rules for eligible veterans. And even in the same state it is common, where there is more than one state home, for some homes to have very stringent eligibility rules and others to be more lenient. New Jersey’s regulatory criteria are uniform.  These differing rules are probably based on the demand for care and the available beds in that particular geographic area.

Federal regulations allow that 25% of the bed occupants at any one time may be veteran-related family members, i.e., spouses, surviving spouses, and/or gold star parents who are not entitled to payment of VA aid. When a State Home accepts grant assistance for a construction project, 75% of the bed occupants at the facility must be veterans.

Domicile residency requirements vary from state to state. New Jersey requires an applicant to be a NJ resident domiciliary.

All states require an application process to get into a home. Typically a committee or board will approve or disapprove each application. Many states have waiting lists for available beds.

For further information and advice in any veterans, do not hesitate to contact me at 732-863-9900 Ext. 101 or 105, or fniemann@hnlawfirm.com.

Fredrick P. Niemann, Esq. of Hanlon Niemann, P.C., a Freehold Township, NJ law firm with a significant elder law practice, was accredited by the US Veteran’s Administration as a certified attorney accredited to file, prepare, counsel and assist veterans and their families in Aid and Attendance pension benefits.  This pension is extremely valuable to NJ’s struggling families facing large and increasing long term care costs for assisted living and nursing home care.  It is a pension available to aging veterans 65 and older as well as veterans who are disabled or blind, and their surviving spouses.  Monthly benefits can exceed $1,880 per month. 

Benefits for Aid and Attendance are seldom applied for by eligible veterans, and Mr. Niemann is actively working to inform NJ veterans who are facing declining health or spending significant monthly income for medical and care costs.  He can be reached at (732) 863-9900 or fniemann@hnlawfirm.com.  Hanlon Niemann is located at 3499 Route 9 North, Freehold, NJ 07728.

Why is it important for government agencies, care providers or eldercare advisers to know about this Pension?

The national care planning Council estimates that approximately 11.5 million seniors — about 33% of all people over 65 — could qualify for Pension or Death Pension by meeting the tests outlined in this fact sheet.  That’s how many war veterans or their surviving spouses or their living spouses there are in this country.  Unfortunately, few people know how to get this benefit and currently only about 543,000 individuals are actually receiving it.  This represents only 4.7% of those who could be eligible.

What is Pension?

Improved Pension and Death Pension are disability income programs available to veterans or to the single surviving spouses of deceased veterans.  The veteran had to have served on active duty at least 90 days with one of those days during a period of war.  Service in combat is not required, only that the veteran was in the service during wartime and was discharged honorably.  Charts showing the available amount of income and the dates for wartime service are included below.

There is a sister benefit to Pension called Compensation.  This is for veterans who are disabled because of injuries or illnesses incurred while on active duty.  Compensation is generally the more desirable benefit for a number of reasons we will not go into here.  A veteran household cannot receive Pension and Compensation at the same time.  A decision must be made as to which benefit is better and the veteran must choose only that benefit.

In order to receive the benefit, a veteran household must meet the criteria above as well as meeting an income and an asset test and, in most cases, a medical needs test. 

Think you may qualify?  Contact Fredrick Niemann today.

The Department of Veterans Affairs (VA) today announced it will provide nearly $4.7 million for “caregiver assistance pilot programs” to expand and improve health care education and provide needed training and resources for caregivers who assist disabled and aging veterans in their homes.

“This funding will enhance support and training for the family members and other caregivers who sacrifice to care for disabled and aging veterans,” said Acting VA Secretary Gordon H. Mansfield.  “At VA, we’re committed to looking after caregivers who dedicate their own time and well-being to take care of loved ones who are veterans.”

The pilot programs will support eight caregiver projects across the country.  In addition, VA provides support and assistance through a variety of programs such as care management, social work service, care coordination, geriatrics and extended care, and through its nationwide volunteer programs.

Among the key services provided to caregivers are transportation, respite care, case management and service coordination, assistance with personal care (bathing and grooming), social and emotional support, and home safety evaluations.

Education programs teach caregivers how to obtain community resources such as legal assistance, financial support, housing assistance, home delivered meals and spiritual support.  In addition, caregivers are taught skills such as time management techniques, medication management, communication skills with the medical staff and the veteran, and ways to take better care of themselves.

Many of the projects use technology, including computers, Web-based training, video conferencing and teleconferencing to support the needs of caregivers who often cannot leave their homes to participate in support activities. 
 
The VA pilot programs include:

• At the Memphis (Tenn.) and Palo Alto (Calif.) VA medical centers, a project will provide education, support and skills-building to help caregivers manage both patient behaviors and their own stress.  This intervention will be provided in 14 Home-Based Primary Care (HBPC) programs across the country and also to caregivers in non-HBPC settings at the Palo Alto VAMC.
• At the VA medical center in Gainesville, Fla., caregivers will take part in a Transition Assistance Program to provide skills training, education and supportive problem solving using videophone technology.
• At the VA Healthcare System of Ohio, headquartered in Cincinnati, caregiver advocates will be available around the clock to coordinate between VA and community services.
• At the VA Desert Pacific Network and the VA Sierra Nevada Healthcare System, VA will work with a community coalition to provide education, skills training and resources for caregivers of veterans with traumatic brain injury using computer-based telehealth, including Web, telephone and videoconferencing.
• At the VA medical center in Albany, N.Y., a pilot project will convert a three-hour workshop developed by the National Family Caregivers Association called “Communicating Effectively with Health Care Professionals” into a cost-effective multimedia format.
• At the Atlanta VA Medical Center, use of computer-based technology will provide instrumental help and emotional support to caregivers who live in remote areas or to those who cannot leave a patient alone.
• The Tampa VA Medical Center and the Miami VA Healthcare System are working on a collaborative project.  In the Tampa area, the current program will be expanded to provide 24-hour in-home respite care to temporarily relieve caregivers up to 14 days a year.  In Miami, the program will coordinate comprehensive community-based care services, including respite, home companions, adult day care and use of emergency response system.
• The VA Pacific Islands Health Care System will use the “medical foster home” model of care, in which caregivers in the community take veterans into their homes and provide 24-hour supervision.  This program will take place on the islands of Kauai, Hawaii, Maui and rural areas of Oahu.