Why do I need an accredited VA attorney to apply for benefits?

The Department of Veterans Affairs requires that anyone who assists with a claim for compensation or pension must be accredited. Our Baton Rouge attorneys hold this essential accreditation, ensuring we are fully authorized to advise you, prepare your claim, and communicate directly with the VA on your behalf. This expertise is critical for navigating the complex application process and avoiding errors that cause delays or denials.

What are Aid and Attendance benefits, and who qualifies?

Aid and Attendance is the highest level of the VA Improved Pension, providing a monthly, tax-free monetary benefit to veterans or surviving spouses who require the “aid and attendance” of another person for daily living activities. Qualification depends on wartime service, age or disability, and financial thresholds for income and assets. It is a vital benefit to help cover the significant costs of in-home care, assisted living, or nursing home care.

I was told I have too many assets to qualify. Is that true?

While the VA does have an asset limit (or “net worth” ceiling), it is not an absolute barrier. This is a common myth. Through proactive legal and financial planning, it is often possible to structure your assets—such as reallocating funds into exempt resources like a home or vehicle—to meet the eligibility requirements while preserving your wealth for your family and care. An accredited attorney can assess your specific situation.

How does VA benefits planning work with Medicaid planning?

Coordinating VA and Medicaid planning is essential, as the rules for each program differ and can conflict. For example, a financial transfer made to qualify for VA benefits could create a penalty period for Medicaid. Our integrated “Five Point Review” ensures strategies for VA Pension, Medicaid, tax implications, and estate planning work in harmony. This prevents a plan for one benefit from inadvertently disqualifying you from another.

What if my initial claim for benefits was denied?

A denial is not necessarily the final word. Many valid claims are initially denied due to missing documentation, improper presentation of medical evidence, or procedural errors. Our attorneys can review your denial, identify the reason, gather the necessary supporting evidence, and help you file a compelling appeal or a new claim. It is crucial to act promptly, as there are strict deadlines for appeals.

Are VA benefits only for low-income veterans with service-connected injuries?

No. This is a key distinction. The VA Improved Pension (including Aid and Attendance) is a needs-based benefit for wartime veterans or their survivors who are elderly or disabled—it does not require a service-connected injury. The veteran must have served at least 90 days of active duty with one day during a defined wartime period and meet the financial and care need criteria.

Veterans Benefits & Elder Law Specialists in Baton Rouge, Denham Springs & Gonzales.

Welcome to Losavio & DeJean LLC, The Louisiana Elder Law Firm serving the Greater Baton Rouge, Greater Denham Springs & Greater Gonzales area.

Medicaid Qualifying

veterans benefits LAWYERS

Your Expert Baton Rouge Veterans Benefits Lawyers - Helping Families Plan for the Future.

To help veterans and their families obtain the benefits they have earned, it is important for your attorney to be formally accredited by the Department of Veterans Affairs (VA). This accreditation demonstrates that the attorney has the knowledge and authority to represent veterans before the VA, ensuring that their claims are handled with expertise. At Losavio & DeJean, LLC, a Louisiana elder law firm, all of our disability law attorneys are fully accredited by the VA in Baton Rouge. This ensures that your claim will be handled by an expert from start to finish, giving you peace of mind that your rights are being protected.

We specialize in assisting veterans and their families with applying for the VA’s Improved Pension Program. This vital need-based benefit provides a Special Monthly Pension (SMP) for wartime veterans and survivors who have limited income, are permanently and totally disabled, or are 65 years old or older. The pension is a crucial resource that helps offset the high cost of long-term care and provides additional income to cover necessary health expenses. There are three levels of SMP available, each designed to provide more income to support essential health care needs.

Submit a Claim for Veteran’s Benefits.

Our veteran benefits attorneys can assist you in determining your eligibility and guide you through the complex and sometimes lengthy process of applying for benefits. We understand the stress that comes with navigating the VA bureaucracy. We are here to serve as your advocate, gathering necessary medical and financial information, completing intricate forms accurately, and communicating with the VA to ensure you receive maximum benefits you are entitled to. We are a senior-focused elder law firm dedicated to seniors, families, and individuals with disabilities. We provide compassionate, empathetic, and specialized legal representation for veterans.

These SMPs include:

Low-income pension

Housebound benefits

Aid and Attendance benefits

Veteran Benefits: The Top 6 Myths

Misinformation can prevent deserving veterans and their families from receiving critical support. Here are some of the most common misconceptions:

Myth 1: Veteran must be injured during wartime.

FACT: The veteran must have served for at least 90 days during a specified period of time, which includes World War II, the Korean War, the Vietnam War and the Persian Gulf War. Disability is not required to be connected with service in order to qualify for an improved pension.

Myth 2: Having too much income disqualifies you.

FACT: The VA allows you to claim unreimbursed medical expenses (including premiums for Medicare, private insurance, the cost of home care aides, assisted living fees, and nursing home costs) as a deduction from your gross income. If these expenses equal or exceed your monthly income, you may be eligible for the maximum pension benefit.

Myth 3: Having too much in assets is an absolute barrier.

FACT: While there is no specific limit on net worth (which the VA does not clearly define, but instead reviews on a case-by-case basis), with proper planning, it may be possible to legally and ethically structure assets to meet the requirements. This often involves converting assets that are counted into exempt forms or using specific types of trusts.

Myth 4: You must be bedridden to receive benefits.

FACT: For Aid and Attendance benefits, you only need to require regular assistance with daily activities, be legally blind, or be a resident in a nursing home. Homebound benefits require you to be substantially confined to your home.

Myth 5: If you are a widow(er) and less than 65, then you don’t qualify.

FACT: There is no age limit for spousal survivor benefits. Any surviving spouse, regardless of their age, may be eligible if the veteran has met the service requirements and the surviving spouse meets the financial and medical eligibility criteria.

Myth 6: A financial advisor or someone else said you did not qualify.

FACT: VA pension rules can be complex and often misunderstood. We encourage you to consult our experienced team. Our consultation is free, and you could miss out on significant tax benefits due to incorrect advice.

Our Five-Point Holistic Review for Veterans

We offer an in-depth, comprehensive review designed to address all facets of your security and legacy:

01

VA Planning

Planning to help you qualify for VA Benefits.

02

Income Tax Planning

Attempting to reduce the taxes on transactions, such as transfer of home.

03

Life Care Planning

Planning to obtain the best quality life and care available.

04

Medicaid Planning

Working to reverse disqualification from transfers to obtain VA approval.

05

Estate Planning

Plan for your heirs to receive their inheritance.

You Served Our Country. Let Us Serve You.

Securing the benefits you have earned through your service should not be a struggle. At Losavio & DeJean, LLC, we strive to make this process as smooth and stress-free as possible for you. With our knowledge, dedication, and respect, we will fight this battle for you. Contact our Baton Rouge office today to schedule a free, confidential consultation with one of our accredited VA attorneys. Let us help you discover how we can assist you in accessing the resources you deserve to live with dignity, security, and peace of mind.

Common Claim for Veterans Benefits Frequently Asked Questions

Why do I need an accredited VA attorney to apply for benefits?
The Department of Veterans Affairs requires that anyone who assists with a claim for compensation or pension must be accredited. Our Baton Rouge attorneys hold this essential accreditation, ensuring we are fully authorized to advise you, prepare your claim, and communicate directly with the VA on your behalf. This expertise is critical for navigating the complex application process and avoiding errors that cause delays or denials.
Start Your Case with Us Today
What are Aid and Attendance benefits, and who qualifies?
Aid and Attendance is the highest level of the VA Improved Pension, providing a monthly, tax-free monetary benefit to veterans or surviving spouses who require the “aid and attendance” of another person for daily living activities. Qualification depends on wartime service, age or disability, and financial thresholds for income and assets. It is a vital benefit to help cover the significant costs of in-home care, assisted living, or nursing home care.
Start Your Case with Us Today
I was told I have too many assets to qualify. Is that true?
While the VA does have an asset limit (or “net worth” ceiling), it is not an absolute barrier. This is a common myth. Through proactive legal and financial planning, it is often possible to structure your assets—such as reallocating funds into exempt resources like a home or vehicle—to meet the eligibility requirements while preserving your wealth for your family and care. An accredited attorney can assess your specific situation.
Start Your Case with Us Today
How does VA benefits planning work with Medicaid planning?
Coordinating VA and Medicaid planning is essential, as the rules for each program differ and can conflict. For example, a financial transfer made to qualify for VA benefits could create a penalty period for Medicaid. Our integrated “Five Point Review” ensures strategies for VA Pension, Medicaid, tax implications, and estate planning work in harmony. This prevents a plan for one benefit from inadvertently disqualifying you from another.
Start Your Case with Us Today
What if my initial claim for benefits was denied?
A denial is not necessarily the final word. Many valid claims are initially denied due to missing documentation, improper presentation of medical evidence, or procedural errors. Our attorneys can review your denial, identify the reason, gather the necessary supporting evidence, and help you file a compelling appeal or a new claim. It is crucial to act promptly, as there are strict deadlines for appeals.
Start Your Case with Us Today
Are VA benefits only for low-income veterans with service-connected injuries?
No. This is a key distinction. The VA Improved Pension (including Aid and Attendance) is a needs-based benefit for wartime veterans or their survivors who are elderly or disabled—it does not require a service-connected injury. The veteran must have served at least 90 days of active duty with one day during a defined wartime period and meet the financial and care need criteria.