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Improved Wartime Pension

By Michael D. Fowler, J.D., LL.M.

(Page 2 of 2)

If a married veteran already has an income of $2,020 per month or more, the initial VA reaction will be that the veteran cannot get the pension—his income already exceeds the maximum pension rate. The key here is to determine “income for VA purposes,” which is gross income less unreimbursed medical expenses. The cost of care in an assisted living facility, for example, can be treated in its entirety as unreimbursed medical expenses, therefore typically qualifying eligible veterans for the maximum pension rate.
Sometimes, the veteran needs assistance from a child or other relative who does not live in the same household. In that situation, we can help the veteran and the care provider enter into a written personal care agreement and the payments, under a properly drafted agreement, will also qualify as unreimbursed medical expenses to enable the veteran to receive the pension check.
Mr. Fowler has practiced in the Treasure Coast area since 1980, with an emphasis on Wills, Trusts and Estates since that time and has been a Florida Bar Board Certified Wills, Trusts and Estates Lawyer since 1992. He has also obtained Florida Bar Board certification in Elder Law, and is one of only 3 attorneys on the Treasure Coast to have such a distinction. Mr. Fowler is a member of the Real Property, Probate and Trust Law section and the Elder Law section of the Florida Bar and a member of the Academy of Florida Elder Law attorneys, the National Association of Elder Law Attorneys, and ElderCounsel, a membership organization of attorneys devoted to excellence in elder law services.

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