The Medical Needs Test

The Medical Needs Test If the veteran is younger than age 65, he or she must be totally disabled to receive the benefit.  Medical evidence must be submitted for these types of applications.  At age 65 and older there is no requirement for disability.  For a single surviving spouse applying for a Death Pension benefit, the deceased veteran did not have to meet any disability requirements nor does the surviving spouse need to meet any disability requirements, regardless of age.

VA will also provide additional income in the form of an allowance to the basic benefit if the veteran or the surviving spouse has a regular medical need for assistance or supervision due to disability.  If the non-veteran spouse of a living veteran has a regular medical need for assistance or supervision, under certain conditions, a benefit (not an allowance) may be available for the veteran that otherwise would not have been available. Allowances are granted for the regular need for "aid and attendance" or if the beneficiary is "housebound."

A medical need for assistance or supervision due to disability is in most cases crucial to getting the Pension benefit or not getting it.  A medical rating or a medical need for this disability care allows certain medical expenses and ancillary non-medical expenses to be annualized and subtracted from future annual income in order to meet the income test. Most veteran households could not get the Pension benefit without this special provision allowing the deduction of annualized medical and non-medical expenses associated with disability. 

The high cost of medical and non-medical expenses associated with long term care such as home care, assisted living or nursing home care are usually the trigger that allows medical deductions to qualify a veteran household for Pension. That is why only 4.7% of all eligible individuals are actually receiving Pension. Other eligibles don't know about this special provision allowing them to meet the income test or they are currently not in need of long term medical care.

Most of those people currently receiving pension benefits have low incomes and few assets and have met both the income and asset tests without the need for the special provision for medical expense deductions to reduce income.

fniemann@hnlawfirm.com

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New Jersey Veterans Benefit Lawyer