VA Proposed Regulations Threaten Benefits for Wartime Veterans and their Spouses

The U.S. Department of Veterans Affairs has released proposed regulations that would make it even more difficult for veterans and their spouses to access VA Aid and Attendance benefits. In response to a GAO report decrying the predators that take advantage of veterans and sell annuities – the VA, instead of proposing any rules to outlaw or punish these predators, chose to punish the veterans.
Lacking any statutory authority, the VA’s package of onerous regulations is basically a mishmash of federal Medicaid and Supplemental Security Income (SSI) statutes. Medicaid is the federal/state health care program for low-income individuals and SSI is an income benefit program for low-income aged, blind and disabled individuals. The VA Aid and Attendance program is an additional pension for wartime veterans and survivors who are eligible for a VA pension and require the aid and attendance of another person, or are housebound. This program helps thousands of veterans remain out of institutionalized care.
Comments on the regulations were due March 24. The National Association of Elder Law Attorneys (NAELA) as well as CANHR submitted comments on the regulations. Senator Pat Toomey (R-PA) sent a letter to the U.S. Department of Veterans Affairs questioning the motive and legality of the proposed regulations without Congressional approval.
It’s not too late to stop these regulations! Send a letter to your Senators and Congressional representatives and ask them to stop these onerous regulations whose only goal is to deny benefits to wartime veterans.