Many of you will remember that on January 23, 2015, the Department of Veterans Affairs (“VA”) published some proposed rule changes. If adopted, these proposed rules would significantly affect the ability of veterans and their spouses to qualify for the VA pension benefit. One of the more significant proposed rules is a 36 month look back period for transfers for less than fair market value – i.e. gifts. Currently the VA does not penalize applicants for gifts. Although it has been nearly two years since the proposed changes were released, nothing has been finalized. Many thought the rule changes would be adopted in July of 2016 and when nothing happened in July, there was some speculation that the rule changes would be adopted in September or possibly in December. Lately, it has been reported that the VA will not publish the final rules before April of 2017. It seems clear at this point that no one knows for sure when the final VA rules will be adopted. Stayed tuned for further updates as they occur.
I’m often asked if I specialize in elder law. Not only do I answer “yes”, I typically try to explain the reason for my answer. While there are many attorneys who claim to be elder law attorneys, certainly not all specialize in it. I believe an attorney who claims to specialize in elder law should […]
As we previously explained, over two and one-half years ago, in January of 2015, the Department of Veterans Affairs proposed significant changes to the eligibility rules for VA pension benefits. After repeated delays in the implementation of the final rules, it is now being reported that the amendments to the 2015 proposed rule changes have […]
As we have discussed in previous newsletters, one of the best kept secrets of the Department of Veterans Affairs is the veteran’s pension for a non-service connected disability. This benefit – a pension program – does not require a wartime injury. It is available to veterans (and their spouses), provided the veteran is disabled, served […]