A new proposed rule from the U.S. Department of Veterans Affairs is being called an “attack” on veterans and their families by Forbes. Alesha Ebeling writes on Forbes’ website that this rule attempts to prevent people from giving away their assets and applying for veterans benefits, but she notes that veterans believe this may cause harm by making a difficult process even harder and more arduous.
The VA pension rule provides money to veterans and their surviving spouses for daily assistance in necessary activities. Currently, the rule is that if veterans get down to $80,000 in assets, including houses and cars, and have medical expenses that are more than than their income, they may qualify.
The proposed changes would establish a 36 month look-back period, make a new limit of $119,220 and have a 10 year penalty period when it comes to gifts, thereby making it much more difficult for veterans and their families to obtain.
Bernard Krooks, a New York attorney and Forbes contributor, said these rules are “an attack on our nation’s veterans and their families; it’s a huge change from the status quo.” However, the proposed change is coming after attempts to pass a look-back rule in Congress failed, so if this change is made administratively, it can be challenged in court.
The benefit that VA officials want to make more difficult to obtain provides elderly veterans and their spouses with funds for assisted living. This is a very important benefit for our veterans and should not be limited, as veterans have earned these critical benefits through service to our country.
Essentially, the VA appears to want to treat U.S. veterans as welfare recipients by applying Medicaid and Medicare standards to VA benefits. If such rule is imposed upon these benefits, litigation should be commenced to overturn such arbitrary and capricious administrative action.