Rating Decision Granting 100% Disabled . . . Ancillary Benefits and Long-Term Estate/Elder Law Planning
As we had previously blogged, a number of veterans we represent involve the question of whether the veteran had sufficient service at or near Vietnam to qualify for presumption of service connection under 38 C.F.R. § 3.307(a).
In one such claim, located travel orders out of Vietnam provided sufficient information for the Department of Veterans Affairs (VA) to grant service connection for...
Disability of an aging parent with dependent adult disabled child poses special risks
I discussed in a previous post that increasing numbers of individuals with intellectual disabilities are living into their 60’s. What is now being seen is that the aging process for that child — including diseases of old age such as dementia — may start occurring when they are in their 50’s. The parent(s) may be in their 70’s or 80’s, with health care...
Access Point for Proposed Regulatory Changes to VA Title 38. . . and Miniature Horses
A question was posed a last week regarding how the Department of Veterans Affairs (VA) would rate Female Sexual Arousal Disorder (FSAD). While the condition is usually rated by analogy, I was able to recall that the VA had proposed a new diagnostic code for FSAD to Title 38’s Schedule for Rating Disabilities early this year. While I don’t believe this particular proposed change...
Adopting a child? Don’t forget to update your Will and estate plan!
The adoption of a child is an event filled with expectation, planning, longing, and finally, the excitement of completing the court proceeding that legalizes the adoption. So many things start to happen that it’s easy to lose sight of the need to protect the child in case of a tragedy. The way to do that is by preparing a Last Will and Testament that includes provisions for a Guardian as...
Special Needs Trust Fairness Act up for House Committee Hearing
Special Needs and other Medicaid issues will be on the discussion table this Friday September 18th at 9:00 am when the House Energy and Commerce Subcommittee on Health holds a hearing entitled Improving the Medicaid Program for Beneficiaries. The subcommittee will review and hear testimony on four pieces of legislation, including H.R. 670, the Special Needs Trust Fairness Act. The Special...
Board of Veterans’ Appeal’s Annual Report
Last week, the Board of Veterans’ Appeals released its 2014 Annual Report. The report can be accessed at the following link BVA 2014 Annual Report.
Statistically, the Board has seen a steady increase in the number of appeals filed since fiscal year 2011. The Board also anticipates an increase in the number of appeals in fiscal year 2015. The Board documents a significant increase in...
US District Court orders Ohio to begin paying retroactive Medicaid payments for Assisted Living
Just out — summary judgment was granted to the plaintiffs in an Ohio Medicaid case in Federal District Court for the Southern District of Ohio called Kathryn A. Price et al. vs Medicaid Director et al.. The plaintiffs were represented by counsel through the nonprofit organization Justice in Aging Inc. Here’s the decision.
At issue was the rewuirements of 42 USC 1396a(a)(34)....
Third Circuit rejects State’s claim that short-term annuities can’t meet Medicaid requirements
The Third Circuit federal Court of Appeals has just issued a precedential decision concerning Medicaid planning strategies that involve the purchase of short-term, immediate, irrevocable, unassignable annuities. Zahner decision The case is called
ANABEL ZAHNER, by her agent Raymond E. Zahner; ESTATE OF DONNA C. CLAYPOOLE, by Mitchell R. Claypool, Executor; CONNIE L. SANNER, by her agent Jamie...
Ideas for transition plan for orphaned adult children with intellectual disabilities
There was a time when people who had developmental intellectual disabilities such as Down Syndrome rarely lived past their 20’s. With medical progress, many of these individuals will be blessed with a reasonably normal full life span. This presents major challenges for their parents or guardians, for the child could outlive the parent and lose that critical source of familiar lifestyle...
There are some limits on what Guardians in NJ can do without court approval
A Legal Guardian is a person appointed by a court to be the decision-maker for a person who is incapacitated as defined by law, and unable to manage all or some of his/her affairs. The court rules provide the complex procedures (N.J. R. 4:86-1 et seq), but the powers and duties of the guardian, as well as further details about how the court has to handle the case, are found in the statutes,...