VA Improved Pension Not Income. Petitioner applied for Medicaid on November 4, 2008. Petitioner was the surviving spouse of a veteran eligible for VA Improved Pension. At the time, the income cap was $2,022 and, if the Improved Pension was included in Petitioner’s income, then her gross monthly income exceeded the income cap. Of Petitioner’s $1,056 VA payment, the VA verified that $395 was Aid and Attendance and $661 was for unreimbursed Medical Expenses. After reviewing the VA regulations and the ABD Manual, the ALJ concluded that “the entire VA death pension with Aid and Attendance must be excluded as income for determining Medicaid eligibility since Petitioner only received the VA Pension with Aid and Attendance to reimburse her for her out-of-pocket UME and Continuing Medical Expenses.

OSAH-DeKalb-Gatto-2009. (May 27, 2009).