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Proposed VA Regulations: Penalty for Transfers to Qualify for VA Aid and Attendance

The VA on 01/23/2015, proposed a 36 month Look Back on asset transfers (with a corresponding penalty of up to 10 years) for those applying for VA pension or related benefits.

Proposed Rule § 3.276 would provide new requirements pertaining to pre-application asset transfers and net worth evaluations to qualify for VA pension.

Section 3.276 would establish a presumption, absent clear and convincing evidence showing otherwise, that asset transfers made during the look-back period were made to establish pension entitlement. The changes would establish a 36-month look-back period and establish a penalty period not to exceed 10 years for those who dispose of assets to qualify for pension. The penalty period would be calculated based on the total assets transferred during the look-back period to the extent they would have made net worth excessive. The penalty period would begin the first day of the month that follows the last asset transfer.

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