VETERANS’ PENSION 

BENEFITS

Improvements Needed to 

Ensure Only Qualified 

Veterans Receive Benefits

Statement of Daniel Bertoni, Director

Education, Workforce, and Income Security Issues

Testimony 

Before the Special Committee on Aging, 

U.S. Senate

For Release on Delivery 

Expected at 2:00 p.m. EDT

Wednesday, June 6, 2012

GAO-12-784T

United States Government Accountability Office

GAO
Page 1 GAO-12-784T 

Chairman Kohl, Ranking Member Corker and Members of the Committee:

I am pleased to be here to discuss the Department of Veterans Affairs’

(VA) pension program, which provides economic benefits to wartime 

veterans age 65 and older or who have disabilities that are unrelated to 

their military service, as well as to their surviving spouses and dependent 

children. To qualify for VA pension benefits, a claimant must have limited 

income and assets. Recently, concerns have been raised that some 

organizations are marketing financial products and other services to help 

individuals whose assets exceed the program’s financial eligibility 

thresholds qualify for these benefits. These organizations may charge 

substantial fees for products and services that may not always be in 

claimants’ best long-term interests.

In our report released today on VA’s pension program, we identified 

vulnerabilities in VA’s procedures for assessing financial eligibility. We 

also found that there is no prohibition on claimants transferring assets 

prior to applying for benefits, and some claimants do so.1

My testimony is based on our report and focuses on what is known about 

organizations that are marketing financial products and services to 

veterans and survivors to enable them to qualify for VA pension benefits. 

To conduct this work, we reviewed relevant federal laws and regulations, 

and VA policies and procedures. We interviewed officials from VA 

headquarters, as well as staff at VA’s three Pension Management 

Centers (PMC).

Other meanstested programs, such as Medicaid, conduct a look-back review to 

determine if an individual has transferred assets for less than fair market 

value, and if so, may deny eligibility for benefits for a period of time. This 

control helps ensure that only those in financial need receive benefits.

2

 1

GAO, Veterans’ Pension Benefits: Improvements Needed to Ensure Only Qualified 

Veterans and Survivors Receive Benefits, 

We also conducted Internet research and interviews with 

veterans’ advocacy groups, VA officials, and state and local officials to 

identify organizations that market financial and estate planning services to 

help claimants qualify for VA pension benefits. We contacted some of 

these organizations to learn about the types of products and services 

provided. Moreover, our investigative staff posed as the son of an 86-

GAO-12-540 (Washington, D.C.: 

May 15, 2012).

2

VA’s three PMC’s are located in Milwaukee, WI; Philadelphia, PA; and Saint Paul, MN.
Page 2 GAO-12-784T 

year-old veteran and contacted 25 judgmentally selected organizations 

which included both financial planners and attorneys. We had discussions 

with representatives of 19 of these organizations. A more detailed 

explanation of our methodology is available in our full report. Our audit 

work was conducted in accordance with generally accepted government 

auditing standards. Our investigative work was conducted in accordance 

with Quality Standards for Inspection and Evaluation published by the 

Council of the Inspectors General on Integrity and Efficiency.

In summary, we identified over 200 organizations that market financial 

and estate planning services to help pension claimants with excess 

assets qualify for pension benefits. These organizations consist primarily 

of financial planners and attorneys who offer products such as annuities 

and trusts. All 19 organizations our investigative staff contacted said a 

claimant can qualify for pension benefits by transferring assets before 

applying, which is permitted under the program. Two organization 

representatives said they helped pension claimants with substantial 

assets, including millionaires, obtain VA’s approval for benefits. Some 

products and services provided, such as deferred annuities, may not be 

suitable for the elderly because they may not have access to their funds 

within their expected lifetime without facing high withdrawal fees. Also, 

such asset transfers may result in ineligibility for Medicaid coverage for 

long-term care for a period of time. The majority of the 19 organizations 

contacted charged fees, ranging from a few hundred dollars for benefits 

counseling to $10,000 for establishment of a trust. In our report we asked 

Congress to consider establishing a look-back and penalty period for 

pension claimants who transfer assets prior to applying for pension 

benefits, similar to other federally supported means-tested programs, 

such as Medicaid. We also recommended that VA obtain timely 

information on asset transfers, strengthen income and asset verification 

processes, and provide clearer guidance to claims processors. VA 

concurred with our recommendations and agreed that a look back and 

penalty period for asset transfers was needed.
Page 3 GAO-12-784T 

In fiscal year 2011, VA provided about $ 4.3 billion in pension benefits for 

about 517,000 recipients. These benefits are available to low-income 

wartime veterans who are 65 and older, or who are under age 65 but are 

permanently and totally disabled due to conditions unrelated to their 

military service.3

VA provides pension benefits through its Veterans Benefits Administration 

(VBA), and claims processors assess claims at VBA’s three PMCs. VA 

also accredits representatives of veterans service organizations, 

attorneys, and claims agents to assist claimants with the preparation and 

submission of VA claims at no charge.

Surviving spouses and dependent children may also 

qualify for these benefits. Average annual payments in fiscal year 2011 

were $9,669 for veterans and $6,209 for survivors.

4 To become accredited, an 

individual must meet certain requirements set forth in federal law.5

To qualify for pension benefits, claimants’ countable income must not 

exceed annual pension limits that are set by statute.6

 3

VA currently administers three pension programs, commonly referred to as Improved Law 

Pensions (Pub. L. No. 95-588, 92 Stat. 2497), Prior Law Pensions (Pub. L. No. 86-211, 73 

Stat. 432), and Old Law Pensions (Pub. L. No. 73-2, 48 Stat. 8). About 95 percent of all 

pension recipients are under the Improved Pension program, and new beneficiaries can 

only accede to this program. We focus on the Improved Pension program in this 

testimony. For veterans with service-connected disabilities, VA provides cash benefits 

through its disability compensation program.

These income limits 

are also the maximum annual pension payment that a beneficiary may 

receive and may vary based on whether claimants are veterans or 

survivors, their family composition, as well as whether they need enhanced 

4

See 38 U.S.C. §§ 5901-5904.

5

Id.

6

See 38 U.S.C. §§ 1521, 1541, and 1542

Background
Page 4 GAO-12-784T 

benefits, such as aid and attendance or housebound benefits.7

VA’s policy manual specifically states that the VA pension program is not 

intended to protect substantial assets or preserve an estate for a 

beneficiary’s heirs. In assessing financial eligibility, VA also considers net 

worth or the total value of claimants’ assets, such as bank accounts, 

stocks, bonds, mutual funds, and any property other than the claimant’s 

dwelling, a reasonable lot area, a vehicle, and personal belongings.

For 

example, to qualify for pension benefits in 2012 a veteran with no 

dependents and who is in need of aid and attendance benefits cannot have 

income that exceeds $20,447. In determining if a claimant’s income is 

below program thresholds, VA includes recurring sources of income such 

as Social Security retirement and disability benefits, but not income from 

public assistance programs such as Supplemental Security Income (SSI).

8

,

9

 7

As part of the pension program, VA provides enhanced pension benefit amounts to 

veterans and surviving family members who demonstrate the need for aid and attendance, 

or who are considered permanently housebound. Veterans may be eligible for Aid and 

Attendance benefits if they demonstrate an inability to perform everyday personal 

functions such as bathing, dressing, eating, adjusting prosthetic devices, and protecting 

themselves from hazards or dangers in their daily environment. They may also be eligible 

for these benefits if they are a patient in a nursing home, bedridden, or are blind or nearly 

blind. Veterans may be eligible for Housebound benefits if they have a disability rated at 

100 percent and, as a result, are permanently or substantially confined to their homes, or 

have a disability rated at 100 percent and at least one other disability rated at 60 percent 

or more (although these individuals are legally classified as Housebound, they may be 

capable of leaving their homes). See GAO, VA Enhanced Monthly Benefits: Recipient 

Population Is Changing, and Awareness Could Be Improved, 

According to VA’s policy manual, claims processors are generally 

required to formally determine if claimants with assets worth over $80,000 

have financial resources that will last a reasonable period of time to pay 

for their basic expenses. In making this determination, claims processors 

consider net worth, income, expenses, age, and life expectancy to 

GAO-12-153 (Washington, 

D.C.: Dec. 14, 2011).

8

See 38 C.F.R. § 3.275. For claimants who are veterans, VA also assesses the net worth 

of the veteran’s spouse to determine financial eligibility.

9

There are no thresholds on the value of a claimant’s assets that are defined in statute. 

The relevant statute states that a veteran’s pension shall be denied “when the corpus of 

the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the 

veteran and of the veteran’s spouse is such that under all the circumstances, including 

consideration of the annual income of the veteran, the veteran’s spouse, and the veteran’s 

children, it is reasonable that some part of the corpus of such estates be consumed for the 

veteran’s maintenance.” 38 U.S.C. § 1522(a).
Page 5 GAO-12-784T 

determine if claimants’ financial resources are sufficient to pay for their 

expenses without assistance from VA.

VA pension claimants may also be eligible for other means-tested 

programs, such as Medicaid, a joint federal-state health care financing 

program that provides coverage for long-term care services for certain 

individuals who meet specific income and resource thresholds. Each state 

administers its Medicaid program and establishes specific income and 

resource eligibility requirements that must fall within federal standards.10

Similarly, the SSI program provides cash benefits to individuals who are 

65 or older, blind, or disabled who have limited income and whose 

resources are $2,000 or less.11

We identified over 200 organizations located throughout the country that 

market their services to help veterans and their surviving spouses qualify 

for VA pension benefits by transferring or preserving excess assets. 

These organizations consist primarily of financial planners and attorneys 

offering products and services such as annuities and the establishment of 

trusts, to enable potential VA pension claimants with excess assets to 

meet financial eligibility criteria for VA pension benefits. For example, one 

organization’s website advertised that it develops financial plans which 

include various insurance products, and that its specific area of expertise 

is to help VA pension claimants with hundreds of thousands of dollars in 

assets obtain approval for these benefits. Under current federal law and 

regulations, VA pension claimants are allowed to transfer assets and 

reduce their net worth prior to applying for benefits, so services being 

marketed and provided by these organizations to qualify for VA pension 

benefits are legally permissible under program rules. In contrast, for 

Medicaid—another means tested program—federal law explicitly restricts 

eligibility for coverage for long term care for certain individuals who 

 10We reported in 2007 that in most states, an individual must have $2,000 or less in 

countable financial resources to be eligible for Medicaid ($3,000 for a married couple). 

See GAO, Medicaid Long-Term Care: Few Transferred Assets before Applying for 

Nursing Home Coverage; Impact of Deficit Reduction Act on Eligibility Is Uncertain, 

GAO-07-280 (Washington, D.C.: Mar. 26, 2007).

11Financial resources must be less than $3,000 if the individual lives with their spouse. 

Also, individuals in some states who require long-term care services can become eligible 

for Medicaid benefits through participation in the SSI program.

Organizations Help 

Veterans Transfer 

Assets to Qualify for 

Pension Benefits
Page 6 GAO-12-784T 

transfer assets for less than fair market value prior to applying.12,

13 As a 

result, when an individual applies for Medicaid coverage for long-term 

care, states conduct a look-back—a review to determine if the applicant 

transferred assets for less than fair market value prior to applying. 

Individuals who have transferred assets for less than fair market value 

during the 60 months prior to applying may be denied eligibility for longterm care coverage for a period of time, known as the penalty period.14

For example, gifting assets would generally be considered a transfer of 

assets for less than fair market value and result in a penalty period. Also, 

under the SSI program, claimants who transfer assets for less than fair 

market value prior to applying may become ineligible for these benefits for 

up to 36 months.15

During our investigative calls, all 19 organizations correctly noted that 

pension claimants can legally transfer assets prior to applying. They 

indicated it is possible to qualify for VA pension benefits despite having 

excess assets, and almost all provided information on how to transfer 

these assets. (See figure 1 for transcript excerpts of calls with 

organizations on services they provide to qualify for VA pension benefits.)

 1242 U.S.C. § 1396p(c).

13An asset transfer for less than fair market value would occur when the claimant gifts or 

sells an asset and gets in return an amount that is less than the value of the asset on the 

open market at the time of the transfer.

14The penalty period is calculated by dividing the uncompensated dollar value of the 

assets transferred by the average monthly cost of private nursing home care in the state 

(or in the community, at the option of the state). The penalty period generally begins on 

the later of (1) the first day of the month during or after which the individual transferred 

assets at less than fair market value, or (2) the date on which the individual would have 

been eligible for Medicaid coverage for long-term care if it were not for these asset 

transfers. Certain asset transfers are exempt from Medicaid penalty provisions such as 

assets transferred to an individual’s spouse or disabled child. Asset transfers would also 

not be penalized if the individual can demonstrate that the transfer was carried out 

exclusively for purposes other than qualifying for Medicaid, or when the state determines 

that the penalty would result in undue hardship. 42 U.S.C. § 1396p(c).

1542 U.S.C. § 1382b(c)(1)(A).
Page 7 GAO-12-784T 

Figure 1: Transcript Excerpts of Calls with Organizations Providing Products and Services to Help Claimants Qualify for 

VA Pension Benefits

Note: For a complete transcript of all three calls, see GAO-12-540.

A number of different strategies may be used to transfer pension 

claimants’ excess assets so that they meet financial eligibility thresholds. 

Among the 19 organizations our investigative staff contacted, about half 

advised transferring excess assets into an irrevocable trust with a family 

member as the trustee to direct funds to pay for the veteran’s expenses.

A similar number also advised placing excess assets into some type of 

annuity. Among these, several advised placing excess assets into an 

immediate annuity that generates income for the client. In employing this 

strategy, assets that VA would count when determining financial eligibility 

for pension benefits are converted into monthly income. This monthly 

income would fall below program thresholds and enable the claimant to 

still qualify for the benefits. About one-third of the organizations 

recommended strategies that included the use of both annuities and 

trusts. For example, one organization we contacted advised repositioning 

some excess assets into an irrevocable trust, with the son as the trustee, 
Page 8 GAO-12-784T 

and placing remaining excess assets into a deferred annuity that would 

not be completely accessible, since most of the funds could not be 

withdrawn without a penalty. In addition, several organization 

representatives we interviewed also told us they may advise using 

caretaker agreements to enable a client to qualify for VA pension 

benefits. Organizations told us this strategy generally involves the

pension claimant transferring assets to family members as part of a 

contract, in exchange for caretaker services to be provided by these 

family members for the remainder of the claimant’s lifetime.

Some organization representatives we interviewed told us that 

transferring assets to qualify for VA pension benefits is advantageous for 

elderly pension claimants because it enables them to have more income 

to pay for care expenses and remain out of a nursing home for a longer 

period of time. For example, representatives from one organization said 

the use of immediate income annuities allows pension claimants to 

increase their monthly income that, combined with the VA pension, could 

help pay for assisted living or in-home care costs. Other financial 

planners and attorneys said if claimants do not conduct financial or estate 

planning to qualify for the VA pension and instead spend down their 

assets prior to applying, the monthly amount of the pension benefit they 

eventually receive may be insufficient to pay for their long-term care. 

They said that, as a result, these claimants may decide to seek Medicaid 

coverage for nursing home care because of their lack of financial 

resources, when they could have remained in an assisted living facility or 

at home with the aid of the VA pension. Some of these organizations told 

us that nursing home care financed by Medicaid is more costly for the 

government than if the veteran had received the VA pension benefit and 

obtained care in a lower-cost assisted living facility.

Many organizations we identified also conduct presentations on VA 

pension benefits at assisted living or retirement communities to identify 

prospective clients. According to attorneys and officials from state attorneys 

general offices we spoke with, managers of assisted living facilities or 

retirement communities may have an interest in inviting organization 

representatives to conduct presentations on VA pension benefits because 

these benefits allow them to obtain new residents by making the costs 

more affordable. For example, we obtained documentation indicating that 

one retirement community paid an organization representative a fee for a 

new resident he helped the facility obtain. Another community in another 

state paid organization representatives fees to assist residents in 

completing the VA pension application.
Page 9 GAO-12-784T 

Some products may not be suitable for elderly veterans because they 

may lose access to funds they may need for future expenses, such as 

medical care. To help elderly clients become financially eligible for VA 

pension benefits, some organizations may sell deferred annuities which 

would make the client unable to access the funds in the annuity during 

their expected lifetime without facing high withdrawal fees, according to 

some attorneys we spoke with. An elderly advocacy organization 

representative we spoke with also noted that elderly individuals are 

impoverishing themselves by purchasing these products when they may 

need the transferred assets to pay for their long-term care expenses. As 

part of our investigative work, one organization provided a financial plan 

to qualify for VA pension benefits that included both an immediate annuity 

as well as a deferred annuity for an 86-year-old veteran that would 

generate payments only after the veteran’s life expectancy.

Some organizations that assist in transferring assets to qualify people for 

VA pension benefits may not consider the implications of these transfers 

on eligibility for Medicaid coverage for long-term care. Individuals who 

transfer assets to qualify for the VA pension may become ineligible for 

Medicaid coverage for long-term care services they may need in the 

future. For example, asset transfers that may enable someone to qualify 

for the VA pension program, such as gifts to someone not residing in a 

claimant’s household, the purchase of deferred annuities, or the 

establishment of trusts, may result in a delay in Medicaid eligibility if the 

assets were transferred for less than fair market value during Medicaid’s 

60-month look-back period. According to several attorneys we spoke with, 

some organization representatives are unaware or are indifferent to the 

adverse effects on Medicaid eligibility of the products and services they 

market to qualify for the VA pension. As a result, potential pension 

claimants may be unaware that the purchase of these products and 

services may subsequently delay their eligibility for Medicaid.

In addition to the potential adverse impact of transferring assets, we heard 

concerns that marketing strategies used by some of these companies may 

be misleading. According to several attorneys we spoke with, some 

organization representatives market their services in a way that may lead 

potential pension claimants and their family members to believe they are 

veterans advocates working for a nonprofit organization, or are endorsed 

by VA. As a result, they may fail to realize these representatives are 

primarily interested in selling financial products. For example, some 

organization representatives may tell attendees during presentations at 

assisted living facilities that their services consist of providing information 

on VA pension benefits and assisting with the application, and do not 

Some Products and 

Services May Adversely 

Affect Claimants
Page 10 GAO-12-784T 

disclose they are insurance agents selling annuities to help people qualify 

for these benefits. One elder law attorney we spoke with said many 

attendees at these presentations may have Alzheimer’s disease or 

dementia and are not in a position to make decisions about their finances. 

Therefore, they are vulnerable to being convinced that they must purchase 

a financial product to qualify for these benefits.

Concerns have also been raised that VA’s accreditation of individuals to 

assist with applying for VA benefits may have unintended consequences. 

According to attorneys and officials in one state, organization 

representatives use their VA accreditation to assist in preparing claims as a 

marketing tool that generates trust and allows them to attract clients. 

Claimants may not understand that this accreditation only means that the 

individual is proficient in VA’s policies and procedures to assist in preparing 

and submitting VA benefits claims and does not ensure the products and 

services these individuals are selling are in claimants’ best interests.

Finally, some organizations may provide erroneous information to clients, 

or fail to follow through on assisting them with submitting the pension 

application, which can adversely affect pension claimants. For example, 

one veteran said he was told by an organization representative to sell his 

home prior to applying for the VA pension and that he did not have to 

report the proceeds from the sale on the application. He followed this 

advice and was approved for benefits, but VA later identified these 

assets, which caused him to incur a debt to VA of $40,000 resulting from 

a benefit overpayment. Organizations may also promise assistance with 

the application process to any interested pension claimant but, 

unbeknownst to the claimant, may not follow through in providing this 

service if the claimant does not want to transfer assets. For example, the 

daughter of a veteran we spoke with, who sought application assistance 

from an organization representative, told us the representative never 

submitted her father’s pension claim to VA as promised. She learned of 

this about a year after she thought the claim was submitted and had to 

reapply through a county veterans service officer. Her father was 

approved 2 months later but passed away less than a month after his 

approval. She believes her father could have received benefits for a year 

if the representative had submitted the claim, and believes the 

representative did not do so because she did not want to use his services 

to transfer assets.
Page 11 GAO-12-784T 

The costs of services provided by these organizations to assist in 

qualifying for VA pension benefits varied, but organizations may be 

charging prohibited fees. Among the 19 organizations our investigative 

staff contacted for this review, about one-third said they did not charge for 

their services to help qualify claimants for VA pension benefits. For 

example, financial planners told us that, generally, there are no direct 

costs associated with transferring assets into an annuity, but that costs 

would be included in the terms of the annuity, such as the commission 

earned by the insurance agent. Among organizations that did charge for 

services, fees ranged from a few hundred dollars for benefits counseling 

up to $10,000 for the establishment of a trust. Also, although federal law 

prohibits charging fees to assist in completing and submitting applications 

for VA benefits,16 representatives from veterans advocacy groups and 

some attorneys we spoke with raised concerns that these organizations 

may be charging for fees related to the application, or find ways to 

circumvent this prohibition, such as by claiming they are charging for 

benefits counseling. For example, one organization our investigative staff 

contacted charged $850 to have an attorney work on the application 

process, a $225 analysis fee, and $1,600 for the establishment of a trust. 

Another organization representative indicated he charged a “long term 

planning fee” of $1,200 to be paid prior to services being provided. The 

organization representative asked that someone other than the veteran 

pay this fee, claiming that only disinterested third parties can be charged 

fees but not the veteran. Also, in a case identified by officials in one state, 

a veteran was charged $3,000 by an individual for assistance in applying 

for VA pension benefits which were ultimately denied. In addition, 

concerns have been raised that fees charged may be excessive for the 

services provided. For example, in July 2011, California enacted a law 

generally prohibiting unreasonable fees from being charged for these 

services.17

The VA pension program provides a critical benefit to veterans, many of 

whom are elderly and have limited financial resources to support 

themselves. Current federal law allows individuals to transfer assets prior 

to applying for VA pension benefits and still be approved. As a result, 

 16See 38 U.S.C. §§ 5902(b)(1)(A), 5903(a)(1), and 5904(c)(1).

17See Cal. Civ. Code § 1770(a)(24). An “unreasonable fee” is defined as a fee that is 

exorbitant and disproportionate to the services performed.

Costs for Services to 

Transfer Assets 

Varied, but Some 

Organizations May be 

Charging Prohibited 

Fees

Concluding 

Observations
Page 12 GAO-12-784T 

claimants who have sufficient assets to pay for their expenses can 

transfer these assets and qualify for this means-tested benefit. This 

arrangement circumvents the intended purpose of the program and 

wastes taxpayer dollars. A number of organizations help claimants with 

these asset transfers, but some of the products and services provided 

may have adverse implications for the claimant such as delaying eligibility 

for Medicaid coverage for long-term care or causing claimants to lose 

access to their financial resources. Accordingly, we asked Congress to 

consider establishing a look-back and penalty period for pension 

claimants who transfer assets at less than fair market value prior to 

applying for pension benefits, similar to other federally supported meanstested programs.

Chairman Kohl, Ranking Member Corker, and Members of the 

Committee, this concludes my prepared statement. I would be pleased to 

answer any questions that you may have at this time.

For further information about this testimony, please contact Daniel Bertoni 

at (202) 512-7215 or bertonid@gao.gov. Contact points for our Offices of 

Congressional Relations and Public Affairs may be found on the last page 

of this testimony. Other key contributors to this testimony include Jeremy 

Cox, Paul Desaulniers, Alex Galuten, Nelson Olhero, Martin Scire, and 

Walter Vance.

GAO Contact and 

Staff 

Acknowledgements

(131181)
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