Hey folks — Dale Davidson here, your go-to VA and elder law guy. Today I want to mix things up and share a few questions I’ve received recently that touch on both VA disability claims and Medicaid eligibility for nursing home care. These are real situations people are dealing with, and maybe you are too.
Let’s dive in.
“Dear VA Guy: The VA Denied My Disability… But Gave No Reason. Can You Help?”
I hear this one more often than you’d think. You apply for VA disability benefits and — boom — denied, without a clear explanation.
Here’s the deal: they should have sent you a “notice of decision.” That document explains exactly why your claim was denied. Maybe they didn’t find enough medical evidence. Maybe they didn’t think your disability was service-connected. Maybe there’s something else entirely.
If you haven’t received that letter, call the VA and request it. You need to know exactly what they based the decision on before we can figure out your next steps. Once you’ve got that notice, reach out — we’ll take it from there.
“Dear VA Guy: My Father Was in the Coast Guard During Vietnam. Does He Qualify for Agent Orange Benefits?”
This one tugged at me because I get a lot of questions from family members trying to help loved ones who are reluctant to apply. In this case, the person’s father served in the U.S. Coast Guard during the Vietnam era and may have had exposure to Agent Orange. He spent time in the coastal waters of Vietnam, occasionally stepping onto land to get supplies.
Here’s what I told them: Yes, he may qualify. Prostate cancer is one of the presumptive conditions associated with Agent Orange exposure. If his service meets the required eligibility dates and if his DD-214 reflects that he served in Vietnam — even if it was coastal or on land briefly — he may be eligible.
We’d need to show medical evidence, of course, and it helps to get what we call a “nexus letter” from a doctor. That’s where the doctor says it’s more likely than not that your loved one’s prostate cancer was caused by his service in Vietnam and exposure to Agent Orange. That phrase is important — “more likely than not.”
So yes, don’t let the fact that he was Coast Guard deter you. Let’s get the documents together and see if we can help.
“Dear Nursing Home Guy: I Set Up a Qualifying Income Trust but Still Got Denied Medicaid. What Can I Do?”
This one really hits home because it affects a lot of families struggling with nursing home costs. The person who wrote in had set up a Qualifying Income Trust (QIT) — also called a Miller Trust — because her husband’s income was above the Medicaid limit. She did what she was told: deposited $60, based on the Department’s recommendation. But now, they’re saying she didn’t deposit enough, the QIT was invalid, and Medicaid benefits were denied.
Y’all, I’ve been dealing with these trusts for years, and the rule has always been that you must fund it with a “reasonable amount.” What’s reasonable? Years ago, we were told $50 was fine. Now, they’re telling people $200 is reasonable. But the law doesn’t clearly define it.
Here’s what I advised: file a request for a fair hearing. You need to get in front of an administrative law judge and explain what happened. You followed the instructions given to you by a government caseworker. If they change the rules midstream — or give you bad advice — that shouldn’t fall on your shoulders and you shouldn’t be denied benefits.
We’ve seen this kind of situation before, and you’re not alone. Let’s fight to get that trust validated so you’re not stuck with a $10,000 nursing home bill.
“Dear Nursing Home Guy: My Sister Is Abusive Toward Our Mom. Can I Ban Her from Visiting?”
This one’s heartbreaking. A woman reached out to say that her mother is in a nursing home, and her sister — who has a history of being verbally abusive — is upsetting their mom during visits. The woman has power of attorney and asked if she can use it to ban her sister from the facility.
Here’s my take: don’t jump straight to using your power of attorney to ban her. That should be the last resort.Instead, go to the nursing home administrator or nursing staff and let them know what’s happening. If they’ve witnessed the abusive behavior, ask them to intervene. Maybe that means supervised visits. Maybe it means limiting her access. But let the facility take the first step.
Remember — the nursing home is legally responsible for providing a safe, secure environment for your loved one. If someone is causing emotional or verbal harm, they’re on the hook to step in and stop it.
That said, if they refuse to act and your mom continues to suffer, you absolutely can — and probably should — use your power of attorney to protect her. But be aware: this may cause serious conflict within your family. Sometimes, unfortunately, doing the right thing comes with a personal cost.
I hope these real-life situations help you understand just how complicated VA and Medicaid rules can be — and how important it is to have someone on your side who knows the system. If your initial application has been denied, keep fighting to get the benefits you deserve.
Contact Us for Help!
If you need assistance with VA disability or Medicaid claims, complete this form or give us a call at (229) 226-8183. If you’d like to see this blog in video format, you can watch it below. Please be sure to SUBSCRIBE to our YouTube channel and click the bell notification button so that you’re notified each time we publish a new video.