Lamore v. Ives

LEVIN H. CAMPBELL, Senior Circuit Judge.

This appeal raises the question whether Veterans Administration Aid and Attendance benefits should be treated as income for purposes of determining the extent of Medicaid allowances an eligible veteran or veteran’s survivor can receive under the Home and Community-Based Medicaid Waiver Program.

Plaintiffs-appellants are disabled veterans or dependents of deceased veterans who receive Aid and Attendance benefits from the Veterans Administration pursuant to 38 U.S.C. § 1502(b), and who also receive Medicaid allowances pursuant to the Home and…