M21-1 Manual / Part IX, Subpart iii, Chapter 1, Section G
Pension - Deductible Medical Expenses
M21-1, Part IX, Subpart iii, Chapter 1, Section G
Overview
In This Section | This section contains the following topics:
|
1. Overview of Deductible Expenses
Introduction | This topic contains an overview of deductible expenses for income for Department of Veterans Affairs (VA) purposes (IVAP) in current-law pension cases, including
|
Change Date | April 16, 2021 |
IX.iii.1.G.1.a. Two Types of Deductible Expenses | There are two types of deductible expenses, those that are allowed
|
IX.iii.1.G.1.b. Reporting Deductible Expenses to Reduce Overpayment | There is no time limit for submitting a report of deductible expenses to reduce or eliminate an overpayment in a pension account. However, the deductible expenses must have been paid during the same reporting period in which the overpayment was created. It makes no difference whether the overpayment was created because of a change in income or a change in the maximum annual pension rate (MAPR). If the overpayment was previously repaid or recouped, deductible expenses can be used to issue a retroactive payment if the retroactive amount does not exceed the amount repaid or recouped. Otherwise, apply the time limits in 38 CFR 3.660(b) if the report of deductible expenses is submitted for the purpose of receiving retroactive benefits. |
IX.iii.1.G.1.c. Example 1: Deductible Expenses | Example:
|
IX.iii.1.G.1.d. Example 2: Deductible Expenses | Example:
|
2. UME Deductions
Introduction | This topic contains information on medical expense deductions, including
|
Change Date | March 4, 2025 |
IX.iii.1.G.2.a. Rules for Deductibility of UMEs | 38 CFR 3.278(c) defines medical expenses for VA purposes as payments for items or services that are medically necessary; that improve a disabled individual's functioning; or that prevent, slow, or ease an individual's functional decline. Refer to M21-1, Part IX, Subpart iii, 1.G.2.c for a list of common allowable medical expenses. Unreimbursed medical expenses (UMEs) paid by a claimant (or by a claimant’s dependent(s) for VA purposes) may be used to reduce the claimant's countable income. A deduction under 38 CFR 3.272(g) for medical expenses is permitted if all the conditions in the table below exist.
|
IX.iii.1.G.2.b. Example: Rules for UME Deductibility | Example:
|
IX.iii.1.G.2.c. | The list below shows some of the common allowable medical expenses.
|
3. Sources of Medical Expenses
Introduction | This topic contains information on the sources of medical expenses, including
|
Change Date | June 2, 2025 |
IX.iii.1.G.3.a. Definition: Nursing Home | For the purposes of the medical expense deduction, a nursing home means
|
IX.iii.1.G.3.b. | A medical foster home (MFH) means a privately owned residence, recognized and approved by VA, that offers a non-institutional alternative to nursing home care for Veterans who are unable to live alone safely due to chronic or terminal illness. For pension purposes, an MFH that VA has recognized and approved under the MFH Program is equivalent to a nursing home. Reference: For more information on the MFH Program, see |
IX.iii.1.G.3.c. Definition:Care Facility Other Than a Nursing Home | Care facility other than a nursing home means a facility in which a disabled individual receives health care or custodial care. A facility must be licensed if facilities of that type are required to be licensed in the State or country in which the facility is located. A facility that is residential must be staffed 24 hours per day with care providers. References: For more information on
|
IX.iii.1.G.3.d. Definition: Licensed Health Care Provider | For the purposes of the medical expense deduction, a licensed health care provider refers to a person licensed to furnish health services by the State or country in which the services are provided. Licensed health care providers may include, but are not limited to
|
IX.iii.1.G.3.e. Facility Type | The medical expense deduction should be contingent on the sort of care the disabled individual is receiving in the facility and the necessity for the individual to be there, not the name of the facility. However, if the facility type is unclear or the facility contains different housing options and it is unclear in which part the claimant or relative resides, call the facility to verify facility type. Document the call on VA Form 27-0820, Report of General Informationor VA Form 27-0820b, Report of Nursing Home or Assisted Living Information, if more information is needed. Note: If unable to reach the facility, send the claimant a 30-day development letter requesting proof of facility type. |
IX.iii.1.G.3.f. Custodial Care vs. Skilled Nursing Care | If a claimant claims room and board expenses in a facility other than a nursing home, or another facility that does not qualify as a nursing home or MFH, then custodial care must be reviewed. Custodial care means regular
|
IX.iii.1.G.3.g. ADL and IADL | ADLs are basic self-care activities, consisting of
|
IX.iii.1.G.3.h. Eligibility for A&A and Housebound for Medical Expense Deduction Purposes | Certain medical expense deductions require distinguishing persons who are and who are not eligible to be rated for A&A or housebound. For pension, the following persons
|
IX.iii.1.G.3.i. A&A or Housebound Effective Date vs. IVAP | A decision regarding the IVAP amount is separate from a decision regarding the effective date from which the A&A or housebound rate is payable. If a medical expense deduction requires a claimant (or spouse) to be in need of A&A or housebound, then VA may deduct the expense during the initial year or calendar year in which VA determined the claimant (or spouse) to be in need of A&A or housebound. Note: This block generally applies to claimants who are in a care facility or who are receiving in-home care. |
IX.iii.1.G.3.j. Medical Expense Deduction for Nursing Home Fees | Allow a medical expense deduction for nursing home fees if a responsible official of the nursing home certifies that the claimant or relative is a patient (as opposed to a resident) of the nursing home.Verify nursing home fees if/when one of the following situations exists:
Examples of verification include
|
IX.iii.1.G.3.k. Medical Expense Deduction for Care Facility Other Than Nursing Home Fees | Payments for health care provided by a health care provider are medical expenses for all pension beneficiaries to include those receiving special monthly pension or those that need to be in a protected environment. Payments for assistance with ADL and IADL are medical expenses, regardless of if the provider is a health care provider, if the disabled individual is receiving health care or custodial care in a facility and either
|
IX.iii.1.G.3.l. Example: Custodial Care for a Dependent | Example: A child of a Veteran is placed in a State school for those with special needs. VA has rated the child as incapable of self-support. The child participates in a program of therapy supervised by a physician. The Veteran reports that the child’s Social Security goes to the State to pay for the child’s care. In addition, the Veteran pays the State $200 per month. Result: Do not allow a medical expense deduction for the Social Security payments because this money is not paid from the Veteran’s funds. The child’s Social Security would not be counted as income of the Veteran. Allow a medical expense deduction for the $200 per month the Veteran pays to the State out of the Veteran’s own funds, because there is evidence that a physician has stated the child needs the level of care that the State school provides. Reference: For more information on deducting medical expenses, see M21-1, Part IX, Subpart iii, 1.G.2.a. |
IX.iii.1.G.3.m. In-Home Attendants for a Disabled Person | Payments for assistance with ADL and IADLs by an in-home attendant are medical expenses as long as the attendant provides the disabled individual with health care or custodial care. Payments must be commensurate with the number of hours that the provider attends to the disabled person. Monthly rates in excess of $5,000 require verification and documentation. The attendant must be a licensed health care provider unless
|
IX.iii.1.G.3.n. Verification of In-Home Attendant Fees Required | The claimant is required to submit verification of attendant fees when
|
IX.iii.1.G.3.o. Documentation of In-Home Attendant Fees | If the fees for an in-home attendant require verification as described by M21-1 Part IX, Subpart iii.1.G.3.n, receipts or other documentation are required. Documentation includes
|
IX.iii.1.G.3.p. Medical Insurance Premiums | Premiums paid by the claimant or/spouse for health, medical, long-term care, or hospitalization insurance are allowable medical expenses. Example: Social Security Medicare premiums. Premiums paid for life insurance or burial insurance are not allowable medical expense deductions. Note: Some hospitalization policies pay the beneficiary on admission to a hospital even if the beneficiary incurs no out-of-pocket expense, for example, beneficiary is admitted to a charity hospital. Premiums paid for such a policy are deductible medical expenses. Amounts received by a beneficiary from such a policy are countable income if they are not paid to cover the costs of the hospitalization. References: For more information on
|
IX.iii.1.G.3.q. Medicare Premiums | Premiums for Medicare Parts A, B, and D and for long-term care insurance are medical expenses. Allow a deduction for Medicare Part B premiums as a continuing medical expense, if the information is obtained using the Social Security Administration (SSA) INQUIRY command and not claimed by the beneficiary or if it is submitted by the claimant and it indicates that the claimant pays the premium. Unless an earlier effective date is supported by the evidence of record
|
IX.iii.1.G.3.r. Vitamins, Food Supplements, and Herbal Remedies | If a health care provider authorized to write prescriptions directs a claimant or relative to purchase vitamins, food supplements, and/or herbal remedies, the cost of such items is an allowable medical expense deduction. Develop to the claimant for proof that a health care provider, authorized to write prescriptions, instructed the claimant or relative to purchase vitamins, food supplements, and/or herbal remedies if the amount claimed is over $1,500 per household member per calendar year. If the claimant does not respond to the request, allow a medical expense deduction up to $1,500 (per household member per calendar year) for vitamins, food supplements and/or herbal remedies. Example: A Veteran reports calendar year 2015 food supplement expenses of $2,000 for themself, $800 for their spouse, and $400 for their son. Result:
|
IX.iii.1.G.3.s. Adaptive Equipment | Payments for adaptive devices or service animals, including veterinary care, used to assist a person with an ongoing disability are medical expenses. Do not allow a medical expense deduction for equipment that would normally be used by a nondisabled person, such as an air conditioner or automatic transmission. Note: Medical expenses do not include non-prescription food, boarding, grooming, or other routine expenses of owning an animal. Reference: For more information on medical expenses for VA purposes see 38 CFR 3.278(c). |
4. Processing UME Deductions
Introduction | This topic contains information on processing UME deductions, including
|
Change Date | November 19, 2025 |
IX.iii.1.G.4.b. Requirements for a Medical Expense Deduction Claim | A claim for a medical expense deduction that will result in increased benefit payments must be initiated by a
|
IX.iii.1.G.4.c. Information Required for Mileage of Privately Owned Vehicle | Use the table below to determine what the claimant must list for the itemization of expenses related to mileage for a privately owned vehicle for medical purposes.
|
IX.iii.1.G.4.d. Information Required for In-Home Attendant | Use the table below to determine what the claimant must list for the itemization of expenses related to in-home attendant for medical purposes.
|
IX.iii.1.G.4.e. Information Required for Medical Expenses | Use the table below to determine what the claimant must list for the itemization of medical expenses.
|
IX.iii.1.G.4.g. Example: Annual Amount vs. Calculated Estimated Actual Amount | A surviving spouse is a patient in a nursing home for long-term care because of disability from October 2015. The survivor is paying $2,000 per month for nursing home expenses beginning in October and requests this recurring expense to be deducted from their income prospectively. Therefore, the
|
IX.iii.1.G.4.h. Dates for Allowing Medical Expenses Prospectively | When first allowing prospective continuing medical expenses, deduct the estimated actual amount from the beginning of the reporting period in which the expenses began. Allow the annualized amount as a continuing medical expense from the beginning of the following calendar year subject to 38 CFR 3.31. |
IX.iii.1.G.4.i. Award Action to Adjust After UMEs Allowed Prospectively | Use the table below to determine the award action after medical expenses have been allowed prospectively.
|
IX.iii.1.G.4.j. Reconsidering a Disallowed Claim | In some situations
|
IX.iii.1.G.4.k. Notice to Claimants for Prospective Medical Expenses | When recurring medical expenses are first allowed, send a notice
|
IX.iii.1.G.4.l. Adjusting an Award for a Change in Continuing Medical Expenses | If a beneficiary reports a reduction in the level of continuing medical expenses, adjust the award effective the beginning of the reporting period based on the actual medical expenses paid during that reporting period. A beneficiary’s report that they are no longer a nursing home patient, or a resident of another care facility may be accepted as a report that the beneficiary is no longer paying nursing home fees or custodial care fees and the award may be reduced with contemporaneous notice. Some cases may require an immediate reduction in pension on the EP 150, and a proposal to reduce retroactively under EP 600. If there is missing information that cannot be readily obtained via telephone contact, take immediate award action, as appropriate, and send a notice of proposed adverse action. Example 1: A Veteran is receiving maximum pension with continuing medical expenses based on assisted living fees since 2015. On April 20, 2020, the Veteran reports 2020 expenses from a new facility. There is no mention of expenses from 2015 to 2019. Result: Process the 2020 medical expenses. Recertification of medical expenses from 2015 to 2019 are not required because there is no evidence that medical expenses were less than the continuing medical expense amount for those years. Example 2: A Veteran is receiving maximum pension with continuing medical expenses based on assisted living fees since 2015. On April 20, 2020, the Veteran reports 2020 expenses from a new facility and reports leaving the previous facility during 2017. Result: VA has first party evidence that medical expenses were based on incorrect information since 2017. If satisfactory evidence of 2020 medical expenses is received (such as a fully completed VA Form 21P-8416), take award action under EP 150 to count the 2020 expenses from the new facility and send notification. Establish an EP 600 to send notice of proposed adverse action to remove all uncertified medical expenses for the years 2017 through 2019 or 2020. |
IX.iii.1.G.4.m. Nonrecurring Medical Expenses | Most medical expenses are allowed as a deduction after the claimant pays them. All medical expenses other than those that are allowed prospectively are considered to be nonrecurring medical expenses. Apply nonrecurring medical expenses against otherwise countable income for the reporting period (initial year or calendar year) during which the expenses were paid. In an original or new award after a period of non-entitlement, apply medical expenses paid between the award effective date (or date of Veteran’s death in an original Survivors Pension claim filed within one year after the Veteran’s death) and the date that is 12 months after the award payment date against income for the initial year. If the claimant also reports medical expenses for the first full calendar year after the commencement of the award, determine the total amount of medical expenses paid during the
|
IX.iii.1.G.4.n. Example 1: Nonrecurring Medical Expenses | Example: In May 2015, a Veteran who has been in receipt of pension for more than a year reports nonrecurring medical expenses paid between January 1, 2015, and May 15, 2015. The Veteran requests an immediate recalculation of IVAP. Although the preferred procedure is to defer the medical expense adjustment until the end of 2015, the Veteran has the right to an immediate recalculation. Result: Adjust the award from January 1, 2015, subject to 38 CFR 3.31, to allow medical expenses paid between January 1, 2015, and May 15, 2015. Remove the medical expenses from the award January 1, 2016. At the end of 2015, adjust the award based on total medical expenses paid during 2015 (including the previously reported medical expenses). The adjustment is effective January 1, 2015, subject to 38 CFR 3.31. |
IX.iii.1.G.4.o. Example 2: Nonrecurring Medical Expenses | Example:
|
IX.iii.1.G.4.p. Example 3: Nonrecurring Medical Expenses | Example: In May 2015, a Veteran who has been in receipt of pension for more than a year submits a VA Form 21P-8416 showing medical expenses paid between November 2014 and May 2015. Result: Adjust the award from January 1, 2014, subject to 38 CFR 3.31, to allow those medical expenses paid during calendar year 2014. Recalculate IVAP as of January 1, 2015, based on the
|
IX.iii.1.G.4.q. Overlapping Initial Year and Calendar Year Periods | Overlapping periods occur when the initial year overlaps the first calendar year. If an overlapping period is involved
|
IX.iii.1.G.4.r. Counting Medical Expenses From the Effective Date to the Payment Date of the Award | Medical expenses paid between the effective date and the payment date of the award, otherwise known as stub month, must be explicitly claimed in order to be counted as a medical expense. VA cannot assume payment during the stub month even if the medical expense is counted as a prospective continuing medical expense deduction. Note: Do not count Supplementary Medical Insurance Benefit (SMIB) for the stub month even if the effective date is the first of the month unless the SMIB is explicitly claimed. This is an exception to M21-1, Part IX, Subpart iii, 1.G.4.a, where it states VA does not require the claimant to indicate they pay this expense in order to deduct Medicare Part B premiums.Example 1: On October 5, 2024, the Veteran is granted pension benefits effective June 1, 2024, with a payment date of July 1, 2024. On their original application for pension benefits the Veteran only claims private medical insurance (PMI) of $205 paid on a monthly basis. However, Share shows the Veteran is also paying $183 a month for SMIB, which was not claimed on the application.Result: Since the Veteran did not explicitly report a date that SMIB or PMI was paid during the month of June 2024, only count the PMI and SMIB as a continuing monthly medical expense for 12 months. The continuing medical expenses effective July 1, 2024, are $4,656 ($205 + $183 = $388 x 12 = $4,656). Example 2: Same scenario as Example 1 but the Veteran submits a Medical Expense Report that was processed on November 5, 2024, explicitly showing payment of $183 for SMIB and $205 for PMI on June 5, 2024.Result: Count one extra month of the SMIB ($183) and one extra month of the PMI ($205) from June 1, 2024, to June 30, 2025 (A+B period). Be sure to remove the additional medical expenses and only allow 12 months’ worth of continuing medical expenses effective July 1, 2025. |
IX.iii.1.G.4.s. Effect of COLA or Change in Dependency Status on a Pension Rate | If a MAPR increase occurs during a period when medical expenses are being allowed, IVAP will usually change on the date of the COLA even if there is no change in the claimant’s income. This happens because there is now a new MAPR from which to calculate the 5 percent deductible. The same thing occurs when a dependent is added or removed. Example: The 5 percent deductible for a single Veteran on August 1, 2014, is $632, whereas on December 1, 2014, it changes to $643 due to the COLA. This change causes IVAP to increase. |
IX.iii.1.G.4.t. Reimbursed Medical Expenses | Do not allow a deduction for any medical expenses for which the claimant expects to be reimbursed.If a medical expense deduction is allowed and the claimant later receives reimbursement for that expense, recalculate IVAP for the applicable reporting period based on actual expenses paid. |
IX.iii.1.G.4.u. Renouncement of Claimed Medical Expenses | In some situations, a beneficiary may wish to receive a lower rate of pension to establish eligibility for benefits from another agency. The table below outlines the guidelines to apply in such situations.
|
5. Verifying Medical Expenses
Introduction | This topic contains information on verifying medical expenses, including
|
Change Date | August 17, 2022 |
IX.iii.1.G.5.a. When to Request Provider Proof | Request provider proof of claimed medical expenses when some or all of the expenses are questionable. Questionable medical expenses are those that raise doubt of validity. Examples of questionable medical expenses:
|
IX.iii.1.G.5.b. What Constitutes Acceptable Provider Proof | Provider proof can be in the form of a receipted bill, statement on the provider’s letterhead, computer summary, or other document from the provider showing all of the following information:
|
IX.iii.1.G.5.c. Obtaining Proof of Expenses | Follow the steps in the table below to obtain proof of medical expenses.
|
IX.iii.1.G.5.d. Beneficiaries Affected by Natural Disasters | Victims of natural disasters may have lost or misplaced many of their possessions, including personal documents and records. Such a situation could make it especially difficult to obtain provider proof of their reported medical expenses.Natural disasters include, but are not limited to
|
IX.iii.1.G.5.e. Verifying Expenses for Beneficiaries Affected by Natural Disasters | Follow the steps in the table below to verify reported expense(s) for an alleged victim of a natural disaster.
|
IX.iii.1.G.5.f. Incidental Medical Expenses | Do not request provider proof for mileage and incidental medical expenses unless the amount claimed or the number of items claimed appears questionable. Incidental medical expenses are relatively low-cost expenses for which the claimant would not normally be expected to have documentation such as parking fees or cab fares. Whether a particular expense is an incidental medical expense is a judgment call by the claims processor. Do not routinely request verification of incidental medical expenses when sending out VA Form 21P-8416. |
IX.iii.1.G.5.g. Proof Not Required for Medicare Part B Premium | Do not require provider proof from SSA for the Medicare Part B premium. Insert a copy of the Share/VBMS Social Security print in the eFolder each time an award is processed to allow a UME deduction for Medicare reasons. |
IX.iii.1.G.5.h. Acceptability of Photocopies | Photocopies of receipted bills, canceled checks, or other documents are acceptable provider proof as long as they are legible and appear regular. If there is any question as to the validity of a photocopy, request the original document. |
IX.iii.1.G.5.i. Provider Proof Maintained in the eFolder | Maintain provider proof of claimed medical expenses in the eFolder. When requesting provider proof, advise the claimant that photocopies should be submitted if the original documents are needed for insurance, tax, or other purposes. Use the table below to determine the actions needed based on the documents submitted as proof by the claimant.
|
Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part IX, Subpart iii, Chapter 1, Section G (U.S. government work, reproduced for reference). Browse all sections →