My Story - Debbie Burak

[vetadmin]

Janet,

Thank you for your very kind words.  It truly is an honor to know that my mom did not wait in vain, and that a greater good did come from our experience.

I'm glad that you found the site, and hope that we can be a resource for you and help you through this process.

Debbie

[rockingma21]

What a wonderful and helpful site! You are a great resource for us who are navigating this VA system!
I need HELP!!!!
My 83 yr old father was a WWII and Korean War Vet.  In 2003, with the help of a local VA Rep, he had applied for VA pension for him and my 76 yr old mother.  Their only income was $1050/mo from Social Security and they had no resources.  They were paying $1,800/mo for out of pocket medical expenses, so they were going back $750 every month.  They had been borrowing money and taking out loans and maxing out credit cards for years to stay afloat.  The VA sent a denial notice stating that they were over income for benefits and they explained how they calculated his income and expenses.  The VA considered my parents income of $1,050/mo but they counted the expenses as $1,800 a year instead of a month.  The VA Rep got the copy of the denial and he never told my dad that he could appeal it and I don't think that the Rep reviewed the decision either.  My dad passed away completely destitute in November, 2010 and the only thing my mother was left with was an overwhelming amount of debt.  I filed a surviving spouse A&A claim on 12/15/10, and VA has approved her for benefits.  However, I wanted to know if I could file a request to reopen the original claim or file a CUE, as it was clearly a mathematical error and easy to prove the mistake.  I have all of the original paperwork, application, denial etc... Thnx!

[rockingma21]

Does anyone have any advice for my situation with my father's originally denied claim based on the mathematical error?
Thnx,
Rockingma21

[vetadmin]

Unfortunatley, too much time has passed for you to be able to appeal.  You have up to a year to make an appeal, and if none was filed in that timeframe, you have no recourse in going back on the error.

Sorry!

[rockingma21]

I did a ton of research and if there was an error made on an application for pension by the VA, then you can file a Clear and Unmistakeable Error (CUE) Claim.  Unlike an appeal, there is no deadline to file a CUE and it can be filed anytime, however, you can only file it once, so you need to make sure that you do it correctly the first time and you have to make clear why you believe that the VA had made an error on denying benefits.  You should also make sure to get access to the vet's entire military record and review it prior to filing the CUE claim.
Rockingma21

[Punka813]

Hi Debbie,  I, too, am so glad I found this site.  It alleviates some of the frustration knowing I am not alone.  I first filed for my mother in July 2009 through a local vet representative.  We submitted every form possible - many times more than once - and went around and around getting nowhere.  In April 2011 my representative "retired" and was going to pass along my claim to someone else.  At this point (almost 2 YEARS after we filed) I did not want to continue on the same path.  My frustration level was over the top.  I was desperate and hired (what I've heard is a reputable) outside company to continue the quest.  They filed another round of forms in August 2011 and I haven't heard anything other than a response in September 2011 that they received the claim and are working on it.  Here we are almost 5 months from that correspondence and still NOTHING.  In July it will be 3 years since I first filed.  I think I'll take the several suggestions I've seen and contact the Senator and Congressman.  I live in a different state than my mother.  I assume I contact the Senator and Congressman from HER state?  In everything I've read, I haven't ever heard of ANYONE'S claim going on for THIS long.  It's pathetic.
I appreciate any thoughts.
-Kelly

[vetadmin]

Kelly,

You should make that call TODAY!  You would contact the Senator or Congressperson of her state. 

There is zero excuse or reason for this simple application to still be pending 3 years out. 

Curious what state does your Mom live in, and would you email the name of the company you used, so that I will have some insights as to what may have gone on here.

Thanks!

[Punka813]

Thank you so much for your prompt reply.  I will make that call.  And I will email you.  Kudos to you for all of your efforts.
Thanks again, Kelly

[vetadmin]

Kelly,

Please see the email I sent you regarding your Mom's situation.

[epcraig]

Just found my way here. I hadn't heard of A&A before now.
I live alone. I turned 61 on 7 November.
I had my first stroke five years ago in the fall of 2006, the second was spring of 2010. Now I have retired. I expect a VA social worker to come visit on March 7 when I expect to find out more about my situation from her. I was referred to the Lane County Veterans Assistance because I claimed Veterans status. They wrote my forms out to apply for a basic pension because my first stroke took away my handwriting. That was approved. This has been an unexpected adventure in bureucracy. It's gone better than I expected so far.

[vetadmin]

Glad that things have gone well for you so far, and hope that continues to be your experience.

Thank you for your service to our country!

[momof3]

Thank you for sharing. I am very relieved to have someone to relate to. I know it has been a long time since my father's death. Now that the VA said his death was service connected, I will continue to follow through with his claim. It's terribly bittersweet to finally have answers of his death but then to find out 16 years later after knowing my family and I would have been entitled to something. I hate that he passed so soon and while in the middle of it.You have inspired me to not give up. Thank you. =-)

[vetadmin]

You are so welcome, and thank you for your kind words.

[MiataDriver]

I'm so glad I found your site today after a long frustration with the VA and their phone system with no answers.  I started my Mom's claim with the aid of a man somewhat doing what you are doing, helping others free of charge because of an Uncle that didn't find help soon enough.  Anyway...In Nov. 2010 I started this mess.  Got the paperwork in, in March 2011, it was denied...they filed it wrong.  They filed DIC rather than Aid with Assistance.  My person helping told me what to put on the form, told them the VA made an error and they did not take Mom's expenses into account.  It was reopened in May 2012.  Now 17 phone calls later with two inquiries, one that had a call back and the other that did not...still waiting...it's been 33 days since that, I have no answers.  It's in the process which is supposed to take about 126 days on average...well, I'm way beyond that!  Mom is 90 and she very shortly may have to go into assisted living.  She has dementia and her funds are getting lower, when she moves they will be going faster as many of you know. 

I did contact our senator but they got no answer.  I'm not sure what to do now.  I feel like the VA is sitting on this.  The call center is really a waste of time & the VA's money because they are only giving answers that they've been told to give.  No supervisor is around to ask questions.  They have been very friendly but really no help.    I don't understand why any of this process should take so long.  All my paperwork was complete with the first filing, she qualifies and should get it. 

Any suggestions?

Mary Beth

[vetadmin]

Mary Beth,

If it were me, I would contact the Senator again and let them know there has been no progess made, and that you need them to intervene again, and push for an answer.  Stress the amount of time and your Mom's advanced age, along with all the details you have posted.

If they won't help, then contact your other Senator's office.

Contact your local media, and ask them to do a story.  Put pressure however you can.  Not getting an answer is NOT an option.