Trying to Understand the VA system....

[Red Headed Mommy]

What a lofty goal I have :-), but I am trying to better understand the VA benefit process.  This week, I sent in our completed application (via certified mail/return receipt, of course) for my 90 year old father in law who has minimal net worth.  In both the informal claim (filed about 2 weeks prior to the completed application) and the completed application, we requested the claim to be expedited.  I have 2 questions:

Question One:  In one of the recent posts, vetadmin stated that the VA typically holds back one month.  I am trying to figure out how this works...does this mean that the VA indefinitely holds this back until death?  HOPEFULLY I won't need this info for YEARS, but does that mean you have to eventually file VA form 21-601 Application for Accrued Amounts Due A Deceased Beneficiary at the "end of life" to collect the full amount due to the veteran or does this mean that the veteran receives the benefit for the month death occurs? 

In our case, we will have filed in February 2011, so benefits will eventually start with March 1, 2011...In our case, my father in law has been in the assisted living facility since February 2009.  Since his condition has been the same for the past 24 months and his countable income has been negative during this time, we also requested the claim to have a 12 month lookback award.  Again, I am trying to understand how the payment process will work...

Question Two:  Where do I call to follow up on the status of the application?  We live in Texas and filed the claim in St. Paul, MN.  I want to set up a monthly tickler to call to follow up on the application...do you think doing this is will help or hinder?  Should I use iris.va.gov?

Thanks!

[vetadmin]

First, let's slow down a bit.  You are getting way too far ahead of yourself. With you just sending the app in this month........I don't want you expecting this to all come about in short order.  There is a process, and you have only started.

Don't worry about the month being held.  That's the last thing you need to worry about right now.

The VA has some strange unknown formula for factoring in the previous 12 months, so you will have to see how they rule on that.

Do not start calling the VA monthly.  You will shoot yourself in the foot for doing so.  At a bare minimum you need to wait 90-120 days to hear back from them acknowledging receipt of the app, and they will at that time assign a file number.

You really can't start pushing on this until the 6mth range if a ruling has not been awarded by that time.  You can call around 4 mths into this to "nicely" inquire about the status of the application, and "nicely" remind them, that he is 90 years old, and respectfully ask that that honor that.

No on IRIS.

[Red Headed Mommy]

Ok--appropriately chastised:). This is REALLY HARD for a type A personality. I am really hoping I will be one of those "40 day success" stories, but will busy myself with other things for 4 months :-)

Thanks for helping me "cool my jets!"

Thanks Debbie!  You and this site are amazing!!

[vetadmin]

From one type A to another, I just want you to be realistic, and then hopfully be pleasantly surprised.  If you read through this forum, you will find that 40 day award is not the story that most have.  I didn't want to see you set yourself up thinking "any day now".

I've been at this for over 5 years now thinking "any day now" someone will help me get this to a national level.  Who wouldn't want to help change the lives of millions..........still waiting.

Thank you for your kind words.

[swainlaw]

Since all of our WWII veterans are over 84 it is hard to get them to make an exception unless they are in hospice.  The regulations say they are supposed to expedite the claim when they are in hospice, but even then I have not been able to get them to move any faster.

She should keep detailed records of what she spends on his behalf and pay any burial expense out of her money so she will have a claim for accrued benefits if he dies before he has gotten the back payments.

Dealing with government can be very stressful for anyone but especially for "A" personalities.

[Red Headed Mommy]

"Swainlaw"--you raise an interesting question for me.  Currently my father in law has very limited assets,  barely enough to cover 6 months before his family will have to make his payments.  Since we filed the completed application in February 2011, his eligibility date should be at least to March 1, 2011 (or better yet, the 12 month look back)...I realize that realistically it takes 4-6 months to receive a determination letter, and later before we receive the funds. 

Rather than make future payments from my father in laws account, would it be better for the family to pay the assisted living facility directly on his behalf so we would have a claim for accrued benefits if he dies before he has gotten the back payments?  If we make payments on his behalf, why type of payments would be eligible?  I am guessing his assisted living facility rent, and prescriptions, but what about other payments that he needs to live (e.g., haircuts, toiletries, telephone, clothes, etc.)  Since these are not medical in nature, would we be entitled to recoup these?

I hope this question makes sense...

Thank you!