Question about Progress of Claim

[maralina1]

My mother called VA today in reguard to progress of claim that was sent in on 5/8. She was told that it was in the final stage and she would be recieving a letter in 7 to 10 days. The rep did not know if the claim was approved or not. I am worried bcause they never called with any questions reguarding claim. I am the caregiver(daughter) and they never had any questions about me. Also, they never sent my Dad a letter about ruling incompetencey. Do you think I should be concerned/

[Fit2009]

No,
They rarely call and the letter regarding incompetency comes with the award letter.  Most letters are sent at the end of the 3rd week of the month.

[maralina1]

I thought he had to waive his right reguarding an incompetency ruling before claim was approved.

[Fit2009]

No, once approved, the monthly amount will be deposited each month regardless of competency - to get the amount that has accrued since you first filed you will need to do the fiduciairy steps - but the monthly money will keep coming while you wait.  Thank Goodness!

[VSR]

I thought he had to waive his right reguarding an incompetency ruling before claim was approved.

You cannot waive due process for a proposed incompetency rating prior to being notified in writing of the proposal.  This is because a finding of incompetency also has other legal implications aside from VA benefits (i.e. Brady Handgun Act).