Do NOT tell the VA you have an irrevocable trust!

[JJLJ]

After many frustrating months, working with TWO elder care lawyers, my mother got denied by the VA for aid and attendance because they counted the assets in her irrevocable trust.  The lawyer told me I should NOT have told them my mother put her assets in a trust, because technically, the funds are no longer hers.  I plan to appeal based on the fact that my mother does not have access to the trust, but at this point I have no faith that the VA will approve her application.  I wish someone had told me that before we applied....

[vetadmin]

First off - DO NOT appeal the decision.  If you have a valid claim to come back with information that states otherwise, you would want to do it on a 21-4138 Statement in Support of Claim.  If you "appeal" you will have just bought yourself a 2+year process to go through.

Here is the deal on the trust: If the trust is worded correctly – i.e. it cannot say that the funds can be used for her, then she should be fine, if it isn’t, the VA is correct in denying her the claim.

If the wording in the trust does not say funds can be used for her or that she has access to the trust, then you simply do the 21-4138 and clearly state that you believe there was an error in factoring the trust in as she has no access to it, and that the funds cannot be used for her, and to please reconsider the claim without factoring the trust in as an asset.