EVR mess...what now?

[lindalouu2]

Dear Vetadmin...I dont know where to turn concerning the evr form I must fill out. Went to the local VA guy and he says I must fill out the form 21-8416 concerning ongoing medical expenses. Back when I filled out the claim form I had innocently said I charge mom all income for caring for her. I thought by having the Dr. paper stating she cant take care of herself was proof she needed 24/7 care. And now it seems like I have to have paper "proof" or a caregiving contract in place about it. Still waiting for the VA guy to call me back cause he is not sure of this or that. I cant wait much longer...I am so fearful. Can you give any advise...do I need a lawyer now before the form is due. Can we talk on the phone maybe?

[vetadmin]

Linda Lou,

We are sorry to say that your situation is indeed one that is going to require legal assistance to help navigate your lack of documentation in support of the care you provide for your mom.  Because this is beyond the scope of our expertise, we highly recommend that you talk to an 'Elder Law"Attorney just to make sure that you get everything done correctly.

It appears as though this was a honest mistake and the attorney will probably write-up a "Statement of Understanding" for each to sign for future reference, if needed. 

You should start having your mom write you monthly checks for future reports.  The attorney should know that rent or room/board does not count as medical expenses.  They could say something like 'personal care'. You will have to be careful what you put down on the form for this time or the VA may try to recoup some of what was paid.  The VA's position may be that they think you are trying to beat the system, but we are sure this was an honest mistake and the VA should have provided better instructions.

Sorry to not be able to offer more assistance or better news on this one.

Good luck and please keep us updated so that anyone else who may find them selves in this situation can benefit from your experience.