Initial Response - Philadelphia Center

[vetadmin]

It sounds as though they are processing the application for the wrong benefit.  I would call them and ask what they are processing for.
The cause of death would normally only be due to the fact they are trying to deny the claim stating that the death was not caused by service related injuries, whereas for Pension Benefit, the fact the veteran is deceased should be sufficient.

I do recommend calling and getting clarification that the application is being processed for Pension Benefit and NOT Compensation.

Good Luck and keep us posted.

[emce48]

After sending in Death Certificate showing cause of Death, which I have return recipt showing arriving 4/27. Numerous calls ( they always said an inquiry was being generated ) I received a call yesterday. from the VA indicating  they had all documents and my Mothers file was now before their review board. Is this a normal procedure ? They could not give me a time frame for final decision. Congradulations to all I have seen finally reaching the end of their journeys. Hopefully after 9 months mine is nearing a conclusion.

[vetadmin]

There really is not any reason that I can see that would warrant this being before a "Review Board", and that VA rarely if ever gives a timeframe.

The concern is that they are looking at the cause of death and they only do that when they are processing for DIC.  You need to confirm with them that this application is for Improved Pension, which does not look at the cause of death, only verifies that the veteran is deceased.

I still think this is being processed for the wrong thing, and won't be surprised if the ruling comes back denied stating the veteran's death is not service related.  I would not wait on this.  Call and confirm it is being processed for the Aid and Attendance level of Improved Pension.

[emce48]

I did call and it was confirmed that the application was being reviewed for Aid and Attendance. I was told that the file was now complete and I should be receving notification within a week. His story was he could not tell if file was approved. When I asked about why certifiacte of Death showing cause had been requested, all I get is " they do no have that information, only that it has been requested.

I'll keep my fingers crossed .. Thanks so much for the help and support

[vetadmin]

Well let's just keep our fingers crossed here that you will have positive news to post in the very near future.  Funny how the VA can't seem to ever tell you anything even when they have the file right in front of them.

You're welcome for the support.

[emce48]

I am very happy to report that i received notification yerday that the Va has found: 
 
1." Entilement to Aid and Attendance for ( my Mom) is established effective September 18, 2009"


2. A finding of incompetency is proposed.

I am very happy to report that I received notification yesterday that the VA has found: 
 
1." Entitlement to Aid and Attendance for (my Mom) is established effective September 18, 2009"


2. A finding of incompetence is proposed.

At the time of filing I had notified VA that we would have no issue with finding of incompetency and that I wished to be named fiduciary. I have POA in state of Florida for my Mom. I know VA does not recognize this. I also requested that benefits not be withheld during fiduciary process. There is a statement they have no record of her appointing a representative. I have previously filled out a 21-22a and 21-0845.

The notice informs that we have 30 days to contest finding of incompetency which we do not intend to do. The statement is “If within 30 days from the date of the notice, VA receives your hearing request, we will continue to send payments to you until we have held the hearing and reviewed the testimony".

I do not find anywhere in the notification the amount of the award or a time frame for expecting the initial payment

Before calling to inquire as to procedures for the next round of battles – If you would be so kind as to give me your thoughts.

Thank you

[vetadmin]

Waive due process, appointing you as fiduciary – signed by applicant

Letter from you saying you will be fiduciary.  Must arrive within 30 days or 60 day waiting period after 30 days expires.

  21-22a is not fiduciary, they are notifying you that they’d like them to get a service organization involved to slow things down…or slow it down by your arguing that you are the rep… so LET IT GO, waive DP accept fiduciary, and get the money.

[emce48]

Thank you so much for the support during these months. Award letter was received this Friday which actually noted award and date we could expect deposit in to her account.  As it has been detailed, the initial deposit will be for one month and back payments withheld until fiduciary interview.

As noted in the Newsletter - The VA may approve benefits for one year prior to original application. Is there a separate form that needs to be filed?  I have letter from Physician and Assisted Living Center that was sent in with original application stating that of 06/02/2004 my Mother had the conditions which the VA has ruled she is entitled to A&A.

Thank you So Much!!!

[AnnieN]

I'm going through the process right now of applying for the "Pension up to one year prior to the date of your claim" for my parent, a vet.  What our decision letter (claim established effective February 2, 2010) said about applying was:

What we need from you:  We have enclosed a VA form 21-0510, Eligibility Verification Report Instructions, for your use.  Please complete and return the attached VA Form 21-0516-1, Improved Pension Eligibility Verification Report (Veteran with No Children) and VA Form 21-8416, Medical Expense Report showing your income, net worth and un-reimbursed medical expenses for the following periods:
February 2, 2009, to December 31, 2009
January 1, 2010, to February 28, 2010
March 1, 2010, to December 31, 2010.

They said to send the information as soon as possible, preferably within 30 days, but up to one year.  Also, they sent the form 21-0510 and three forms 21-8416, but no form 21-0516-1.  I downloaded it. 

This isn't an easy process for me and you should find a thread where I've asked questions of this group.  Figuring out what is income versus net worth is an issue.  Also "net worth" at what point of time is a problem.  I can't tell you what to do because I haven't been successful yet.  But I can tell you what I have done.

[emce48]

Annie - thank you so much for the info !