aid and attendance

Discussion in 'Share Your Personal Experience' started by catdaddy, Dec 29, 2014.

  1. catdaddy

    catdaddy Newbie

    I have been reading and reading on the process for A&A. I'm glad that I came back to this site.

    My mother is the surviving spouse of a WWII veteran. As far as I know, my mother does not have any of my father's military papers.
    My brother is in process of getting power of attorney for my mother. She is suffering with dementia type symptoms after a fall about 6 weeks ago. She is now in assisted living. As I learned this afternoon, we will need a fiduciary.

    Do most people complete the A&A process on their own or go through some type of elder service?

    Thanks and thanks to many posts.
     
  2. vetadmin

    vetadmin Administrator Staff Member

    Most of the folks here have used the site and this forum to make the application.

    You can send off for a copy of your Dad's Discharge papers via this link. http://www.archives.gov/veterans/military-service-records/standard-form-180.html

    While you are waiting to get all the documents together you can file an "informal" claim that will start the effective date on the claim.

    If you are looking for assistance in completing the application, send me an email for a referral.

    You can submit a one-page VA Form 21-4138 (Statement in Support of Claim) which will get the claim into the system.

    You should include the following statement on Form 21-4138 in the space allotted:

    Please accept this correspondence as my informal claim for non service-connected pension with 'Aid & Attendance' benefit ("for a surviving spouse" or "for a veteran"--list only one), as provided by the following regulation:

    38 CFR 3.155 Informal Claims

    (a) Any communication or action, indicating an intent to apply for one or more benefits under the laws administered by the Department of Veterans Affairs, from a claimant, his or her duly authorized representative, a Member of Congress, or some person acting as next friend of a claimant who is not sui juris may be considered an informal claim. Such informal claim must identify the benefit sought. Upon receipt of the informal claim, if a formal claim has not been filed, an application form will be forwarded to the claimant for execution. If received within 1 year from the date it was sent to the claimant, it will be considered filed as of the date of receipt of the informal claim.

    (b) A communication received from a service organization, an attorney, or agent may not be acceptable as an informal claim if a power of attorney was not executive at the time the communication was written.

    (c) When a claim has been filed which meets the requirements of 3.151 or 3.152, an informal request for increase or reopening will be accepted as a claim.

    Make certain the veteran or surviving spouse signs the claim. You will not have a file number assigned yet so leave the box in the upper right hand corner "VA File Number" blank.

    Once the form has been submitted, you will have one year to file the formal package with all supporting documents.

    Be aware that the VA will respond to this informal claim by sending you a notice that your claim is incomplete along with a formal claim to be completed. If you already have a Form 21-526 or 21-534, you can ignore this letter, but make certain to keep it with all your copies of any VA correspondence.
     
  3. DFlieger

    DFlieger Newbie

    You should be able to do the paperwork by using the GREAT HELP from this site. Deb and the sr. advisors are awesome! Do NOT pay an attorney!! They are only to charge $15.00 for the application process, one attorney wanted $6,500 for the appl. and addl. $1,000 year for review.

    Best advise, following Deb's instructions, get a legal pad, pencils, and a couple of file folders. Take a deep breath and start, you will amaze yourself at what you can do. AND it feels right about helping out your mom... bless you.....
     
  4. vetadmin

    vetadmin Administrator Staff Member

    Thanks for the very kind words Patches01.
     
  5. beachfrau49

    beachfrau49 Newbie

    I am just starting this process. Sorry, if this is old to you or if I seem uninformed. I read what you recommended that should be stated on the Form 21-4138 to lock in the date while we get the documentation. Do you mean the entire text as follows?
    Thank you so much.

    Please accept this correspondence as my informal claim for non service-connected pension with 'Aid & Attendance' benefit ("for a surviving spouse" or "for a veteran"--list only one), as provided by the following regulation:

    38 CFR 3.155 Informal Claims

    (a) Any communication or action, indicating an intent to apply for one or more benefits under the laws administered by the Department of Veterans Affairs, from a claimant, his or her duly authorized representative, a Member of Congress, or some person acting as next friend of a claimant who is not sui juris may be considered an informal claim. Such informal claim must identify the benefit sought. Upon receipt of the informal claim, if a formal claim has not been filed, an application form will be forwarded to the claimant for execution. If received within 1 year from the date it was sent to the claimant, it will be considered filed as of the date of receipt of the informal claim.

    (b) A communication received from a service organization, an attorney, or agent may not be acceptable as an informal claim if a power of attorney was not executive at the time the communication was written.

    (c) When a claim has been filed which meets the requirements of 3.151 or 3.152, an informal request for increase or reopening will be accepted as a claim.
     
  6. vetadmin

    vetadmin Administrator Staff Member

    Yes, and welcome to the forums.
     
  7. beachfrau49

    beachfrau49 Newbie

    Thank you for the reply.
     
  8. vetadmin

    vetadmin Administrator Staff Member

    You're welcome.
     

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