Confused

Discussion in 'Share Your Personal Experience' started by lrenaud, Jul 6, 2014.

  1. lrenaud

    lrenaud Newbie

    My mother has received a response from the VA but there seems to be conflicting answers within what she received.
    One section of the correspondence states that they denied the claim for dependency and indemnity compensation (DIC) death pension and accrued benefits and goes on to explain how they arrived at that decision. (Basically too much income)
    Then, in another separate section, it says - Entitlement to aid and attendance allowance for xxxx is established effective January 29, 2014. and then goes on to give the reason and at the end of that states: Entitlement to special monthly pension based on the need for regular aid and attendance is granted effective January 29, 2014 the date your original claim was received by the Department of Veterans Affairs.
    We are confused...was she approved or denied?
     
  2. vetadmin

    vetadmin Administrator Staff Member

    It appears that they approved her for Aid and Attendance, but did not for Death Indemnity Compensation, which is only for those whose spouse died due to service-related issues.

    Did you apply for A&A or DIC?
     
  3. aid4momga

    aid4momga Newbie

    Hi "Confused" & Debbie,

    Mom received similar letter .... the VA denied DIC since, "...there is no evidence to show that the veteran's [Dad] death was related to military service." But she didn't apply for DIC, and I don't remember that in the A&A application at all. That was very confusing to us, since VA's letter began with that.

    VA went on to say that Mom's income as of February 1, 2014, "...exceeds the maximum annual limit set by law for death pension at the aid and attendance rate." They said that Mom could reapply when her income dropped, or medical expenses increase.

    Mom, at 90, is still living independently, but with different physical problems, it might require a move to assisted living. So when that happens, we will certainly reapply.

    Any thoughts would be helpful.

    Thanks!

    Greg
     
  4. aid4momga

    aid4momga Newbie

    Hi again ..... just called the VA and got a clarification on (1) being denied Dependency & Indemnity Compensation (DIC) first .... and (2) in the same response letter, being denied A&A, that we originally applied for.

    The VA considers A&A supplemental to either DIC or a pension. When they receive an A&A application, they automatically calculate to see if the applicant is eligible for DIC w/ A&A .... or for a pension w/ A&A.

    Re (1) above, Dad didn't die while in service or from a service-connected condition. Re (2), A&A was denied because Mom's income is just above the "death pension at the A&A rate."

    So we will re-calculate ..... and also reapply when living situation changes, most assuredly making medical costs increase.

    Good luck all !

    Greg
     
  5. vetadmin

    vetadmin Administrator Staff Member

    If only the VA could speak in plain simple English, how simple life would be!

    If she is over income limits right now, then just stay focused on that, and if things change, then you can do a Statement in Support of Claim (21-4138) and update them on the increase in her expenses to recalculate.

    Thanks for the update, and sorry it has been so confusing for you.
     

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