Help, I'm confused, Va told me Dad's application cancelled?

Discussion in 'General Discussion' started by dbgrin, Apr 5, 2013.

  1. dbgrin

    dbgrin Newbie

    I sent statement in support of claim in July 2012, Dad's application in Aug 2012, got return receipt. Received letter from VA stating they got 21-4138 with an application for us to fill out. We received this after we had already sent in the completed application. We got a letter in Dec and again in February 2013 stating that the VA is still processing the application.
    I was ready to send in a statement of support to add my mother and update my fathers condition Due to the fact he has got worse and now needs full time care. A VA volunteer referred me to Veterans office to see where Dads claim is in the system. He talked about 4 "steps" or 4 "levels" and if I sent a notice to include mom it might bump it back to a lower step. Soooooo, I go there and the benefits counselor tells me Dad's application for pension was cancelled in Sept 2012. He also pointed to my letters from VA that only says "Compensation" application is being processed.
    Was I not to check both compensation and pension on the application?
    We have not got anything about the pension part which he said was part of Aid and Attendance being denied or cancelled. Its very confusing.
    The counselor then typed up a 21-4138 stating when we applied and to reinstate the cancelled claim.
    I have a bad feeling about him doing that.
    Sorry for the long story but this site has been great and I feel like I really screwed up and now we are back to square one. Should I resend the entire application (I am sure I should not), But?
    Any suggestion?
    Thanks David
     
  2. vetadmin

    vetadmin Administrator Staff Member

    David,

    You cannot file for both "compensation" and pension. It's either or, one or the other. I believe with what you have shared, it added to the confusion, but the VA should have gotten back with you to clarify, and not have closed the file.

    All that said going forward where you are now, the counselor is correct. By submitting the 21-4138 letting the VA know the application was for "pension" and to reopen is correct.

    I agree that you should not do anything else at this time until you get this resolved. Adding information, changes will only delay things at this point. You need to get the first application through the process and NO, you do not send in another application.

    You need to wait to see what comes from the 21-4138.
     
  3. dbgrin

    dbgrin Newbie

    Thanks for the reply, I thought I had crossed all my T's and dotted all the I's, but it looks like i goofed @#$%#%*. Part fo my problem is I live 2000 miles from my parents and my siblings are keeping me posted on everything and when I did looked at the stuff that came I did not catch the word "compensation".
    Thanks again, You are a wounderful person and this site is so awesome.
    David
     
  4. vetadmin

    vetadmin Administrator Staff Member

    Thank you David, and I hope you can get this resolved soon. It is not easy understanding this process or the terms that might mean something else to those who don't speak VA language.
     
  5. Argh-- why is it then that the 21-526 has a box for "Both compensation and pension" -- (Block 1: "For what benefit are you applying?"? I was about to check it! the local vet office sent me to the DAV for help, and they told me to check the "both" box as my dad has multiple myeloma and served in an agent orange area (hence the compensation application), and because he now requires full-time care (hence the A&A pension application).
     
  6. vetadmin

    vetadmin Administrator Staff Member

    Because the VA does not train local offices to understand the difference.

    A vet cannot draw both "compensation" for injuries and make an application for "pension". If the vet is rated VA Service-connected at 100%, they can have the adder of A&A, which is the ONLY exception.

    If the Vet is already receiving "compensation" they have to determine which would pay the higher rate - compensation or pension, so the 21-526 is the standard application for both compensation or pension, so you have to clearly mark which one you are applying for, and CANNOT mark both. If the vet is rated 100%, they don't have to do the application, just a Statement in Support of Claim and the Phys' evaluation stating they now require the assistance of someone for their daily living.

    A lack of education on the VA's part causes more harm than good done.
     

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