Liberalizing law question

Discussion in 'Veteran Application' started by Jandy, Feb 12, 2016.

  1. Jandy

    Jandy Jr. Member

    Hello, I'm hoping for some advice on whether pursuing additional funds under the liberalizing law is advisable in our circumstances.

    Some background:
    (1) Sept 2014: Dad's wife died. They had both been living at home and she took care of him. Dad's health was in about the same shape then as now.

    (2) Sept 2014 - July 2015: My brother moved into Dad's house and took care of Dad (meal prep, asst with toileting & transferring, took him to dr apptmts, ordered and picked up Rx, cleaning, laundry, etc). Home health did come in twice a week and showered Dad, checked his vitals, etc....Note my brother did not have an outside job during this period--he took care of Dad full time.

    (3) July 2015: My father went into an ALF. I immediately filed the Intent to File that same month.

    (4) October 27, 2015: I filed the full application for A&A on the basis of Dad's expenses in his ALF.

    (5) Mid-January (last month): My father was approved for full A&A benefits. In the approval packet, the VA said Dad may be entitled to pension up to 1 year prior to claim (from Oct 2014 to Oct 2015) and enclosed forms EVR and MEP.

    OK, so here's the deal: it looks like if we try to receive benefits under the liberalizing law, that's basically the period during which my brother lived in the house and took care of Dad. We weren't thinking ahead, so we did not have Dad formally "pay" my brother for his care. In fact, as far as a paper trail, I think most of the entries from Dad's checking account would just be in "Cash," which my brother then spent on Dad's care, groceries, gas for the car, perhaps clothing and incidentals for them both, etc.

    Does anyone have any thoughts or advice? If Dad is eligible to receive even a small amount for the year prior, I'd be interested in applying. But I'm not sure about proving it up or if our circumstances are even what the law envisions.

    Thank so much.
     
  2. Kaylin

    Kaylin Hero Member Staff Member

    Jandy,

    First of all, congratulations on getting the Aid and Attendance benefit for your father! That is a big accomplishment and I hope it helps. As far as your question, I believe you would really have to show financial evidence that your father was paying your brother for care in that time (up to 12 months for the Liberalizing Law) before the application for A&A was sent in. It may be worth a shot, though, to go ahead and send in the bank statements, showing as best as you can where your father was paying your brother during that time period.

    There's no fault in trying.
     
  3. vetadmin

    vetadmin Administrator Staff Member

    Jandy,

    One of the few things the VA is good about is letting applicants know they "may" be entitled to the previous 12 months if expenses were roughly the same for the prior 12 months.

    If they have not made you aware of this, as Kaylin said, it can't hurt to apply for it, if his physical condition and expenses were the same the previous 12 months.
     

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