Notice of Disagreement

Discussion in 'General Discussion' started by ChildWWIIVet, Dec 3, 2015.

  1. ChildWWIIVet

    ChildWWIIVet Newbie

    My mom is currently receiving the basic VA benefit, and has been for the past 3 years. I submitted her non recurring medical expenses in the amount of 2500.00. The VA reimbursed only 1700 of that amount. The letter she received did not explain the difference. I know my numbers are correct and called the VA this morning. I appreciate that the individual I talked to on the phone was doing his best to help me, but the VA needs people who can actually answer the question rather than refer me on how I can direct this question to the VA on another form. My question was why the difference between 2500 and the 1700? I was advised to submit a Notice of Disagreement. On the Notice of Disagreement it states that this is the only way to start an appeal process. I do not want to wait 3 years. I just want an answer to my question. I have become very knowledgeable in this process and have corrected the VA several times in this process with my mother, but I am at a loss as how to get an answer to this question. Should I fill out the notice of disagreement? Thanks for any advice.

    ChildWWIIVet
     
  2. Kaylin

    Kaylin Hero Member Staff Member

    ChildWWIIVet,

    First, you do NOT want to try to appeal any decision as this is a road that can drag on for years and possibly never come to the end decision you had hoped for.

    So, your mother is currently receiving the basic Aid and Attendance benefit, is that what you are saying? The only thing I can think of that might explain the difference in money is that your mother's assets add up to an amount that would not make the VA want to award you the full amount of $2500. If you want to make more clarification to the VA in response to the money awarded vs. what you believe she should have been awarded, you can always use Form 21-4138. Write to them on this form. That form can be found here: http://www.veteranaid.org/docs/VBA-21-4138-ARE.pdf
     
  3. ChildWWIIVet

    ChildWWIIVet Newbie

    Thank you Kaylin,


    I will use the Statement of Intent form that you recommended. I do not want to get into a long appeals process.

    There are three levels of VA pension. My mom is at the first level, basic, because my dad is a veteran that served during war time, she is elderly low-income with medical bills that exceed her income, and she is under the net worth guidelines. The next level of pension is Aid and Attendance, and the third level is Housebound.

    I did not get into the specifics of the dollar amount discrepancy between my calculations and the VA award because that gets detailed and I am very confident that my numbers are correct. I wish the VA would explain their awards more clearly. For those of you submitting these forms be aware the the VA makes mistakes and you need to stay on top of your awards and make sure you obtain the correct amount. I know the VA is trying hard and they have many outstanding employees, but the reality is they are overwhelmed and many employees will know less than you.

    Thank you again, Kaylin.

    ChildWWIIVet
     
  4. Kaylin

    Kaylin Hero Member Staff Member

    ChildWWIIVet,

    Ah, yes, I understand now. The Basic Pension. Got it!

    I'm glad I could be of help. The Statement in Support of Claim form 21-4138 is used for a wide variety of reasons--especially if the VA is mistaken in their award amount. This form has proven to be one of the best ways to clarify a situation so the VA clearly understands.

    Yes, you are correct. The VA can be very confusing to many and they do make mistakes.

    I hope you are able to get this problem settled.
     

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