Some quick A and A filing questions

Discussion in 'Veteran Application' started by HelpinDad, Jan 13, 2016.

  1. HelpinDad

    HelpinDad Newbie

    Hello,

    I hope to file a FDC (fully developed claim) for A&A for my Dad a vet of the Korean War. I plan to mail it on Jan 27, two weeks from today. Should I (or even can I) file an intent to file claim with VA to establish a date on record? The reason I ask is that I understand VA retroactively pays back to the date claim is received. But does filing intent disqualify FDC status?

    Is there a form for doing the above or do I just write a letter?

    How does one designate the application as a fully developed claim? Is there a form that establishes the claim as FDC or do I just state it in cover letter?

    If I am helping my Dad by putting all this together for him, on form 21-2680 Am I the claimant ?

    My father suffers some confusion but has not been medically diagnosed with dementia. He understands his finances but I generally do his bills and keep his checkbook balanced for him. I am his health care surrogate and POA. I know that VA doe not recognize either of these designations. Should I seek a designation of fiduciary from VA or wait until further developments after A&A is awarded?

    Dad is in a Assisted Living Facility. I read here to strike out all instances of the words Nursing Home on VA form 21-0779 and write above "ALF" or Assisted Living Facility. Is this correct? Also on same form should question 10 have "INTERMEDIATE NURSING CARE" checked?

    Thank You so much. When I first discovered A&A I thought I was going to have to hire someone to do this. But all of you have made it much more manageable. Thanks Again.

    Tom L.
     
  2. vetadmin

    vetadmin Administrator Staff Member

    HelpinDad,

    There is no need to file an informal claim "intent to file" given that you are mailing this month. Two things being received in one month would have no impact on effective date.

    You are never the claimant on anything, your Dad is.

    You do not address your Dad's mental state or his dementia. You let the VA make the ruling of "incompetency" based off of the Physician's evaluation (21-2680), and once the award letter is received, you apply to be appointed as his Fiduciary.

    Yes, cross through nursing home, and put ALF. Don't forget the Statement of Occupancy from the facility.

    Yes, you can indicate on VA form 21-4138 Statement in support of claim, that his application is a FDC claim.

    Good luck with it all, and don't forget to keep a complete copy of the entire application for your records, and to mail Return Receipt to the correct Pension Maintenance Center for his state.
     
  3. Kaylin

    Kaylin Hero Member Staff Member

    HelpinDad,

    There is not a point of sending an Intent to File if you are getting ready to send the entire application so soon. I would just send the application. You can write on the cover letter that it is an FDC.

    Your father is the claimant. If you see this thread here as an example of how this person signed off for their mother, it can give you an example of how to state it: http://www.veteranaid.org/forums/index.php/topic,3046.msg12517.html#msg12517

    Wait until the VA rules that your father needs a fiduciary. Never claim yourself as the fiduciary until they make that ruling. They can award your dad the amount and tell you that you need to appoint a fiduciary. Then you move forward with that process.

    You can write "ALF" instead of Nursing home on the application.

    Keep in mind the main things the VA is looking for is how much your father's income is being depleted by costs of care (like the assisted living facility). As long as you give them the right forms, show how much your father is paying for care, and how much he currently has in assets, you are headed in the right direction.

    I hope this helps!
     

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