VA SAYS THEY DON'T HAVE PAPERWORK ARE WE SCREWED ??

Discussion in 'General Discussion' started by JAMOORE57, May 29, 2012.

  1. JAMOORE57

    JAMOORE57 Newbie

    After waiting many, many months to hear back from the VA on my mother's request for A&A benefits (and assuming the paperwork had been submitted and received) I placed a call to the VA to get a status. We're talking waiting 6+ months. After scheduling a call back (which was 5 days later) I find out they HAVE NO RECORD of ever receiving our application package. And it was not sent Registered or in any manner that we can prove they received it. I verified the address is correct. Now we have to resubmit. Are we screwed out of all the money that we have been expecting to be retroactive to the actual submittal date ? Like 6-8 months worth of payments ??? Does anyone have any experience with this ?
     
  2. vetadmin

    vetadmin Administrator Staff Member

    I hate to be the bearer of bad news, but without any proof of delivery, you don't have an argument you can win.

    Never, ever, ever send the VA anything that does not go Return Receipt!

    I hope you kept a copy of the application and all supporting documents, as you do indeed have to start all over, and the 6+ months are gone.

    Sorry!
     
  3. Fillise

    Fillise Newbie

    I'm so sorry that this happened to you. I agree, don't ever send anything that you can't document reciept. I FedEx everything so I can track it's journey and get a copy of the signature as soon as its delivered.
     
  4. JAMOORE57

    JAMOORE57 Newbie

    Are the A&A benefits retroactive to the time a person enters an Assisted Living facility ? So when we refile everything (and fortunately the filer kept copies, thank the Lord!) assuming the claim is approved they'll pay back to 2011 when she entered the home? Thanks everyone for your input. This is a daunting process.
     
  5. vetadmin

    vetadmin Administrator Staff Member

    No, that would not be the case.

    The VA does allow for certain individuals to be able to claim the previous 12 months if they would have meet all the eligibility requirements both physcially and financially, which you could look into once you are through the process and award is granted.

    There is no guarentee that the VA will grant the prior 12 months. Effective date for you in this case will be the day the get the "new" application, and please be sure to mail "Return Receipt" this time. Glad to hear copies were available for you.
     
  6. vetson

    vetson Newbie

    jam, the same problem occurred for me when I applied for A&A for my Father in October 2011. I submitted my Fathers through the County VA and she prepared all the necessary paperwork which she sent to American Legion for submission to the VA. She stated to me that this must be submitted through an affiliate (American Legion). I waited 4 months, called VA to inquire, they informed me that they do not have a record of the request. I called the County VA agent to inform her of what happened, she contacted American Legion. Come to find out someone dropped the ball, she blamed American Legion. She re-submitted to American Legion, which re-submitted to VA in March 2012. My Father received his first A&A benefit in May. Any retro will only be from the March re-submission date.
     
  7. newpenny

    newpenny Jr. Member

    I never heard of going thru the American legion.Some one wanted politicial power. Shame of the local Va rep, she lost you money.
     
  8. vetson

    vetson Newbie

    He did lose retro money but, he's receiving the max A&A benefit!!!
     
  9. katy225

    katy225 Newbie

    I have to agree with newpenny. Your Father lost several months of benefits because your VA County Rep was too busy "passing the buck". Was this county employee a Veterans Service Officer? If that was the case, then yes, she should be ashamed of herself. She could have helped with the application for your Dad and sent it in. She could have also just assisted with the application and your Dad could have sent it in himself. The American Legion shouldn't be the ones filing or even involved if that were the case. That was the VSO's job.

    I filled out my Dad's application, took it to the County VSO had her look it over and I sent it in to the Philly office myself. It was perfect and therefore, Dad got his award within 10 days.
     
  10. plloyd

    plloyd Newbie

    same thing happened to us. I was mad. Finally they got all the paperwork. what did i do different? I faxed everything. and low and behold they said they recieved all the documents. And are back paying us from the time we put in for it. so make sure you fax everything. worked for us.
     
  11. Red Headed Mommy

    Red Headed Mommy Jr. Member

    On occasions, I have also faxed documents, but I take Debbie's advice, I ALWAYS follow it up with a copy in the mail and send it certified mail return receipt...I make a notation on the postcard that states what I am sending (for example-EVR 2011, or Statement in Support of Claim dated X-X-XX) and attach the postcard with MY copies of what I sent when I receive it back signed as received. I would never fax something without the follow-up hard copy, otherwise there is no proof the VA received it....

    Hang in there...it IS worth it!
     
  12. newpenny

    newpenny Jr. Member

    Remember what Debbie said, the local Va rep is a state employee not federal and they are not trained well. From my personal experience that is true with me. I know more than my local VA rep thanks to Debbie I got improved in 3 weeks for A&A. I already was getting the basic pension and in Dec 2011 I was notified in my EVR letter that I may be eligible for A&A. As I have said before, I called the local Va and they said to this effect" waste of time applying". I found Debbie's site and the rest is history.
     
  13. vetson

    vetson Newbie

    This is the main reason I decided to go with the County Rep, fraud is at a all-time high! I was referred to a couple other Veteran Reps which actually worked for lawyer firms. I'm not saying this is a bad thing but, I'm sure $$$ would have been involved. My sister wanted to attend a couple of these seminars, I'm glad we didn't!!!

    http://www.nbc12.com/story/18743282/chesterfield-woman-fights-so-called-pension-poachers

    Some on here are ripping State/County Reps like they're useless and I find it troubling. My Rep was very professional, knowledgeable and in my mind more trustworthy than a private firm. I would think filing through an affiliate (American Legion) is most likely their protocol for whatever reason, the Rep was genuinely concerned the request wasn't filed and followed-up immediately.

    Unfortunately, I didn't find this forum prior to filing A&A for my Father. Debbie seems to be very knowledgeable and genuinely concerned with Veteran affairs, it's always good to know that we have people who care and are willing to help.
     
  14. newpenny

    newpenny Jr. Member

    Vetson
    I went thru my local Va rep, for my basic pension ,at the local VA center . He sent it in to the regional center in Phil.He would have wasted time to go thru The American legion. He never heard of this. Now I live in Maine and the Va reps in Maine, mail in the applications themselves.
    What I was saying if the Va rep in your case had mailed it in herself , you would not have lost money.
    Now when it came to Aid and Attendance that was a different matter, local Va rep said waste of time and I was approved in 3 weeks by following Debbie's instructions.
     
  15. vetadmin

    vetadmin Administrator Staff Member

    After attending the Senate hearings this week in DC, it is even more clear to me that the VA's failings are on in large part a lack of education.

    What is known at a national level by VSOs is more times than not, not the same case on a local level.

    The Senate wants to envoke a 3-year look back like Medicaid as a way to ward off Pension Poachers. Until they address the underlying problem of misinformation and lack of training so that you can get the same service in Anytown USA from your local VA rep, the debate will continue.
     
  16. newpenny

    newpenny Jr. Member

    Are there alot of Pension Poachers?
     
  17. vetadmin

    vetadmin Administrator Staff Member

    Yes.

    There are a lot of financial groups that look for those who have too much in the way of assets to qualify financially and sell financial products, move assets, set up trusts etc for the sake of making a commission. Many times the restructuring of assets is not in the veteran/widows long-term best interest.
     

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