VA throwing up road blocks for A&A benefits? - Part 1 -

Discussion in 'General Discussion' started by veteranadvocate, May 11, 2007.

  1. veteranadvocate

    veteranadvocate Full Member

    Several individuals have received a letter from the VA in response to their application for Aid & Attendance with the following comments incuded.

    Due to the amount of net worth that you reported, we need information concerning your monthly expenses. Please complete and return the enclosed VA Form 21-8049. Request for Details of Expenses. When you complete Section III, be sure to show all monthly expenses for the period.

    In addition, we need to know the market value* of all property you own except:

    # The house you live in and a reasonable area of land it sits on.
    # Your vehicle
    # Your clothing
    # Your furniture

    *Market value is the price you would get if you sold the item on the same day you submit this information to us.

    Attached is a copy of the form in question. Please look it over and determine how many of these questions actually would pertain to a veteran or widow in a nursing home or assisted care facility. What type of personal property is the VA referring to? Why doesn't the VA explain and how is to to be reported?

    VA's Manual M21 defines 'Personal Property' as:

    (6) Personal Property. The term "net worth" for VA purposes includes all personal property owned by the claimant except personal effects suitable to the claimant's reasonable mode of life. This means that normal household objects and possessions are not included in a net worth determination. Likewise, motor vehicles used for family transportation are not included in determining net worth. However, personal property which is owned primarily as an investment, e.g., an antique automobile or a coin collection, is included in determining net worth.

    NOTE: The term "personal property" includes all tangible property that is not land (real property) or fixtures on land.

    Did the VA start asking this information because too many claims for A&A are being received? Is this to intimidate the veteran/widow in hope they will give-up? You decide.
  2. custer7thcav

    custer7thcav Newbie

    Yes, I definitely feel that Form 21-8049 has been devised by some "wizard" within the VA to discourage an individual from filing for "aid and attendance." And it means that once the individual files the original paperwork, then the VA sends this form back to them to complete and resend it to the VA, causing the claim to be placed at the bottom of the pile! That is disgusting!!
  3. claysee

    claysee Newbie

    It's absolutely deplorable! How can the VA justify that type of question in the person lives in an ALF or Nursing Home?? In my situation, I went to the VA and had everything stamped. I went down there a number of times and followed all the rules that I knew of. I brought medical evidence from my mother's general md; neurologist;
    pulmonary dr. and cardiologist. When I spoke with a rep. from FDVA
    (Florida Dept. of Veteran's Affairs) he said they had lost my mother's file. I said, "Don't worry, I have a copy of everything I brougt into the VA and had it stamped by the VA. Within 5 hours the VA found my mother's file. Just as we thought we were coming to the end of the road, the VA sent us their medical evaluation form. Why wasn't this form ever mentioned until 12 months into the process. I had my mother's physician and neurologist fill it out and went back to the VA.
    There has to be some accountability! The delays are cruel. Why should any of us have to fight for what are loved ones are entitled to?
    Why should it be like this? I'm disgusted and probably will go bankrupt by the time this ordeal is done. There's got to be something that can be done.

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