Wording for reply to Rating Decision of Incompetency and entitlement of A&A

Discussion in 'General Discussion' started by artmermaid, Jul 29, 2011.

  1. artmermaid

    artmermaid Newbie

    Our initial appt with the VA rep was 4/5/2011. The next week, I gathered all the doctor's reports myself and delivered them back to the VA rep who sent them on to an American Legion rep in St. Paul, the St. Paul Pension Management Center received it on 4/15/2011. I got a Rating Decision on 7/22/2011.
    This is the reply I've come up with...too much, too little?

    We have reviewed the Rating Decision, page 1, dated July 13, 2001 and have determined:
    1. The veteran accepts Entitlement to special monthly pension based on the need for aid and attendance established effective April 12, 2001.
    2.The veteran accepts the rating of incompetent for VA purposes.

    Regarding the front side of VA Form 21-4138, date signed 7/22/2011:
    3. The veteran names XXXXXXXXXX, his legal fiduciary since 2008, also his fiduciary for VA purposes.
    4. We propose benefits be paid directly to beneficiary pending certification of fiduciary for VA purposes, as the management of the veterans affairs will be handled by same person, in either case.
    5. We have determined, as noted on the previous page, that delaying payment would create an unecessary financial and mental hardship on the veteran.

    Pursuant to VA Manual M21-1, Section 17.15: Procedure Upon Receipt of Evidence of Incompetency, your manual states "Do not routinely suspend direct payments to a beneficiary pending development of an issue of incompetency or certification of a fiduciary."
    It also states,“The determination should consider if delaying the payment of the benefits would cause undue hardship for the beneficiary.”

    Thanks for your input!
    P. S. My dad has two new monthly prescriptions adding another $221 to those reported with the initial claim. How and when do I handle this?
  2. Max

    Max Hero Member

    The best thing to write in response to the proposed incompetency letter:

    "I waive my write to due process and agree with your proposal to rate me incompetent for VA purposes."
    Signed: (widow or vet)

    Payments will be withheld. MR21-1 is an outdated manual reference and won't be followed. The purpose of that reference was more for compensation claims where a veteran was already receiving benefits and then was rated incompetent later on (they would stop benefit payments until the fiduciary was assigned). The purpose of the reference was to say that you shouldn't stop paying. If you really want the reference, you would have to review the fast letters issued in the Fall of 2009.

    Prescriptions won't be considered as monthly expenses. You have to report them after they have been paid. What is his rate? Also, what is the effective date of the release of funds?
  3. artmermaid

    artmermaid Newbie

    Thank you for your reply!
    Sorry, I am new to "VA lingo". :-[ I'm not sure what you mean by "What is his rate? Also, what is the effective date of the release of funds?" Where might I find this on his paperwork from the VA? ...Could it be we have not reached that determination yet? He has not received pension benefits prior to this notification of Rating Decision, which states, 1. Entitlement to special monthly pension based on the need for aid and attedance is established effectice April 15, 2011. 2. A finding of incompetency.
    My father is a WWII vet without dependants.
    Thank you for your time!

Share This Page