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Author Topic: A&A granted / Incompetency proposed  (Read 2468 times)
Perle
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« on: December 30, 2011, 10:31:00 PM »

First of all, a heartfelt "Thank you!" to Debbie for establishing this wonderful website and to everyone else on the forums for your support and input.  My success story is all due to the information from y'all.

My dad is a 91 year old WWII veteran suffering from "dementia".  He has been a resident in a nursing home for the past 3 years as a private pay patient.  I had never heard of the A&A pension until a relative sent me a newspaper clipping about the VA special A&A pension.  Searching on the internet brought me to this website and after several weeks of reading the forums I got everything together and made a submission to the VA.

On Jul 9, 2011 I made the submission in a 1/2 inch, 3-ring binder with a tab for each supporting document.  Along with a cover letter I included: VA Form 21-526; VA Form 21-22a; VA Form 21-0845, and VA Form 21-4142.  Also included were copies of my father's income statements, a Nursing Home Status Statement, bank account statements and out-of-pocket medical expenses.  The binder was sent to the Milwaukee Pension Management Center via Priority mail, registered/return receipt.

The VA responded in a letter dated Aug 30, 2011 requesting the following additional information: 
An original or certified copy of my father's DD Form 214 or other separation papers.  [We took the original WWII discharge papers to to the local Veterans Service Office and got a certified copy.];
VA Form 21-8416; VA Form 21-0779; VA Form 21-2680; VA Form 21-4142; VCCA Notice Response and details on interest earned on bank accounts.

I finally got all of the above mailed (certified/return receipt) to the VA on Oct 7, 2011.  In the meantime, the VA sent a second letter dated Oct 3, 2011 denying the claim, but advising that we had until Aug 30, 2012 to submit the previously requested information.

Finally, in a letter dated Nov 29, 2011, the VA advised that the pension had been granted effective July 14, 2011, payable from Aug 1, 2011; and a finding of incompetency is proposed. Regular monthly benefits will begin around the 1st of January to the bank account listed on the application.  This is pending a final rating of incompetency and the appointment of a fiduciary.  If my father is found incompetent, the retroactive payments will be released to the fiduciary.

Tomorrow I am mailing the [purple] Incompentency Notice Response signed by my father, electing to agree with the incompetency rating.  Also including a VA Form 21-4138, signed by my father, requesting he be rated as incompent and that the VA appoint me, his daughter, as his fiduciary; and a VA Form 21-4138 signed by myself, requested to be appointed as fiduciary.

BTW, getting these last forms signed by my father has revealed a detoriation in his condition.  Previously his signature was nice and tidy as it had been as long as I could remember.  Now it's big and sprawling and all over the place....half on the paper and half on the table.    It took several tries before he signed the 21-4138 in the right place. On the purple form I held my breath, since it was the original.  My father started writing his name and then started over after the first two letters.  But he did sign....not on the line, but it is his signature!

Anyway, thanks again!
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vetadmin
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« Reply #1 on: December 31, 2011, 09:46:48 AM »

Perle,

You are so welcome, and this is wonderful news!  It always fills my heart when I learn that my efforts here result in making a difference and honors the sacrifice of service.

Thank you for sharing your experience so that others will have a guideline to reference.

Wishing you a wonderful New Year, and hope this award is a great way to start things off for you and your Dad.
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Peace
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« Reply #2 on: January 26, 2012, 01:40:18 PM »

I also want to thank you for all the help you provide. 
We had a very similar story to that posted by Perle, but for a widowed spouse  We received our Award Letter dated Jan 19 just yesterday after filing June 19, 2011.  Full benfit is awarded and Incompetency is proposed.  However we did not receive a purple form to agree with the incompetency decision.  Does this follow in a separate correspondence?  I'm a little confused as to how we proceed from this point. 
Thanks again for all your help.
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« Reply #3 on: January 26, 2012, 01:46:47 PM »

Congratulations and you are very welcome.

I would call the VA and tell them you want to waive the ruling as inquire about the form.  It should have come in the award letter.
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