A&A success...we think.

[gsd1038]

    So finally, we have reached a conclusion to the 19 month saga!  After speaking two more times to the VA between late November and early January 2011 and receiving no status other than 'in development phase', I once again found myself contacting my state senator.  In my plea, I included an entire timeline of the sequence of events from July 2009 to present. Just 3 short weeks later, Senator Johnny Isakson of Georgia, came to the rescue, and our father now has FINALLY received the accrued benefits due him.   Without Senator Isakson and Senator Kirsten Gillibrand of New York, we would never have made it through to a successful conclusion.  Please do not hesitate to contact your Senators!!!  They will help you!!!    And Vetadmin, thank you once again for what you do every day for our Vets and their families.

[vetadmin]

So sorry you got the horror story nobody wants, but so thankful your Senator stepped up to help get this through. 

No excuse for this delay, but glad you prevailed with assistance.

[swainlaw]

The system does not always - should I say never - act logically. Regardless of the claimant's competency they are still required to sign the forms.

The VA will not recognize a valid power of attorney unless it is on their forms (21-22a).  They also do not care that the Court has named someone their guardian.  They will make their own determination as to who should be named their fiduciary.

When the VA sends a letter stating that they have declared the claimant to be incompetent it is important to reply immediately to waive the right to the hearing (could save as much as 60 days in the process).  They will accept a waiver signed by the person they have declared as incompetent.  If you don't send the waiver (we send then with the application when we are sure the claimant will be declared incompetent) nothing will happen until the 60 day right to request a hearing passes.  Once the waiver is received or the 60 days has passed the claim will be sent to the fiduciary department to start their process.