My application was denied. Should I appeal?: Aid and Attendance Benefit FAQ
Posted in Uncategorized on December 8, 2015
Tags: aid and attendance, FAQ, VA programs, veterans, veterans benefits
This is a question that comes up often in the VeteranAid forums. If you are filing an application for the Aid and Attendance benefit for yourself or your loved one and the award of the benefits is denied, it is an unfortunate situation to be presented with. Here is our best advice to navigate you through the steps you should take next.
How will I know I have been denied?
You will receive an explanation of the denial.
If the decision states on the letter something along these lines: “claim has been denied because can find no records of service-connected injuries", then the application was most likely processed for DIC compensation rather than the Aid and Attendance benefit.
What you need to do at this point is use the Statement in Support of Claim form 21-4138 to send to the VA informing them in a firm tone that you appreciate receiving processing of the application, but "please note I am not filing for monthly compensation, I am applying for pension benefit with Aid and Attendance, NOT service-connected compensation."
You are then owed back all the money from the date the original application was incorrectly awarded, not the new application for the corrected pension benefit.
What do I do in an alternative to appealing?
You don’t ever want to appeal. Instead, file Statement in Support of Claim form 21-4138 that allows you to provide additional information to your original application that could result in award.
In addition, please check out our FAQ on VeteranAid.org to help with questions.
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5 Responses to “My application was denied. Should I appeal?: Aid and Attendance Benefit FAQ”
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once the aid & attendance benefit is approved does it take effect, as far as receiving funds, from the date of the original application or from the approval date?
Once the Aid and Attendance benefit is approved, the funds would be retroactive from the date of the original application.
[…] My application was denied. Should I appeal? […]
How do I receive application for Aid and Attendance? Veteran of Korean War, four yrs. in USAF, now 84 yrs. old, need assistance in caregiving needs or entering home care facility.
Please read through our website, http://www.VeteranAid.org. There you will find all the information you need to apply for the Aid and Attendance benefit, including the forms you need for the application.