Dementia Diagnosed, Should 21-438 be sent with initial application?

Discussion in 'Share Your Personal Experience' started by marsor, May 2, 2012.

  1. marsor

    marsor Newbie

    Dear Debbie,
    Thank you so much for establishing this site!

    My father was in WWII (died in 1993). We put Mom in assisted living on 2/1/12. She is 93. The physician's statement says that Mom has Dementia. We have sent in the Statement in Support of Claim to "start the clock", but have not sent in the 21-534 yet. Should we send in the 21-438 with the initial application to save time? Thank you so much for your reply!
  2. vetadmin

    vetadmin Administrator Staff Member

    You're very welcome, and I hope we can help get you through this.

    If you are just sending the informal claim to start the clock. All you do is the 21-4138 and the 21-0845 Approved 3rd party.

    Mail it return receipt and check the mailing address for the pension center that handles her state here on the forums.
  3. marsor

    marsor Newbie

    Debbie, thank you so much for your reply!

    I see now that my initial question above didn't make much sense. Let me try again! We have sent in the 21-438, Statement in Support of Claim, with the verbiage suggested on this site, that we intend to file the complete 21-534. We've gotten the return receipt back saying it was received.

    When we send in the initial 21-534, should I include another 21-438, with the wording suggested on this site that we agree with the need for a fiduciary and waive the 60 day appeal period? I will include the 21-0845, Auth. for 3rd Party.

    Also, do I wait to receive a claim number from the VA before sending in the initial 21-534? If they've issued us a claim number based on their receiving the 21-438 to "start the clock", and I send in the 21-534 without it, is that going to create confusion?

    Thank you so much, Debbie!
  4. vetadmin

    vetadmin Administrator Staff Member

    You don't do anything regarding the Fiduciary UNTIL the VA makes the ruling of incompetency. You let them go through the process, and once they make that ruling, you can send in that you are waving the 60 day wait period.

    It's kind of like putting the cart before the horse. Don't do it.

    If they assigned a claim number to the correspondence acknowledging the informal claim, use that, but usually they don't assign one until an actual claim has been filed. In that case, you do not put a claim number and they will work off of the SS#.
  5. marsor

    marsor Newbie

    Thank you, Debbie! I've made a contribution to VeteranAid. I'll probably have more questions as we go along!
  6. vetadmin

    vetadmin Administrator Staff Member

    You're welcome, and "Thank You" for the donation. It is greatly appreciated!

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