got awarded, but not granting back to date the intent to file was received

Discussion in 'Waiting on Updates' started by linda842, Mar 17, 2018.

  1. linda842

    linda842 Newbie

    Has anyone gotten an award that was granted but does not go back to the original date an intent to file was received? I submitted paperwork for my father in law, had to send in some additional items, and got a letter of award today pending a fiduciary appointment. However the date goes back to October 2017 when our letter of intent to file was received in October 2016. The letter states that we may be eligible for pension (aid and attendance) back to Oct 2016 but we need to send all the information in that we sent the first time. Not sure why we need to do it again. I sent information on expenses and assets from both 2016 and 2017 as I anticipated the process would take a while. They are asking for forms 21P-05161 (eligibility verification) and form 21(-8416s (medical expense reports). In addition, they are asking for another physician letter/form 21-2680. In their correspondence, they acknowledge an MD letter from Oct 2016 and income and medical expenses from 2016 also. I am so confused. This process has taken over a year already.

    My cynical side is thinking they do not want to honor the intent to file form that was sent in on October 2016 and they think that making me do the work again will cause me to just take what they are awarding starting now. What is the point of intent to file if they do not honor it?

    Any words of advice? has anyone else run into this?
     
  2. SickofVA

    SickofVA Newbie

    Your thinking is correct, not cynical. It took me over a year just to get my father's A&A, and I stopped when I finally got it. It only happened when I got my Senator's office involved. Hearing your experience I am glad I didn't waste any more time on this. I had a full time job and plenty of other responsibilities taking care of my father. They just try to wear you out and hope you will go away.
     
  3. VA Legal Team

    VA Legal Team Full Member

    After you submitted the intent to file form, did you receive a letter acknowledging receipt and which included a VA file number?
     
  4. linda842

    linda842 Newbie

    yes, we got a letter with a VA file number assigned.. I wrote the VA file number on the top of all the pages I submitted wit the completed form. In addition, I have the returned receipt from the post office stamped with the date that the VA office got the intent to file and another one for the receipt of the application packet. I tried calling them to clarify what the problem is and of course they will not talk with me as I am not named as the third party information person. I also explained that he is unable to sign anything anymore and mostly does not even recognize people. I asked if the fiduciary meeting could be accelerated as my father in law has Alzheimer's and we are not contesting their finding of incapacitation. I have not heard anything on that. I am beyond frustrated and my father in law has taken a turn for the worse and I think he may not last until this is cleared up.

    Does anyone have any words of advice?
     
  5. VA Legal Team

    VA Legal Team Full Member

    If you have the letter with file number that says the VA received the intent to file, this should be a straightforward fix. I would use 21-4138 and write the VA. You need to get them to change the effective date of the claim. Include the letter with your response.
     
  6. linda842

    linda842 Newbie

    I have done that. No change. I will try again. However, hospice called and my FIL is not expected to last more than a few more weeks. Is there a way to get "back pay" for medical expenses that occurred before his death (as in retro aid and attendance)?
     
  7. Willi

    Willi Newbie

    Exactly the same scenario with my dad! Now, they are trying to declare him incompetent. It's scary and frustrating when the VA owes thousands of dollars in back pay.
     

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