Thrown out of FDC--why?

Discussion in 'General Discussion' started by Jandy, Nov 25, 2015.

  1. Jandy

    Jandy Jr. Member

    I just checked my mailbox this morning and found a letter from the VA. The letter states that my application (for my veteran dad) has been thrown out of FDC and into standard processing because they need more info. HOWEVER, the info they ask for is something I already gave them in my initial application!

    [The issue has to do with a tiny (less than $100/mo) lease my father entered into IN PRIOR YEARS. Dad owns an interest in 19 acres of rural land that he allowed a gentleman to run some cattle on for grazing; in return, this man gave Dad $97/mo. Of course, I already disclosed to the VA the existence of the land--Dad's ownership interest, current valuation from the county appraisal office, etc. AND in the interest of full disclosure and because the VA would be able to see this rental income on Dad's last tax return, I also disclosed the small lease, stating that it happened last year, but is no longer happening, and will never happen again.]

    In the letter, the VA says that my application states Dad receives income from a rental property, but we did not disclose any assets in real property (NOT true--see last paragraph), so I need to submit a 21-4138 with current valuation, etc (again, I already did this!).

    Also, they want a 21-8049 (Request for Details of Expenses) because they say they must make a "special decision" about whether is entitled to benefits. I don't know if this is related to the lease confusion or not. Dad seems CLEARLY eligible for the full benefit: his ALF cost alone is about $800 more than his total income; his assets consist of a checking account with about $10k and an interest in the above-mentioned property (worth about $26K, HOWEVER, as I told the VA in my application, Dad can't even sell this small interest because the co-owners don't want to sell or buy him out).

    HELP! I know this is too long, but I'm just so upset. I had a good cry, and then I logged on here. I worked so hard on the initial application because Dad desperately NEEDS the benefit ASAP. He will be out of money in less than 6 months and won't be able to pay for his ALF. Now that we're out of FDC, this could drag on for months and months.

    Any insight? Thanks so much.
     
  2. Kaylin

    Kaylin Hero Member Staff Member

    Jandy,

    It sounds like the VA is having some confusion regarding your father's benefit application and it's causing a huge mess. I understand your frustration. My best recommendations would be to call the VA and speak to them directly regarding your father's application. It seems like you've already explained to them what they should need in order to make a ruling and award your father the benefit, so it may be best to call them rather than sending in another application form at this time.

    I hope you can get this situation worked out. Please update us on the status of your father's application if you find anything out.

    Thank your father for his service to our country!
     
  3. vetadmin

    vetadmin Administrator Staff Member

    Jandy,

    The VA is known for saying they did not receive something, when in fact they did.

    When this happens, the only thing you can do is to provide the documents they have asked for, otherwise progress on the application will stop. You are going to have to respond with what they have asked for. I would stress on the 21-4138 as a **Note, that his funds are being depleted quickly and he will be unable to afford his care in less than 6 months. If they could please process the new information in order to reach a decision, it would be greatly appreciated.

    Couple of things here. If it goes 5 months from now for a decision, you need to contact his state Senator, and have them make an inquiry on the status of his application. If they deny him due to the land/lease agreement, send me a personal message here on the forums. I have a resource that could possibly help.
     
  4. Jandy

    Jandy Jr. Member

    I thought I would provide an update on the outside chance it could help someone else.

    As Kaylin suggested, I called the VA and spoke with a very nice gentleman. I explained the issue and he agreed that I probably should not have been thrown off the FDC track--that I did already provide what they were asking for. He said he would communicate with St Paul (where I sent the application) and urge them to put it back on FDC....And as vetadmin suggested, I sent in the requested docs with a notation about Dad's diminishing funds, along with a paragraph about my phone call.

    Fast-forward: I just got our approval letter on Friday (1/15/16). I'm actually not sure if they reinstated us on the FDC track OR just addressed the issue and turned the application around quickly.

    To recap:
    --July 2015: Dad when into an ALF
    --July 2015: I filed our "Intent to File"(with an effective date the next month since I understand that's how it works)
    --October 27, 2015: overnighted the full application to St Paul
    --November 25, 2015: letter from VA requesting more info (discussed in this thread); I called the VA, then immediately sent docs to
    St Paul.
    --January 15, 2016: received approval letter for max benefit (about 11 weeks after filing full application)

    I know this is an overwhelming process. But you CAN do it, especially with the information found on this board and the website. My advice?--Start pulling together documents asap. Read the application instructions carefully; if you don't understand something, search these boards. Try to anticipate what the VA will need to prove up your particular situation and give them a full picture; however, stay on topic--don't get off on tangents on stuff that's not relevant. Stay focused and be concise. Keep copies of everything and take careful notes of any phone calls you make to the VA. Mail everything Return Receipt Requested.

    Thank you to everyone who provided assistance and insight to me during a vulnerable, scary time. I hope I can pay it forward!

    --Jandy
     
  5. Kaylin

    Kaylin Hero Member Staff Member

    Jandy,

    It's so good to hear of your success story with getting your dad's Aid and Attendance application straightened out! It's nice to hear that the gentleman at the VA was respectful and helpful to you.

    We appreciate your advice you provided to our other users as well. I am thrilled to hear of your success! Congratulations.
     

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