When is the best time to file an A&A claim?

Discussion in 'General Discussion' started by katmrina, Dec 23, 2013.

  1. katmrina

    katmrina Newbie

    We filed for the death pension for Mom in august 2012 and were just notified that the VA denied it. Two reasons were given: Dad's death was not in service for the indemnity claim (which we were not making) and Mom's income exceeded the income limit. She is now in an assisted living facility and would quality for benefits. However, we are in the process of getting her house ready for sale. Should we appeal the decision now and submit the doctor's form for A&A or wait to reapply after her assets are down to $80,000? If it takes a few months to sell the house, would she get A&A for that time, but then when the house is settled, A&A would stop. Gaining the A&A for the months before the house sells seems to make the case to apply now. What would you advise? Thanks.
  2. vetadmin

    vetadmin Administrator Staff Member

    With this pension, you DO NOT "appeal" the ruling. You use VA form 21-4138 Statement in Support of Claim to update her expenses for care and to offer any other information for them to reconsider the application.

    You also need to let them know that the application was NOT for DIC, but for the Aid and Attendance level of Improved Pension.

    You will also need a Statement of Occupancy from the ALF. They have that form. If you did not submit the Dr's evaluation on VA form 21-2680, you need to have that completed as well.

    Regarding the house - Once it sells, the proceeds would have to be disclosed, and depending on that amount, it could put her over the income threshold level, but you need to keep in mind that you only have 1 year from the denial letter to go back to the VA on the original merits of the application.
  3. katmrina

    katmrina Newbie

    Thank you for clarifying the situation. Your site and your help is making it easier.

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