which advice "wins"?

Discussion in 'General Discussion' started by ltd123, Oct 4, 2010.

  1. ltd123

    ltd123 Newbie

    UNder FAQ -legal and medical ID# 1008 it seems to say the VA will not recognize your POA and it will complicate matters to try to use it.
    On the homepage, the article titled "VA changes POA form 21-22A" it says." It is our opinion in reading ยง14.630 that anyone can now represent a Veteran as POA for any claim that Veteran may have, including Aid and Attendance. This is HUGE! Previously, a Veteran who had a claim had to stand before the VA alone and could only get representation during an appeal--not during the initial claim. Now, Veterans have the choice to have someone fight for them. More importantly, it can be someone close--someone who is aware of all the circumstances and can contact the VA on behalf of the Veteran/Widow."

    My question is... when I file the informal claim ... should I say I have POA for my father? He is mentally sound but has never taken care of his own affairs and is legally blind and can not sign his name very legibly because of tremors but can sign his name. From this info can you tell what I should do/say about the POA I have?

    Thanks for your advice!
  2. vetadmin

    vetadmin Administrator Staff Member

    The VA does not make any of this easy. Here is the issue. 21-22a is Claimant's Rep. The VA has introduced 21-0845 which appoints a 3rd party the ability to speak with the VA on behalf of the applicant, but does not appoint them as the Claimant's Rep.

    Now that you are truly confused. Send in the 21-0845 with the informal claim. Forget about the 21-22a. POA forget. If the VA approves the application and rules incompetency, then you will apply and ask to be appointed as Fiduciary.

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