WhO Really knows the rules?

Discussion in 'General Discussion' started by luckydog1, Apr 10, 2012.

  1. luckydog1

    luckydog1 Newbie

    My aunt's husband has been diagnosed with Alzheimer's and got help through AmVet and they talked her into filing for both compensation (Camp Lejune Water Issue) and Improved Pension. It took nine months and 2 exams from VA and it was concluded that no compensation would be paid ( she had told them it was very unlikely water caused his Alzheimer's and did not want it filed that way but he said that was better) he was approved for pension A & A and sent more forms to fill out for expenses , etc..She has also been told by AMVET that she can not be her own husband's caregiver, that they must pay someone else.. Is that correct? Is there a manual with the rules? He also told her that in the VA Dr's report that a Fiduciary should be required but nothing was mentioned about that and if she had POA she could not be the Fiduciary too. They have no children and I do not live in the same state. Would love to help but have no clue who or how to ask for the truth..Called the local office and the woman said it could take years.. Honestly, I do not think my Uncle will last years and they are in need of assistance now..Any help would be appreciated..thanks so very much

    BTW..the had to use their IRA's to get through all the medical bills and the lapse of time until SSDI started..Is that Income for the VA? I know it is for the IRS but not sure how they would count that since the money has been spent and there is no more, as it was a one time payment issue.

    She seems to be unable to get any answers from anyone and the number she was given to contact the VA is a recorded message and says she is not registered so she can't use that either. They have been married for almost 30 years and it is heartbreaking enough to see her go through this.
     
  2. Fit2009

    Fit2009 Sr. Member

    Make sure you deduct all the medical expenses against that IRA income. If the IRA was their only remaining assets the VA doesn't count the distribution as income - but I would right down what it was and write "since htis is my only assets I beleive the distribtions do not count as income"
    I have never heard the if you are POA you can't be fiducary - that is hooey, she should apply to be the fiducary asap.
     

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