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minerva18
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Posts posted by minerva18
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If a veteran was paid disability compensation on 12/1 and also passed away the same day, does the VA pull that money back? I know with SS if you died on the 15th of the month and they already paid for that month they will pull a pro-rated share back.
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Thanks for that link. Looks like he is maxed out and would not qualify for any of those SMC's.
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I think I know the answer to this but I'd apreciate if someone could confirm.
My father receives a 100% disability plus SMC aid and attendance for Parkinsons service connected disability. He was recently diagnosed with lung cancer which is a recongnized disability for herbicide exposure in Vietnam.
If we submitted a claim for this, even if they deemed it service connected he would not be able to get a second disability payment for the lung cancer since he is already 100%. Is this correct? He woud be maxed out already I assume.
Thanks
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My credit is excellent. The thing is I already have financial power of attorney and handle everything. All of this seems unnecessary just to get 2 months of back pay on the SMC. They told me he would still receive his monthly payment.
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Hi,
I have a question on the fiduciary process.
My father was granted a 100% service connected disability last fall. The payments go to a checking account with his name, but I am also on it to sign for checks as I handle all of his affairs, he is in assisted living.
In March of this year we applied for SMC Aid and Attendance. According to eBenefits he has been granted SMC L on top of the 100%. When we completed the aid and attendance with his doctor one of the questions was can the veteran handle his own financial affairs. We answered No truthfully and that I handle them. The letter we received in the mail states that the VA received info indicating that his disability prevents him from managing his benefits and that they must decide if he needs help and they are proposing he needs a fiduciary.
I spoke to someone at my regional VA office who told me to complete form 21-4138 Statement in Support of Claim, which the VA had included in the mail. He said to put that we agree with the decision and to appoint me fiduciary. I was also told that this only affects the back pay and he would receive his payment on June 1 as normal.
Does anyone have any experience with this process? From what I read the VA sends someone out to do an interview of the fiduciary and they would want to run a credit check on me and want to know all my finances. Is this really the case? The fiduciary process seems like a pain.
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I will get a 2680 completed by his doctor.
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Hello,
I have 2 questions on filing an NOD. My father is receiving a 100% disability compensation but I feel they should have awarded him at the SMC A&A level. He lives in assisted living and requires assistance with multiple daily tasks.
1) When filing the NOD is it recommended to check the box that you want to receive a call from a from a rep at local office? Any downsides either way?
2) Should I present evidence regarding the assistance he requires at the time I submit the NOD or wait for VA to tell me what they want? Examples:
- Letter from the director of the facility stating he lives there and the assistance he requires
- Doctors statement to the same points as above
Thanks
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Thank you for the reply.
The 100% rating is the original rating which we just received in September. There were multiple issues we filed for related to Parkinson's. They awarded him 100% based on some of them and at the same time also deferred on some of them pending an exam with a psychologist. After the psychologist exam the remaining conditions rated at 50% combined, but they are tied to the Parkinson's so its not a separate condition. They awarded no additional money based on that 50%. This would eliminate point (1) above.
I feel he qualifies for point (2) because he is confined to his premises since he can no longer drive.
He does not have full loss of use of limbs. He certainly has limited use due to the Parkinson's which is in an advanced stage.
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Hello,
I apologize if this is not the correct section for this question. I am not a veteran. My father is a veteran of the Marines, served in Vietnam and was also stationed at Camp Lejeune. He was just recently awarded a 100% disability rating for Parkinson's Disease and the other associated conditions that are tied to it. He was also granted SMC(K1).
He no longer drives, lives in an assisted living facility and in my opinion would be deemed housebound.
My question is shouldn't the VA have automatically considered him for aid and attendance SMC(S) level? If so, should I be looking to file an appeal to his initial claim, which has been closed out, or file a new claim?
In addition, can't A&A also be considered at the SMC(L) level and if so could he be considered for that?
Any advice would be appreciated.
Thank you
Does the VA pull back or pro-rate disability compensation for the month of death like Social Security does?
in VA Disability Claims Research
Posted
Thanks for the reply, do you know how quick they are to suspend benefits after a death is reported? Reported yesterday to them and hoping that was in time for January to not be paid.