Power Of Attorney- What The Crap!?!

[mrs rockman (widow of vet)]

I am so confused. David (Rockman passed away on 09/02/12 and I filed for my DIC on 10/26/12 & the Va Nashville received the claim on 11/02/12. A couple of weeks ago I received a letter stating that they were still processing my claim. I thought well- I should be awarded my long due DIC, but knew that I did have to deal with getting it in "VA's time frame"! So, now I will have more retro and that is a good thing.

Now it comes to today. I called the State VSO for them to check on how it was going and he looked it up. He said that it had something about Power of Attorney and was he was not sure. He was going to fax over to then everything and then call them. He was going to have them simply walk it over to them & give it to them. He asked if I had called the 800#-WOW- I asked him politely if he had ever called the 800 Peggy girl. He confirmed that he had and knew what I meant. I told him that it was like calling the Social Security Office. He said that he would call me back. Do I need some oxygen while I keep holding my breath??

The only Power of Attorney that I can find is when I signed the VA 10-0137- VA Advance Directive Durable Power of Attorney for Health Care and Living Will. Am I totally hung out to dry?? I am so upset that I cannot see straight.

If anyone can help-I would appreciate it so much! God Bless!!

Celia

[Berta]

Mrs Rockman...I am assuming the VA is looking for a 21--22 form:

http://www.vba.va.gov/pubs/forms/VBA-21-22A-ARE.pdf

When we get representation from a vet rep,NSO or VSO, we need to sign the form for them to hold POA as that allows them to check our VA stuff and contact VA in our behalf.

The VSO, if he is the individual or vet org holding your POA ,should have a copy of the form and so should VA.

You dont seem to have signed the 21-22.....

"He was going to fax over to then everything and then call them."

How did he fax your signature. DAV would not accept my signature by fax..... years ago.....

Maybe he never had you sign the 21-22 in the first place.

I will be posting an updated topic here on DIC soon....... please check out the info as to hopefully,what you will need to be aware of... the extraordinary benefits we DICers get.

Thanks in great part to Secretary Shinseki. I am sending him a Valentine's Day card.Best Sec we ever ad and he does all he can do for our natiion's vets until someone comes along and snafus his ideas.

Edited February 5, 2013 by Berta

[mrs rockman (widow of vet)]

Just a side note to my post and the LIGHT BULB may have come on! My representative on claims is the Tennessee Dept. of Veterans Affairs. They are so busy that they are sending veterans to our county VSO. My county VSO is the one who helped with filing out my DIC form, but I mailed it off myself with return receipt and a signature required. He only works three days a week. The State VSO has the authority to check on my account and they are basically, I guess MY POA. They are the ones sending everything to Nashville. I guess I was so upset, I forgot about TN being my POA.

Could it be that maybe when Nashville saw my claim from my county VSO, they did not have the info for the State of Tennessee?

I have never received a VCAA letter stating what they needed, so I thought ( and I know " I thought" ) that they had all of the information that they needed.

Celia

[mrs rockman (widow of vet)]

Berta,

I do remember David signing a form at the TN VSO's office for VVA to be his POA. VVA never did one thing at all, so I changed it to TN. State Veteran Affairs. I do not remember signing anything on this, but will ask them whenever they call me. I changed it after David passed away by phone. The VSO said that he could change it there. Maybe since he was deceased I did not have to go in, I do not know.

I did call Peggy girl and Peggy girl actually CALLED ME BACK! She said that the POA thing was showing that TN Veterans was the POA and could help me with anything.She said that the turn around time was about 4 months. She asked me if I filled out a 534 form. Well-duh- why would Milwaukee send me a letter if they did not have the form? OH yes, she then found it in my file. I am surprised anyone is able to get comp from VA.

This same thing happened a while back for David's initial PTSD claim. They said that they never received the forms, but kept sending him letters along with the VCAA.

I have a good idea-let's go fishing with our eyes blindfolded. We would have a better chance of catching fish than VA working "our" claims with their eyes open!

Sorry, I was so upset and could not think straight. I am better now.

Celia

[john999]

There is the other kind of Durable POA that some spouses have but that is not about the VA and is good only as long as the spouse is alive. I have my wife's POA and she has mine. This is good to have if your spouse is on life support and you need to get into their bank account or some IRA. Then there is the health care POA so you can make medical decisions for someone.

[Philip Rogers]

A POA should have no bearing now, as a POA dies w/the claimant. jmo

pr

[JT24usn]

I am so confused. David (Rockman passed away on 09/02/12 and I filed for my DIC on 10/26/12 & the Va Nashville received the claim on 11/02/12. A couple of weeks ago I received a letter stating that they were still processing my claim. I thought well- I should be awarded my long due DIC, but knew that I did have to deal with getting it in "VA's time frame"! So, now I will have more retro and that is a good thing.

Now it comes to today. I called the State VSO for them to check on how it was going and he looked it up. He said that it had something about Power of Attorney and was he was not sure. He was going to fax over to then everything and then call them. He was going to have them simply walk it over to them & give it to them. He asked if I had called the 800#-WOW- I asked him politely if he had ever called the 800 Peggy girl. He confirmed that he had and knew what I meant. I told him that it was like calling the Social Security Office. He said that he would call me back. Do I need some oxygen while I keep holding my breath??

The only Power of Attorney that I can find is when I signed the VA 10-0137- VA Advance Directive Durable Power of Attorney for Health Care and Living Will. Am I totally hung out to dry?? I am so upset that I cannot see straight.

If anyone can help-I would appreciate it so much! God Bless!!

Celia

Milwaukee handles all DIC claims from Nashville. Varo Nashville would only handle accrued. If your claim was sent to Nashville it would have been forwarded to Milwaukee. Also the pr is correct. The poa ends with veteran and widow will have to fill out a new form herself. Also the new forms have to be signed by both veteran/widow and poa before they are recognized. The already established are grandfathered in. Jmho. Good luck to your claim and a speedy decision.