Program of Comprehensive Assistance for Family Caregivers (PCAFC)

[relipovsky]

Hey all. I'm the only son of a 100% disabled Vietnam vet.  My wife was his primary caregiver and dad met all of the lawful requirements, but of course, was denied over and over.  We've appealed all the way to Washington who remanded the order, basically telling them that their denial is BS and that they must determining eligibility based on the law. This was 2.5 years after his initial application. I buried him in 3/13 but I refuse to let this die.  Trying to figure out what my next move is. 

[broncovet]

Welcome to hadit.  You've came to the right place.

The first thing, is to file a substitution of claimant.  

https://www.vba.va.gov/pubs/forms/VBA-21P-0847-ARE.pdf

This will put YOU, in charge, unless other heirs file it.  That you will need to discuss with family.  If your Mom's already gone, and you dont have brothers and sisters just go for it.  There could be an executor of the estate, but you dont want to create a dispute there with family.  Other family member's likewise have a claim to your late father's estate.  

I have no idea how other family members will view this, but someone needs to be put in charge, to continue this claim.  

Also possible is, say, your Dad's wife is in charge (depending on the will) that she give her constent for you to follow up on the claim, and maybe some agreement on how the proceeds will be split.  

Try to avoid a contested claim:

https://www.va.gov/decision-reviews/contested-claims/

 

Edited March 26, 2023 by broncovet