My father is 86 years old. He forged his parents signature and joined the Army Air Corp. He serrved in the Pacific during WW2. He lives alone in Baltimore City. He has an ostomy which he is unable to manage becauseof the arthuits in his hands...
One thing to keep in mind is that there are limitations on whether an attorney is permitted to charge a fee for representing a veteran in a claim for benefits. Generally the law only allows an attorney (or anyone else) to accept a fee if the claim has already been denied and a "Notice of Disagreement" has been filed. There are somewhat more restrictive rules for claims that were denied more than about five years ago. If your father has not had a denial and has not filed a Notice of Disagreement, you should make sure that no one accepts any money from him.See question
and my mother is no longer able to care for him due to a recent illness. I recently became unemployed and would love to be able to care for both my parents but I do need an income to avoid foreclosure.
There are two different kinds of "aid and attendence" benefits. One type, called a pension, is available only to veterans who served during a period of war, and whose family income is below a certain amount (for a married veteran in need of aid and attendance, income (less out of pocket medical expenses) must be below $24,239 annually. If income is below that level, the total pension benefit is reduced dollar-for-dollar by the amount of income.
The other type of aid and attendance is for a veteran who is in need of aid and attendance because of a "service connected" disability. This benefit is called "compensation." Compensation is not based on income, and a married veteran in need of aid and attendance receives $3,601 per month, tax freeSee question
what can be done?
A few thoughts:
1. Make sure that VA actually received your claim. If you sent it on your own, have you been receiving any corresondence that indicates VA received it? If you were working with a service officer, get in touch and find out from them if they know what's going on;
2. Call the VA toll-free number 1-800-827-1000 and ask for the status;
3. Find out if VA is waiting for something from you before they take the next step. Faiulre to act can contribute substantially to a delay. For instance, sometimes VA will ask you for medical records or a release of information to get the records. They may stop work on a case while they wait for you to get back to them.
Ask VA if they are doing any development on the case and see if you can help them get what they need.See question
I would like to know if this is legal or illegal... If a Non-Accredited Representative work with pension benefit clients (VA Aid & Attendance Benefits) and give suggestions to clients as to the eligibility requirements based on the VA Accredite...
At a minimum, you cannot receive a fee if you are not accredited.See question
I need to find out if he actually had a claim or not. He died of AO I think he is intitled to a sum of money if I am not mistakin.
If you're talking about a claim for VA benefits, you can start by telephoning the VA at 1-800-827-1000. It will be helpful if you know your fathers VA claim number (if his first VA claim was filed in the last 15 years or so, the claim number will be his Social Security number). You can also try to get a free representative from the Disabled American Veterans, American Legion or other service organiztion. If you call the toll-free number, they should be able to put you in touch with a representative who can assist you.
Depending on your status, you (or his spouse) may be eligible to file a claim for "substitution" or "accrued benefits" if he had a claim pending at the time of his death, and take that claim over.See question
Tried to claim for high blood pressure iwith initial claim, but was denied.
Another thing you may wish to address is whether or not you have "ischemic heart disease" and if your hypertension is related to that condition.
Recent changes in VA regulations have added ischemic heart disease (including actue, subacute, and old myocardial infarctions; artherosclerotic cardiovascular disease (including coronary spasm) and coronary bypass surgery; and stable, unstable and Prinzmetal's angina) to the list of conditions that are presumptively service connected if a veteran was exposed to Agent Orange.
You may wish to ask your doctor about whether you have any of these conditions and if so, to ask your representative to assist you with filing a claim or appeal seeking benefits under the presemptive service connection rules.
Good luck with your case!See question
I was granted non service connected as a vet of desert storm. I have unexplained siezures and through tons of medical tests can find no answer. The VA has granted me no service connected but I would like to know if there is a possibility of me get...
The laws and regulations that VA must follow are different for service connection than they are for pension. For most situations, you can be granted service-connected compensation for the same conditions that have resulted in you receiving pension, however, there must be evidence (usually from a doctor) showing that the currently diagnosed conditions began during active-duty service, began before service but were aggravated in service, or began after service, but were caused by an in-service injury. There are some special rules that make it easier for Gulf War veterans to receive service-connected compensation. These rules only apply to symptoms that can be objectively observed, and can't otherwise be diagnosed.See question
once you have lost in appeals at the bva
You cannot "sue" the VA, however, there is a period of time (120 days from the date the decision was mailed to you) during which you can appeal the denial of the Board of Veterans' Appeals to the US Court of Appeals for Veterans Claims. The veterans court can review the denial by the Board of Veterans' Appeals, and if the Department of Veterans Affairs failed to follow the law, and this failure harmed you, the veterans court can send your case back to VA to be re-done.See question
I do know his wife draws some type of funds off of him after his death.
Generally, death benefits from the Department of Veterans Affairs are available to only a veteran's widow, and not his children. There is an exception available for children of a veteran who became permanently unable to work before the age of 18 and who are unmarried. If you don't fit into this category, however, you are not going to qualify for any VA benefits.See question
He was diagnosed in 1984, and Parkinsons was just recently added to the presumed illness list, hence the 10 years of backpay. How do we go about filing for the other 18 or so years from the time of his diagnosis until his last VA denial in 2002 or...
The short answer is you get what you get in this situation.
When a veteran is denied service connetion and then files to reopen a claim, the law, as well as VA regulation, says that the effective date is the date of the reopened claim, and not the original claim date or the date of the diagnosis. So, if your father's original claim was denied, and he asked for his claim to be reopened, the benefits cannot be granted prior to the date of the last denial.
There is a rare exception to this rule--which arises when a veteran's original denial is based upon a mis-application of the law, and where ALL of the evidence in the file at that time showed that VA had no choice but to grant the claim. Under this scenario, a veteran can challenge the original denial as being "clearly and unmistakably erroenous."See question