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If the doctor states that the claimant must live in a “protective environment as provided by ________________ “ and the facility letter states that they are providing this protective environment, the entire IL fee should be accepted as UME. However, if no confirmation of “protective environment” or the facility is not providing same, the claimant may declare some facility costs as UME; e.g. medic alert system, transportation to/from doctors, twenty-four hour on-sight supervision, meal preparation, etc. To increase your monthly income, please contact us about a FREE HANDBOOK about VA Benefits, written by David Wingate, an accredited VA Attorney, of…
Widow was married to vet who died in the Korean War. Widow re-married a WWII veteran. Unfortunately, widow’s second spouse died and she remarried a non veteran. Widow’s third husband recently died. Any benefits available? Since first husband was killed in the Korean War, if widow was married to firt husband veteran for at least one year or had a child by him if married less than one year, she should have received. Probably, lost entitlement for remarrying. However, widow is now single, re-apply for DIC reinstated. Also, apply for CHAMPVA and burial benefits, if did not apply for them. To increase your…
Review special monthly compensation, if requires A & A, an additional benefit beyond 100%, Form 21-526B. Also, dependent benefit money i.e. wife and any dependent children or parent(s) on this form and on a statement in support of claim form. Furthermore, file for extended care services through the VHA. This may provide home care, sitters, etc. The form is 10-10EC. Although, the VA doctor will have to approve. Additionally, file if veteran’s home requires remodeling (adaptation), form 26-4555 or form 26-4555d. Also, if veteran dies of ALS, widow file for DIC. Widow can receive up to $1,686.00 per month, dependent…
Yes, if veteran was rated 100% for at least one year prior to death and died after 09-30-1999. Futhermore, eligible for CHAMPVA health and burial benefits. To increase your monthly income, please contact us about a FREE HANDBOOK about VA Benefits, written by David Wingate, an accredited VA Attorney, of Senior Life Care Planning, LLC, go to info@seniorlcp.com or if you require additional information about VA Benefits, visit our Senior LCP's Website. We also have a Blog on Elder Issues and Veteran's Benefits. If you are not receiving our Newsletter, go ahead and subscribe to our free NEWSLETTER to stay on…
Claimant files with VA, who denies claim (claimant has one year to reply with a NOD) Claimant asks for DRO review within one year, who denies claim and sends a statement of the case (claimant has 60 days to file appeal using form VA9 before the BVA) BVA denies claim, claimant can file appeal before CAVC within 120 days OR Claimant can file a motion to vacate with no time limit OR Claimant can file for BVA reconsideration with no time limit OR Claimant can file for a revision based upon CUE with no time limit but no new evidence…
If the veteran’s condition (injury or disease i.e. Agent Orange) is combat related, depending on circumstances, apply for CRSC from the Department of Defense. This offsets retirement and will match VA compensation and is non-taxable. However, you cannot have both CRDP (if over 50% rated) and CRSC, but CRDP is taxable. Consequently, it may be an advantage to change to CRSC. The form is DD 2860. If spouse is the beneficiary of the veteran’s military retirement, upon veteran’s death, the spouse will receive SBP from the Department of Defense. Additionally, if the veteran is receiving Tricare for Life, the spouse…
Prior to approval of Veteran’s Benefits i.e. during claim approval process, the children of a veteran are paying for a caregiver. Can they be reimbursed by claimant with the retroactive payment when approval occurs? The claimant and children could execute a promissory note. Therefore, the children’s payments are a loan. Consequently, the children are repaid when veteran’s benefits are approved and received. (Potentially, important for Medicaid, to avoid transfer penalty) However, only what the claimant pays is considered UME, so the answer is it depends. Besides, some companies provide non-secured loans to pay for the care; then they are repaid, with…
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