First, only paid unreimbursed medical expenses can be claimed. Consequently, if the veteran is not already in an assisted living facility, it does not count. Therefore, the veteran needs to move into the assisted living facility. Otherwise, the veteran needs a paid caregiver until they can obtain the VA benefits and then move into the Assisted Living Facility. Therefore, once the award comes in, utilize the VA benefits to move the veteran into the assisted living facility. If you utilize a family caregiver, there must be a money exchange and it cannot exceed what the claimant can actually pay, either…
The veteran can withdraw the informal request (without giving reasons) on a statement in support of claim form (21-4138). The veteran must reference the informal request date, the date sent and state that they will apply again, OR The veteran does not request a withdrawal ahead of time, but instead (in the remarks section of the 21-526 or 21-534) request that any previous requested award date be withdrawn due to ineligibility at that time and that the first day of the next month after receiving this form (526 or 534) be given as the formal entitlement date. To increase…
Being married during service is not relevant. However, widow must be married to veteran for at least one year or have had a child by him if married less than one; living with him throughout the marriage and at the time of death to qualify for either pension or DIC. To increase your monthly income, please contact us about a FREE VA benefits HANDBOOK, 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 Maryland Veterans Benefits website. Please review our Blog…
A veteran must be either 65 or older OR 100% disabled. A widow may be any age and totally independent to file for base pension. To increase your monthly income, please contact us about a FREE VA benefits HANDBOOK, 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 Maryland Veterans Benefits website. Please review our Blog on Elder Issues and Veteran's Benefits. Additionally, if you are not receiving our Newsletter, please subscribe to our free NEWSLETTER to stay on top of…
If you file an appeal on behalf of a veteran regarding service connected injury, asserting that VA failed to fulfill its duty to assist the veteran when it failed to obtain complete disability records from a government agency i.e. Social Security Administration (SSA). The outcome is favorable, as long as a reasonable possibility exists that SSA and other medical records are relevant to the veteran’s claim, the VA is required to assist the veteran in obtaining the identified records. However, Congress has placed reasonable limits on the VA’s duty to assist. Consequently, the VA is not required to obtain records…
A Veteran, 50 years later, filed a claim for compensation for a service-connected back injury. Unfortunately, no medical records were available. Consequently, the VA denied service connection, and refused to order a current medical examination. Upon, the veteran’s appeal, the Federal Court held medically competent evidence is not required in every case to establish service-connection sufficient to make the minimal showing of nexus required to mandate a medical examination. It may be possible to establish a nexus through lay evidence, like that provided through testimony of the veteran in this case. For more in to increase your monthly income, please…
In contrast to the five-step determination process for Social Security claims that requires a determination that a claimant is not earning more than substantial gainful activity ($1,000 per month for non-blind individuals in 2010 and 2011), has a severe impairment that significantly limits the ability to do work, and either meets or equals a “listed” impairment or has a “residual functional impairment” that prevents the individual from performing prior work or any other work in the national economy, eligibility for VDC benefits uses a two-step process. First, a claimant must prove that he or she is a military veteran and…
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