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Elder Law Office of David Wingate, LLC

Archive for the ‘VA Benefits’ Category

Unless an individual or organization is accredited with the VA, they cannot complete, assist, or consult on any VA application.

Some of these organizations arrange for very inexpensive Veterans Trusts and perhaps even pay third parties to complete the VA application, which is prohibited by law, just to be able to sell an annuity (which may or may not be the right product for the client).

Should a Veteran use an annuity for planning?

Most people, including veterans and seniors, do not have a sufficient understanding of annuities, to make a decision about the appropriateness of an annuity product.

Can a Vet transfer funds directly to his daughter?

The VA is now requesting documentation of all assets transfered prior to the date of a veteran’s application to show that all of these rights have been relinquished.

What do you do when a Veteran’s records were destroyed in the St. Louis fire?

It appears that all veteran’s records were destroyed in the fire, as when you ask, the file” was destroyed in the fire.” However, this isn’t the case.

A VA adjudicator called the facility and asked if the facility provided “medical care” to the vet, and the facility said “No”.

if you are a veteran or a family member acting as agent, filing for aid and attendance, inform the facility that ABSOLUTELY NOBODY from the facility has permission to speak to the VA. If a VA rep calls, he/she should be referred back to the agent of record.

the VA adjudicator called the facility and asked if the facility provided “medical care” to the vet, and the facility said “No”.

Consequently, if you state your claim correctly, have all your necessary documentation, and don’t allow any parties to talk to the VA adjudicator, you may not have been denied.

If my mother sells her house before moving into Assisted Living, does she have to count that money as income?

If you mother has plans to sell her house, then it is always best to take care of these issues before applying for A&A.

The VA did not consider prescription co-pays as there is no ability to predict their on-going requirement.

We suggest review the pharmacy print-out and line out everything that is not recurrent

What is the VA procedure of a DRO and a BVA?

Briefly, a DRO is at the local VARO office and can be requested by a claimant at any time.  This senior adjudicator and can overturn the original's adjudicator's decision and approve the claim.  If he denies the claim, he must send a statement of the case which gives the claimant the reasons for the denial. From the time that a DRO denies the claim, the claimant has only 60 days to file his formal appeal with the BVA, using form VA9. The Board of Veterans Appeals (BVA) is part of the VA and is in Washington.  Its judges review claims that were…

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There are a number of financial organizations that abuse seniors and those who refer to them, if they knew or should have known that the senior (or disabled) was likely to be financially abused.

There are a number of financial organizations that abuse seniors and those who refer to them, if they knew or should have known that the senior (or disabled) was likely to be financially abused. For statutes related to annuity and financial abuse see (www.riesslaw.com).  On this website, you will find the statutes and California case law. Combine that with information you can find on the California Advocates for Nursing Home Reform website and that of the State Bar AND the Attorney General’s website. 

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