FAQs
In order to help as many people as possible, the American Veterans Institute asks you to please e-mail your questions, AFTER carefully reviewing this site.
We cannot accept phone calls or mail inquiries because we are a very small non-profit operation and we must direct our efforts to maintaining our website and responding to the hundreds of e-mail inquiries we receive. We try to answer each e-mail personally, even those that do not deal specifically with the Improved Pension. Please do not send us your pension application. We are not the VA and cannot process the forms. You can also contact your local Veterans Services Officer for help filling out the forms or with questions not related to the Improved Pension. To find a VSO near you, please click on the following link: http://www.nacvso.org/cvso.asp.
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Q. How can I find my own discharge papers or those of my loved one?
A. Veterans or the next of kin of deceased veterans may obtain duplicate copies by contacting: www.vetrecs.archives.gov.
The VA indicates: Alternatively, you can write the National Personnel Records Center, Military Personnel Records, 9700 Page Blvd., St. Louis, MO 63132-5100. Specify that a duplicate separation document is needed. The veteran’s full name should be printed or typed so that it can be read clearly, but the request must also contain the signature of the veteran or the signature of the next of kin, if the veteran is deceased. Include the veteran’s branch of service, service number or Social Security number and exact or approximate dates and years of service. Use Standard Form 180, “Request Pertaining To Military Records.”
If you are in the process of completing an AID & ATTENDANCE CLAIM, please note that the VA also says: “It is not necessary to request a duplicate copy of a veteran’s discharge or separation papers solely for the purpose of filing a claim for VA benefits. If complete information about the veteran’s service is furnished on the application, VA will obtain verification of service.”
Q. My parents are divorced. Is my Mom eligible for any pension benefits based on my father’s service?
A. Only on very rare occasions can a divorced woman receive benefits based on her Ex’s service. In these cases there must be evidence of extreme cruelty or some other extenuating situation. If you feel you have extenuating circumstances, please contact a local VSO and explain the situation.
Q. My father, a veteran, died and my mother remarried. Her second husband died and she is now in need of financial help because of deteriorating health. Can she apply for Aid & Attendance based on my father’s service?
A. Unless she was receiving death benefits after your father died, she is no longer eligible to file a claim based on his service.
Q. My parents are both veterans; can they each file for the Improved Pension?
A. Unfortunately, only one of them can apply. There is no financial advantage to both applying – and they cannot both receive the pension separately. Your best bet is to have the one that is the most physically restricted make application. As a married veteran, he/she is eligible for up to $22,113 per year from the Improved Pension.
Q. Can I speak to the VA on behalf of my father (or mother) who is applying for the Improved Pension?
A. Before the VA will speak with you regarding your parent’s case, you must complete a Form 21-22a (click here), which allows you to act on their behalf with the VA. You can download the form here, and submit it to your regional VA office. If you do not fill out this form, the VA will not deal with you on behalf of your parent.
Q. My father is in an Alzheimer’s unit and I am his Power of Attorney, can I receive the pension payments on his behalf?
A. The VA will require that a fiduciary be appointed in this situation. While you may be the fiduciary that is ultimately approved, the VA does not recognize Powers of Attorney not approved by the VA. Therefore, you will have to be interviewed in order for the VA to approve you. Once you have received notice from the VA that a fiduciary must be appointed you should respond as follows, and include form 21-592 (to download click here) and a letter stating the following:
Please be advised that my (parent) and I have no issue with the VA finding of incompetence and wish to proceed with the appointment of a fiduciary. We wish to appoint myself (her/his insert your relationship to the veteran) as fiduciary and, to that end, have enclosed VA Form 21-592. I understand that I must be interviewed prior to that appointment and would appreciate such an interview be scheduled as soon as possible. I have also included form 21-22a so that, in the interim, I might speak to you on behalf of my (parent), as needed.
If you have already submitted a form 21-22a (see the question above this one) then it is not necessary to submit another one.
It is also likely that your parent’s benefits will be withheld until such a time as the fiduciary is approved. If this situation poses an extreme financial hardship, you can add the following information as a means of expediting payment.
I respectfully question the withholding of my (parent’s) benefits, pending the appointment of a fiduciary. Referencing a VA policy: Pursuant to VA Manual M21-1, Section 17.15: Procedure Upon Receipt of Evidence of Incompetency, your manual states "Do not routinely suspend direct payments to a beneficiary pending development of an issue of incompetency or certification of a fiduciary." The manual further states: "If entitlement to benefits has been established but no payment has been made or if increased benefits are payable, make a determination as to whether or not benefits should be paid directly pending certification. The determination should consider if delaying the payment of the benefits would cause undue hardship for the beneficiary. If the evidence of record shows that delaying payment would create a hardship, properly annotate the award, referencing the evidence reviewed and the justification for paying benefits directly to the beneficiary." I think if you reference my (parent’s) claim, you will see that withholding his/her payment does constitute a hardship for him/her. I would like to request that he/she receive payments during the fiduciary appointment process.
Q. I am already receiving compensation from the VA, can I request the Improved Pension as well? If so, do I count my compensation money as income?
A. If you are receiving disability compensation from the VA, you cannot receive BOTH compensation and pension. You can file for the Improved Pension based on non service-connected health issues but if you are approved, the VA will pay the benefit with the greatest dollar amount.
If you are receiving compensation for a service-connected injury, that compensation is not counted as income, when filling out your pension claim. You should, however, include a form 4138 (click here to download) that specifies that you are receiving compensation and you want the VA to pick the benefit that will pay the most.
If you are receiving compensation, make sure you are receiving the maximum possible for your condition before seeking the Improved Pension. Your health issue could be a secondary condition related to your service-connected disability. Speak to a Veterans Services Officer (click here to find a VSO in your county) before filing a 21-526.
If you are service-connected, you might also be eligible for what is called Special Monthly Compensation (SMC). SMC is a rate paid in addition to or in place of 0% to 100% combined degree compensation. To qualify, a veteran must be disabled beyond a combined degree percentage or due to special circumstances. A Veterans Services Officer can help you determine what you are eligible for, and can help you fill out the necessary paperwork properly. Click here to download more information about Special Monthly Compensation.
Q. How long does it take to get approved?
A. We have seen approvals in as short a time as 6 weeks – while other people are still waiting 11 months later. Unfortunately, it depends heavily on the workload and efficiency of the regional VA office that supports your area. You should make it a point to request that the paperwork be expedited, if the claimant is over 70 years old. Include a cover letter making this request with the rest of the paperwork.
Q. It takes a long time to prepare all this paperwork. Is there a way I can submit the claim first and prepare the paperwork later?
A. Yes. If you submit a one-page Form 21-4138 (Statement in Support of Claim), you essentially start the clock on your claim. You (the veteran or surviving spouse) should fill out this form and place the following text in the middle space:
Please accept this correspondence as my informal claim for non service-connected pension with ‘Aid & Attendance’ benefit (“for a surviving spouse” or “for a veteran” – list only one), as provided by the following statute:
38 CFR 3.155 Informal Claims.
(a) Any communication or action, indicating an intent to apply for one or more benefits under the laws administered by the Department of Veterans Affairs, from a claimant, his or her duly authorized representative, a Member of Congress, or some person acting as next friend of a claimant who is not sui juris may be considered an informal claim. Such informal claim must identify the benefit sought. Upon receipt of the informal claim, if a formal claim has not been filed, an application form will be forwarded to the claimant for execution. If received within 1 year from the date it was sent to the claimant, it will be considered filed as of the date of receipt of the informal claim.
(b) A communication received from a service organization, an attorney, or agent may not be acceptable as an informal claim if a power of attorney was not executive at the time the communication was written.
(c) When a claim has been filed which meets the requirements of 3.151 or 3.152, an informal request for increase or reopening will be accepted as a claim.
Once this information has been typed into the statement section of the document, make sure the veteran (or surviving spouse) signs the claim. There will not be a VA file number yet to place in the top right box, so you may leave that blank.
Mail the form to your regional VA office and make sure you save a copy for your files. You should also mail it return receipt requested.
The advantage of filing a 21-4138 is that, any retroactive payments will be paid back to the date this claim was received. Once you have submitted this form, you have one year to file the formal claim package.
Please note that, upon receiving your 21-4138, the VA will send you notice that your claim is incomplete, along with a formal claim form. If you already have a Form 21-526 or Form 21-534, you can ignore this initial letter from the VA (but do save it – as you should ALL VA correspondence.)
To download a Form 21-4138 click here.
Q. How do I know that I qualify for Aid & Attendance?
A. The VA will require that your physician fill out a form establishing that the claimant requires daily assistance from others in order to dress, bathe, cook, eat, leave home, etc. The claimant does NOT have to require help in ALL these areas. There simply must be adequate medical evidence that the claimant cannot function alone.
Q. How do I know that I qualify for Housebound?
A. A physician’s statement is also required for Housebound (and the VA will automatically consider it if the claimant does not fully qualify for A&A). The criteria for Housebound requires that the claimant need regular assistance, but is not as limited as the A&A recipient.
Q. How do I know that I qualify for Basic Pension?
A. A veteran who served in the military 90 days, one of which was during the eras outlined in Question 2 is eligible for a basic pension if he meets the net worth and income criteria. The same is true for the surviving spouse. The net worth and income topics are covered in questions 3-6.
Q. Is there a “look back” period for Improved Pension?
A. No, the VA looks at the assets in hand the day the forms are filed.
Q. I am my father’s Power of Attorney; how is that handled?
A. The VA does NOT recognize a POA unless they have approved the individual for that designation. If you are simply a POA for convenience purposes, it is much quicker to have your parent manage and sign the forms themselves. If your parent is not capable of managing his/her own affairs in that manner, then the VA will want to set up an interview with you in order to determine if you are the appropriate fiduciary for the claimant.
Q. What happens if my claim is denied for excessive income?
A. Denial is often only the beginning of the process. You then have one year to collect receipts etc. on your medical expenses. At the end of that year you file what is known as an EVR – a two-page sheet that establishes your income and expenses for the year. If the VA reviews it and determines that you are now eligible for the pension, you will receive a lump sum check, retroactive back to the date you originally filed.
Q. Can I send the claim to any VA office?
A. No, the claim package must go to the Regional VA Office that serves the area in which the claimant resides. Do not send claim packages to VA medical centers or other facilities. They must go to the regional office that serves your region. This is how many packages get lost or delayed. For a list of REGIONAL OFFICES, click here.
Q. My mother is applying for the surviving spouse’s A&A, does she need to have a marriage license?
A. Actually, she needs the marriage certificate, not license. The certificate establishes that the wedding did indeed take place. If you cannot find the certificate, you may need to contact the Clerk of Courts office in the county where your parents were married. You do need to have this document so the VA can establish that your mother has a legitimate claim to the benefits earned by your father’s service.
Q. My father was married before he married my mother; does the VA need any of that information?
A. Yes, you will need to provide the following: where the marriage took place, when, to whom, what date it ended? Where? And how? The VA needs to be able to establish that the previous marriage ended through the appropriate legal channels in order to establish the legitimacy of your mother’s claim to the benefits.
Q. What portion of assisted living expenses are considered deductible?
A. If the VA determines that the claimant is deserving of Aid & Attendance or Housebound benefits, then ALL of the costs are deductible. The VA Operating Manual states: “Allow all reasonable fees paid to the facility as long as the facility provides some medical or nursing services for the disabled person. These services do not have to be furnished by a licensed health professional.”
Q. If my mother sells her house before moving into Assisted Living, does she have to count that money as income?
A. No, it does not count as income, but as soon as she puts it in the bank, it will become part of her net worth. 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. How she disperses the money from the sale is between her and her financial advisor, but any money she retains in savings accounts, CDs, IRAs etc. will be considered part of her net worth. As previously noted, there is no “look back” on Aid & Attendance.
The VA’s goal with this program is to help those in financial need. Their operating manual states that: “The VA’s income-based programs are intended to give beneficiaries a minimum level of financial security. They are not intended to protect substantial assets or build up the beneficiary’s estate for the benefit of the heirs.”
If you still have questions regarding eligibility, please e-mail them to: Q&A.
Please limit your questions to two per claimant and allow 72 hours for a response.
"AVI and Project VetAssist cannot guarantee an individual's eligibility or approval for a VA pension. The final decision on such matters is administered solely by the Veterans Administration. We do not claim to represent them nor do we speak on their behalf."
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