1. Your guaranteed Medicare benefits are protected and benefits will be improved.

2. Out of pocket costs for prescription drugs needed to stay healthy will be lowered due to Medicare changes. The “doughnut hole,” is expected to disappear completely by 2020.

3. There will be expanded coverage for wellness and preventive care such as mammograms and other screenings for cancer and diabetes.  These services will be free of charge.

For more information about the New Health Care Law and how it affects you or others, check out www.aarp.org/getthefacts

Wednesday, Dec 16th at 12:00-1:30pm

Hospice Family Care- 100 E. Sheldon Street- Prescott

RSVP to Ned Dagle, Hospice Family Care to reserve your spot. 928-541-1740

VA applications for pension are disapproved because they are not complete and well-documented.  Yes, now that pension claims are worked in the St. Paul and Philadelphia Pension Centers only, the atmosphere for help and approval is far better, and applications are resolved more quickly (4 months instead of 9 months).  Gone are the days when certain individuals in local Regional Offices (RO’s) WOULD DENY everything.  Those of you who were forced to deal with the Phoenix and Alburguergue RO’s in the past know this is true.

I hope the following 5 reasons for denial will help you navigate the VA process.  Yes, the VA’s “duty to assist” exists, but this is the one area where the VA responsibility continues to fail.  If you are not inform, our represented by Elder Law Firms like JacksonWhite, you may be unprepared to deal with the VA and perfect your benefits.

Reason Numer 5: MISSING OR INCOMPLETE INFORMATION.  The VA applications, VA form 21-526 (veterans) and 21-534 (widows), are multiple-paged and have many, many questions.  Address and answer everyone of them.  If the question is “non-applicable”, answer “N/A”; if the income is zero, answer with a “0″; and if you are tempted, NEVER, NEVER leave a space “blank”.  Every blank space means a question & a letter from the VA, which delays the claim.  If you do not have a copy of the veteran’s discharge, DON’T WORRY!  Attach what you have, because the VA will ask the military for confirmation of the veteran’s service.

Reason Number 4: Failure to Respond to Clarifications.  There are many areas on an application where the VA MUST clarify what you submitted or what you meant (REMEMBER: you can never tell the VA too much about a situation).  ALWAYS answer their letters or phone calls as soon as possible, and if you need time to do so, send them a letter saying “I’m working on it”.  Do not panic when they say “respond within 30 days”.  You have at least 60 days by law, and can supply the information within 1 year and still have a valid claim.  If you DO NOT know where to get any clarification, tell the VA and asked their advise (the duty to assist).  There are always alternatives!!

Reason Number 3: Documenting Dependents.  Who is a “dependent” for VA pension is often misunderstood.  A “dependent” is less than 18 years old, where the veteran is the father, or the veteran is married to the mother, so step-children are fine.  Grandparents MUST have court-issued adoption decrees.  If dependents are under 23 years old, they MUST be in school full-time.  Spouses are dependents, but their income also counts, as well as their Unreimbursed Medical Expenses.  If the veteran or their spouse has previous marriages, document them with a death certificate, an annulment decree or a divorce decree.  The VA MUST assure a “valid marriage”.  HINT: divorce decrees are available from the County where the divorce was granted.

Reason Number 2: Documenting “Shortfalls“.  If your Unreimbursed Medical Expenses, especially your Room & Board (R&B) figure for a facility, exceed your income, the VA WILL ALWAYS delay your claim to clarify this.  So, you are going to anticipate this question!!  If you are using “savings or assets” to meet this shortfall every month, explain this as an attachment to your application.  If your assets are depleted, and a friend, sibling or family member is supplementing your R&B, explain this.  To be absolutely sure the VA understands this, write a simple “loan agreement” and submit it, showing you are “borrowing” this shortfall every month, expecting to pay it back when pension starts.

And Finally, Reason Number 1: Failure to Document Income and Unreimbursed Medical Expenses.  On the application, the VA can ONLY confirm the amount of your Social Security benefits independently.  EVERYTHING else should be documented with a written explanation, this year’s award letter, or an annuity agreement.  The VA can’t even confirm your Federal or Military Retirement without a letter.  WHEN IN DOUBT, document it.  Unreimbursed Medical Expenses should be documented on the VA form 21-8416.  For most widows and veterans, their largest expense is the R&B they pay for a Group Home, Assisted Living or a Nursing Home.  Simply provide the VA a letter from the facility confirming your Room & Board monthly figure.  If you have any other “recurring, ongoing or continous” Unreimbursed Medical Expenses, document them.

With the VA, you CAN NEVER provide too much information.  If they have to write you for clarification of any ONE point on the application, your claim will be delayed or denied.  ALWAYS include your phone numbers, an EM address if you have one, and a Next-of-Kin’s contact information with every application.

If you have any questions, please contact us directly at (480) 464-1111, or pose a question to our blog.

As early as 1871, ceremonies were held in New York, Cleveland and Savannah honoring the sacrifice of Civil War veterans. 

World War I, “the war to end all wars”, officially ended with the signing of Treaty of Versailles on June 28, 1919.  However, an armistice had been agreed to by both the Allies and Germany seven months before, on the 11th hour, of the 11th day, of the 11th month.  President Wilson proclaimed the first Armistice Day November 11, 1919 as “a day of solemn reflection, filled with pride in the heroism of those who had died in service to their country”.  His original concept was a day of parades, solemn public meetings, and a suspension of the nation’s business to begin at 11:00 a.m.

Congress officially recognized November 11th in a joint resolution issued June 4, 1926.  Although they acknowleged 27 states had already decreed Armistice Day a legal holiday, they called for “the flying of the American flag” and “invited people to observe the day with appropriate ceremonies”.

On May 13, 1938, Congress designated Armistice Day a legal holiday, with November 11th set aside “to promote world peace and to honor the veterans of WWI”.  Striving to further honor the memories of WWII and Korean War veterans, on June 1, 1954, Congress changed the designation to “Veterans Day” and noted November 11th “became a day to honor the sacrifice of American veterans from all wars”.

Veterans Day continued until the passing of the Uniform Holidays Bill in 1968 (an effort to make most federal holidays on a Monday), but the outrage and confusion resulting from the October 25, 1971 Veterans Day observance resulted in a retreat by Congress.  Due to the “historic and patriotic significance” of November 11th, in 1975 they restored November 11th of each year as the official Veterans Day that we observe to this day.

We have set this day aside for a celebration to honor all American veterans for their love of country, willingness to serve, their sacrifice for the common good, and their patriotism.  No matter how you choose to celebrate this auspicious holiday, please do not let the day pass without thanking at least one veteran for their service.  We owe them so much.  

VA Wartime pension (for Veterans) and VA Death pension (for widows) must satisfy certain eligibility requirements.  The requirements are identical except that widows have no total disability requirement.

Wartime Service:  Veterans must have served at least 90 days of active duty, with one (1) day included in the wartime periods established by Congress.  This service must be other than dishonorable.

Inability to Work (totally disabled):   Veterans must be totally disabled and incapable of gainful employment.  If the veteran is 65 years old, or older, they are considered totally disabled.  If they already have qualified for Social Security Disability (SSD), they are considered totally disabled.  If they are younger than 65 years old, and do not receive SSD, medical records are needed for the VA to access total disability.

Limited Income:  There is a limited income provision that ranges from $11,181 to $22,113 for veterans, and $7,498 to $14,298 for widows.  However, do not be discouraged if your income exceeds these amounts.  Income that is counted by the VA is reduced by Unreimbursed Medical Expenses.

Limited Assets:  Assets are your savings, checking, trusts and CD’s; they do not include the equity in your home, your automobiles, or art and jewerly.  The VA requires you to certify the value of your estate the day you sign their application.  There is no “look-back” period for VA, unlike ALTCS.  Generally, a Veteran or a widow will be eligible if their assets are less than $40,000.  Since the VA has some flexibilty in this requirement, $50,000 may be approved.

These are the basic requirements for pension.  Watch our blog for future discussions of specific subjects on pension, or sent us your comments.

World War I : April 6, 1917 – November 11, 1918

World War II : December 7, 1941 – December 31, 1946

Korean Conflict : June 27, 1950 – January 31, 1955

Vietnam Era : August 5, 1964* – May 7, 1975

Persian Gulf (Operation Desert Shield/Storm) : August 2, 1990  – ??

* Between 2/28/61 and 8/5/64 only if In-Country Military Advisor

Keep these dates handy – especially if you are a health care professional who is able to assist Veterans (or their widow’s) with this benefit. For more information on the Veterans Pension Program or Aid and Attendance visit JacksonWhite Elder Law.