Aid & Attendance Handbook for Professionals & Consultants
And Other Veterans Long Term Care Benefits
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The information in this chapter was taken from federal regulations 38 CFR pertaining to VA aid and attendance pension benefit (improved aid and attendance pension benefit) and compensation issues. We only provide excerpts for subjects directly relating to the claims process. This chapter also contains extracts from VA manual 21-1 pertaining to issues dealing with the claims process. This material was gleaned from about 6,000 pages of manuals and regulations. The chapter is divided into 12 sections listed below.
Charging a Fee
The Initial Claims Process
Determining Veteran Status for Benefits
Verification of Facts and Relationships
Rating for Income and Disability
Income, Asset Tests and Unreimbursed Medical Costs
Calculation of Benefits and General Statements
Income
Income Exclusions and Deductions
Unreimbursed Medical Costs
Net Worth
EVRs -- Eligibility Verification Reports
Accrued Benefits
Dovetailing with Medicaid
VA Power of Attorney and Fiduciary Program
Special Benefits
HISA Handbook
Charging a FeeFederal code prohibits charging a fee in conjunction with filing a claim. Some practitioners feel that providing advice to help speed up the process or make sure all the unreimbursed medical expenses are counted does not constitute charging a fee if that advice is given in the context of a general consultation for solving long term care problems. These practitioners will typically make notation that such advice was given free of charge. Other practitioners may devote a separate appointment entirely free of charge to providing claims advice to clients whom they see on a regular basis for other issues. Some financial planners may offer advice in conjunction with a regular retirement planning appointment. No fee is annotated for this advice.This stance towards charging no fee for advice probably has more credibility if the attorney or agent sends his or her client to a local veterans organization to make application.-CITE-
38 USC Sec. 5901 01/03/05-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 59 - AGENTS AND ATTORNEYS-HEAD-
Sec. 5901. Prohibition against acting as claims agent or attorney-STATUTE-
Except as provided by section 500 of title 5, no individual may act as an agent or attorney in the preparation, presentation, or prosecution of any claim under laws administered by the Secretary
unless such individual has been recognized for such purposes by the Secretary.-CITE-
38 USC Sec. 5903 01/03/05-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAP