Berg Bryant Elder Law Group, PLLC

Who Can Help Me With A VA Aid and Attendance Claim?


If you need assistance with a claim for VA aid and attendance or VA improved pension with aid and attendance, there are a few different resources. There are free and paid resources. The pay is indirect because providers cannot charge directly for assistance with applications for VA benefits. Pay providers have to provide value in other ways in order to be compensated for assistance with benefits claims. The free sources are primarily veteran service officers or VSOs. A veteran service officer is an individual who is accredited to give veterans benefits advice by the VA. This requires education and passing a test. VSOs can be employed or found at VFWs or the American Legion. They can also be found through local city government agencies.

For example, the City of Jacksonville has a veteran’s benefits office because of our consolidated government. St. John’s County has a veteran’s service office for the county. These entities employ VSOs.

If you are looking for professional service, you can seek assistance from accredited attorneys and accredited individuals who provide ancillary services. Accredited attorneys cannot charge for the completion of the VA benefits application, but the attorneys can charge for long-term care planning advice, facility placement assistance, estate planning, and Medicaid asset protection. Other accredited individuals may provide financial related advice regarding your investments or account management. However, some people can complete a VA benefits application themselves.

I have encountered clients who have successfully done it themselves. But the process is not quick and painless. The people who submit VA benefits applications themselves are usually not employed full-time, are detail-oriented, very patient, and have the time to wait on hold with the VA or congressional casework personnel. They have the time and ability to discover and obtain the data needed to support the VA application forms. Aside from completing the application found online, the applicant must also provide proof to the VA that verifies accuracy and authenticity. Bank statements, income statements, and proof of expenses through third parties can serve as proof.

The majority of people do not have the time, energy, aptitude, or preference to obtain this data and complete all of this work. For the majority of people, they should consider engaging help from other people. Most applicants are caregivers with caregiving responsibilities. Thus, full-time workers do not have the time to complete the application process and be a caregiver. The VA does not provide complete instructions, and there’s only so much you can gather online and from other sources to move the process forward. There’s a lot of trial and error, waiting weeks or months to receive a request in writing with short deadlines, and a lot of back and forth. It can be done, but it can be a frustrating process.

Is It Better To Go To My VA Office For Help Or Should I Retain An Attorney?

Depending on the VA office and location, assistance can vary – it is usually better to seek the assistance of an elder law attorney. The local office is going to be through a local government agency, and it is hit or miss depending on the local government. Some counties in Central Florida have VSOs in the local VA office that are exceedingly helpful and have good follow through. Some have enough knowledge and time to directly help the veterans. Typically, rural or smaller counties have very good local VA offices. If the city is larger or metropolitan, the local government’s VA offices have higher demand for services. Therefore, the VSOs do not have enough time to fully assist every individual.

Even if the veteran service officers in the local offices have time, they may not have the knowledge base. Elder law attorneys are usually better versed with assisting. Attorneys can advise clients on certain actions under the law to become eligible.

You can start with the local VA, but if you ever feel frustrated in the experience or discouraged because you were told no, then you should consider going to an elder law attorney for help with VA benefits.

For more information on VA Benefits With Aid And Attendance, an initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (904) 398-6100 today.

Berg Bryant Elder Law Group, PLLC.

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(904) 398-6100

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