My mother was inquiring about the Aid and Attendance program with the local Area of Aging, and she was contacted by a company that helps with the paperwork promising a push through. Is this a scam?

It is always wise to check on a business like this before you proceed - even better if you have a referral from someone you trust.
I was not aware that it is considered "illegal" for a private company to help with the paperwork then be compensated....why would it be? Anyway, since your parents have gone ahead with it, it looks like you will have to wait and see.
My Mom's ALF works with a company who files for their residents and the ALF picks up the tab. They have been great to work with and were very efficient about getting things done in a timely manner. Because I had a referral from the director of the ALF I felt confident with them. It would have been a nightmare for me to file on my own. I could probably manage the paperwork but these companies know more about the fine details and what the VA is looking for. Even if you have to pay a fee, the end result is worth it...the benefit is over $1,000./month...well worth the investment.
The only thing that troubles me about your post is the additional $450. to transfer the A&A. I would inquire about that. It is their benefit and not that of the company who prepared the paperwork.
The time to ask questions if before you hire someone...I hope this works out for your family and they get the A&A.
good luck

What makes me suspicious here is that the company contacted HER. It's better to check with AoA and ask if there are companies that can help with the paperwork. I don't like the feel of this. I agree that checking with the BBB is a good idea. I'd also ask the Area Agency on Aging.
I know the paperwork for Federal agencies can be a nightmare, but it's nearly always better to research legitimate ways to find help. As noted above, you could contact a local Assisted Living facility if one uses a company and ask who they use. The key is that YOU (or your mom) establish contact first.
I'm hoping this is not a scam. She may get help, but it may or may not be done correctly. I just seems a bit fishy - sorry to say.
Take care,
Carol

It's illegal to charge to complete VA forms for applicants. These scam artists make their money either by steering the applicants toward poor investments/financial arrangements allegedly to meet the VA needs-based pension criteria, but actually to where the agent gets a kick-back; or from the retirement residence people who provide a kick-back. A sharp 8th grade student could complete the VA forms required for the Aid and Attendance level of non-service connected pension: VA 21-2680, VA 21-526 [for vets] or VA 21-534 for [surviving spouse or child], and either a VA 21-8416a or a statement from a nursing home to show paid medical expenses. Add guardianship papers for Alzheimer's patient applicants, honorable discharge/separation documentation, and you're about done. I've done all the above in less than an hour. VFW, American Legion, county Veterans Service Officers, etc. all help with these forms for free.

First, yes, it is illegal for anyone to charge a fee to complete VA forms.

Second, we attended a seminar at a retirement home where folks were advised to transfer their funds to an irrevocable trust to conceal them from the VA in order to qualify for the aid and attendance benefit. While this may be legal we do not feel this is honest. The presenters also said that many VA workers were ignorant of the benefit and inept at helping folks fill out the paperwork. Smelling a fraud, we did sign up for this and further checking showed that many of these companies will subsequently try to sell annuities that are inappropriate for seniors and carry high sales commissions.

Third, we applied for aid and attendance benefits for our mother directly with the VA and found the VA extremely knowledgeable and helpful. The notion that the VA is unaware of the aid and attendance benefit or is somehow hard to deal with is incorrect and part of a high pressure sales tactic.

Well, I can't edit my above post, but I left out a word. It should read, "Smelling a fraud, we did NOT sign up...."

The only people who should be dealing with Veterans Administration information and paper work is the VA. Aid and Attendance paperwork can be taken care of through your local Veterans Service Organization Officer. I would say what your parents are involved is a scam. No one needs to hand over money to complete any paper work for the VA. In fact, attorneys are not even allowed by to complete paperwork that comes from the VA. Call your local VA Administration and report this.

The VA made it illegal because of scam artists just like this one. They don't want their veterans being ripped off, it was easier to just make the scam artists illegal to use. Only Service Officers of Veteran's Service Organization, VSOs are allowed to help you out, no fee involved.

Please please contact the police and one of the Veteran Service Organizations below immediately and see if they can help you get your money back. You many not have known that it was illegal, but the scam artist certainly knows that it is and he needs to be stopped now before he harms others!

Do you happen to live in a town or city with a VA administrative or medical center? There will be several VSO's there and you can make an appointment or possibly walk in. If not, check your phone book for one of the VSOs below You can call the VFW Hall in town, Veteran's of Foreign Wars. Everyone has one of those; right? Or maybe an American Legion Hall. Maybe one of them will have a Service Officer around sometimes.

Here is a list of those that the VA allows to help you fill out forms for claims.

I found it at this government website on page 14 of 108 pages. http://www1.va.gov/vso/VSO-Directory_2012-2013.pdf


LIST OF RECOGNIZED ORGANIZATIONS
By virtue of authority contained in title 38, United States Code, the organizations listed below have been
granted recognition in the presentation of claims under the statutes administered by VA. This listing is not
intended to reflect on the quality of services rendered by other
Veterans service organizations:
Service Organizations Recognized by VA for Claim Processing:

African American PTSD Association (Not congressionally chartered)

American Ex-Prisoners of War, Inc.

American GI Forum of the United States

The American Legion

American Red Cross

AMVETS

Army and Navy Union, U.S.A., Inc.

Blinded Veterans Association

Catholic War Veterans of the U.S.A., Inc.

Disabled American Veterans

Fleet Reserve Association

Gold Star Wives of America, Inc.

Italian American War Veterans of the United States, Inc

Jewish War Veterans of the U.S.A.

Legion of Valor of the United States of America, Inc.

Marine Corps League

Military Officers Association of America (MOAA)

Military Order of the Purple Heart of the U.S.A., Inc.

National Amputation Foundation, Inc.

National Association for Black Veterans, Inc.

National Association of County Veterans Service Officers, Inc.

National Veterans Legal Services Program

National Veterans Organization of America, (NVOA)
(Not congressionally chartered)

Navy Mutual Aid Association

Non Commissioned Officers Association of the U.S.A

Paralyzed Veterans of America

Polish Legion of American Veterans, U.S.A.

Swords to Plowshares, Veterans Rights Organization

The Retired Enlisted Association

United Spinal Association, Inc. (Not congressionally chartered)

Veterans Assistance Foundation, Inc. (Not congressionally chartered)

Veterans of Foreign Wars of the United States

Veterans of the Vietnam War, Inc. & The Veterans Coalition
(Not congressionally chartered)

Veterans of World War I of the U.S.A., Inc.

Vietnam Veterans of America

Wounded Warrior Project


Any time a person company offers to help you fill out government paperwork for any kind of fee, RUN IN THE OTHER DIRECTION AS FAST AS YOU CAN!!! Remember that you would be giving them sensitive information including your social security number. Never do this!

never mind, this is an old topic. *facepalm*

If you need help in getting VA benefits you need to speak with a VA certified attorney. As mentioned previously it's illegal to charge for filing but they can do what's called a preconsultation to see if you qualify. They can charge a fee for the preconsultation but it's worth paying the small amount because they know what they're doing. I used The Center For Elder Veteran Affairs (CFEVR. Org) I was able to get approval for my parents in one month. Anyone interested in filing should contact them and stay away from the organizations affiliated with assisted living centers.

"The Center for Elder Veterans Rights, PC is an independent law office. CFEVR is solely focused on assisting elderly and disabled ..." and blah blah blah.

I went and checked their website, it's not a Veteran's Service Organization, it's a Law Office. All they can do is tell you that you are or are not qualified, and for which benefits. I suppose of course, all of that will be based on paperwork that you will be required to bring in, or acquire from the government for them?

I have to say that I feel it's ridiculous for anyone to PAY hard earned money for a service that can be handled by Service Offices at Any of the Veteran's Service Organizations Recognized by VA for Claim Processing, FOR FREE. (see my list in another post above)

Not only that, Service Officers at Veteran's Service Organizations Recognized by VA for Claim Processing can do something that this fee collecting law office cannot. Service Officers *CAN* HELP YOU FILL OUT THE CORRECT FORMS AND PAPERWORK.

MY two cents of course.

P.S. You DO NOT need an attorney to file claims with the VA. In fact it's verbotton. I looked into it when my Disability Claim was not being handled well, Veteran's are not allowed to use lawyers when dealing with the VA. If it were not for my excellent doctors, I would still be screwed.

I found out something really interesting about VA disability claims, the decisions are not made by doctors, there is no one medical on the board. Not ever. So they do not even understand what they are reading. Whether we receive disability or not is based solely upon OUR OWN doctors and their writing skill, their ability to create understanding of our situation. You need good doctors who write extraordinary notes and/or ones that will write to the board specifically.

P.P.S. My service office supplied the correct paperwork too, you might want to call and check that out.

Next you'll have me looking up phone numbers. . .

My mother used this and paid 1100.00 to fill out papers for aid and attendence. They told us stories about 2 weeks to two monthes. Well they fooled around for 6 weeks telling how to fill out all the paper work and how to get papers. I didn't need any but they had me get another DD214 so I could keep Daddy's original. We started all this Feb 13th, 2013 and send in package March 29,2013. Now we are waiting and they tell us it could take 8 months to a year. I should have went to the VA in the first place, this did not save me any time. Now I owe my credit card $1100.00 and interest. I had to quit work to take care of my mother totally. She is wheelchair bound now. Now I'm going deep in debt. I will be the care giver and sheis going to pay me with the money from the VA pension to stay home and take care of her. I am happy to do this, I am her only child. Just need money now!

This is my second post. I forgot to say my Mother is 92 and they should rush it through as a hardship, they gave me papers after I got mad and I told them I was kind of deceived by their post they gave me of 2 weeks to two months wait for their customers for VA Aid and Attendance pension. They gave me another form to fill out and send to VA saying we need it rushed through as a hardship case. We are still waiting.

Thank you College for proving my point! I think that you might want to check with a local VA Service Officer and find out if you are being defrauded. Perhaps you can get some or all of your money back. Check one of my posts here and look for a service officer in your area.

Dear Pamela Sue:

How wrong you are! Before you make blanket statements, you should do a minimal amount of research to insure your statements are correct and do not reflect so poorly on your grasp of law and/or VA policy. While it is illegal in all instances to charge a fee for assisting in the preparation of a claim for VA benefits, the General Counsel of the VA issued an opinion letter in May, 2004 stating that it is certainly permissable for a VA-Accredited attorney to charge a fee for what VA terms a "pre-filing consultation." This is legal because it occures prior to an individual becoming a claimant under the definition found on 38 Code of Federal Regul;ations, Part 14. Secondly, you make a point that an individual does not require an attorney to file a claim for benefits. While this may be true, I remind you that eligibility for benefits is, in fact, a matter of law. I deal with County Veterans Service Officers and so called VA "volunteers" whose collective knowledge about pension benefits could be put in a thimble; often informing veterans they are ineligible for certain benefits when they most asseredly are! Also, VA only advises individuals who are denied benefits to appeal their decision. In most cases this appeal is based on unfairness or inequity and simply results in a reaffirmation of the denial. Generally, most denials are based on poorly prepared claims and lack of evidence. Lastly, again demonstarte a lack of knowledge by stating we are not a recognized veterans service organization. Again, very true. Please read 38 C.F.R. 14.629 and see that VA accredites three types of advisors for veterans: attorneys, claims agents and service officers recommended to the VA by service organizations. VA-accredited attorneys are just as legally authorized to represent veterans as one of the thirty plus recognized veterans service organizations and, in my opinion, offer a better service simple because they are able to give a client a better grasp of the applicable law and offer opinions that a service officer cannot do.

Finally, you may want to read up on the legal ter "liable." It's what you have blatently done in your responses and opens you up for all sorts of nasty legal action. You may want to review your erronous statements above and make suitable corrections and apologies.

Dear College:
You did not use our firm. We do not charge outrageous fees such as you described.
CFEVR

A federal law (passed in June 2012) prohibits anyone from representing a veteran in preparing, presenting, or prosecuting a claim for veteran benefits unless the person is accredited by the VA. Accreditation is not to be used for marketing financial services. A person or organization cannot charge a fee for assisting a veteran in preparing an application or presenting claims to the VA.” Cited from WA State Senate Bill, SB- 6208, passed on Feb. 12, 2014 which was intended to put more muscle into the laws preventing the exploitation of veterans and their families

However Lawyers will not discount that portion of their legal fees given over to VA issues, Many Lawyers feel this is unethical.

Lawyers accompanying the pension poacher will try to exact fees for unrequested services.

Pension poachers most often send the claimants VA forms to another state for a lawyers or accredited claims agents can work on it. A few problems are raised here, If the claimant or family members goes to the VA wed site, studies it (even comes with videos), does what is instructed, a fully developed claim can be adjudicated in 3 months

And it was all free, no exchange of money, fees, purchases, and no listening to an oxygen thief disguised as a sales- person or veteran advocate.

I need help with this too, thanks for answering. VA 21-2680 form

My dad was a WWII vet and had an OK retirement, but not enough to afford assisted living. We started investigating places to stay and heard about a presentation at one of the local retirement centers. While at their presentation, we were told about a great benefit for veterans who had spent anytime in a combat zone (as little as one day!). This benefit provided monthly assistance to help pay for housing/living expenses for US combat veterans. The retirement center referred us to check out The Center For Elder Veterans Rights. The retirement center told us that the process to apply for the combat veterans assistance was horribly complex, took months to complete, and many people did not get approved because of simple mistakes. They highly recommended The Center For Elder Veterans Rights because they said this law office specialized in veterans benefits and had excellent success in applying for the assistance. Now, I am not a fan of lawyers, and I was highly skeptical regarding the legitimacy of any group helping veterans because I had heard many horror stories. Additionally, my past experiences with veterans benefits and anything related to government applications had been extremely complex and very frustrating, but I felt my dad deserved this benefit, so I decided to check into it. I sent CFEVR.org an email and received excellent information. I felt their one time fee was very reasonable, and they didn't collect it unless my dad was approved, so I elected to use them. All I needed was my dad's DD214 (discharge papers). My dad received the benefit in about 2 months, which was amazingly fast. I had to contact the CFEVR several times, and I was never charged any additional charges, everything was covered by the one time fee. They were very responsive and I always spoke to someone, or they called me back promptly. I was very pleased with their service. I highly recommend these people. They have a website with lots of great information, which you can check out here: cfevr/

The VA accredits attorneys, claims agents and VSO’s only
Federal Statute 38 USC 5901 and Regulation 38 CFR 14.626 and 14.629
Anyone offering assistance, consultation, or merely advice on a claim for benefits administered by VA must be directly accredited by the General Counsel of the VA
Website to check credentials
www.va.gov/ogc/apps/accreditation/index.asp
VA also recognizes some service organizations also listed on the same website

CFEVR is the law firm of choice for many assisted living centers. They charge you $750 to tell you what a VSO could tell you - you automatically qualify or you don't. If you don't then a VA accredited attorney can help you qualify. The VA will never suggest how to qualify because they don't think outside the box.

It is a crying shame that vets do not receive the benefits they have earned with their blood and sweat but that is the VA. You have to pry it out of them so the reality is unless you are almost destitute you will never get VA A&A without a VA accredited attorney's help.