Refiling for surviving spouse

Discussion in 'Surviving Spouse Application' started by oktxazwi, Feb 9, 2017.

  1. oktxazwi

    oktxazwi Newbie

    In 2012, we filed the following forms for my mother (surviving spouse): 21-2680, 21-534, and 21-4138, so that she could receive A&A benefits. At the time, her health was much better and her income was too high and she was denied. Now, she has just moved to an assisted living facility and is needing a more substantial amount of care. Her income is also less because of an annuity that is no longer paying out. Her current income is significantly less than the cost of the assisted living facility. I have a copy of the VA letters denying her eligibility in 2012, but I do not have the initial paperwork (the letters state what paperwork was filed). The initial paperwork was filed for us by someone who is no longer preparing VA paperwork.

    Because we filed this initially, I am unsure of the paperwork that we should file now. Should we submit an intent to file? Should we start over submitting the same paperwork? I'm not quite sure how to proceed.
     
  2. Kaylin

    Kaylin Hero Member Staff Member

    My instinct says they may or may not still have her information on file for her original filing. I would call the VA first to see if they have her original application. If not then you will have to submit all new forms. If they do have her information then you can simply use the 21-4138 to update the VA on her status (assets, income, how much she's paying for care) along with a Statement of Occupancy from the ALF (the people at the ALF should know what it is, just ask them), a Nursing Home Status Statement and if you want to include a Medical Expense Report you can. You can also include bank statements to show how much she is paying for care monthly.
     
  3. oktxazwi

    oktxazwi Newbie

    Because her original claim was denied, we have to start over with a new application. However, because we had filed a claim previously, we don't have to resubmit items such as my Dad's service records, marriage certificate and death certificate as they still have those on file.
     
    Kaylin likes this.
  4. Kaylin

    Kaylin Hero Member Staff Member

    Good to know! I'm glad you were able to find out that information.
     

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