VisPro®

The following are excerpts from a few of the pages contained in VisPro. They are a sampling of various pages demonstrating how VisPro works and how the user interacts with the program.

Click on the Underlined Subject to Go to the Desired Page

To navigate through the demo program, click on colored icons to open and read Help Boxes. User may type information into the shaded boxes. Similar information will be populated into other forms throughout the program.

2012 Maximum Pension Rates for Non-Service Connected Pensions

Sample of Helpful Hints and Frequently Asked Questions and Answers

Pre-Qualifying Formula for Single Vet, Filing for Aid and Attendance - This page contains a formula that estimates the pension amount for a single veteran. VisPro also contains formulas for Married Vets, Vets Married to Vets, and for Surviving Spouses, as well as a pre-qualifying questionnaire for a quick indication of eligibility of a prospective claimant.

Form 21-22a - This form is used to assign an accredited Attorney, a VA accredited Agent, or a private individual as the claimant's official representative before the VA.

Income Page from Form 21-526 (Primary Application Form for Veterans) - This specific page is for the documentation of a veteran’s total household gross income and is automatically linked to the appropriate VisPro formula to determine the expected pension amount.

Form 21P-8416 (Medical Expense Form) - This form is used to report the claimant’s household recurrent medical expenses and is automatically linked to the appropriate VisPro formula to determine the expected pension amount.

Client Input Pages – Capture vital information about the claimant

4. Scenario Option - Gives a listing of the forms needed for a particular type of case or scenario.

3. List of Forms - If a particular form is desired, go directly to a list of forms and documents to access any form contained in VisPro.

1. Guided Tour - Follow the question driven menus for the desired forms and information needed to complete a claim.

2. Menu Option - If a particular form is desired, go directly to a list of forms and documents to access any form contained in VisPro.

5 Convenient Ways to Navigate the Program (Click on navigation title below for sample)

5. Citation/Reference List - A quick listing of all the citations and legal references used throughout the program.

Maximum 2012 Pension Rates for Non-Service Connected Claims and Housebound & A/A Rates for DIC Surviving Spouse

Type of Claim: Maximum Maximum Annual Rate Monthly Rate Veteran: Independent Veteran, No Dependents $12,256.00 $1,021.00 Independent Veteran, One Dependent $16,051.00 $1,337.00 Housebound Veteran, No Dependents $14,978.00 $1,248.00 Housebound Veteran, One Dependent $18,773.00 $1,564.00 Aid and Attendance Veteran, No Dependents $20,447.00 $1,703.00 Aid and Attendance Veteran, One Dependent $24,239.00 $2,019.00 Each Additional Dependent Child Pays a Minimum of: $2,093.00 $174.00

Surviving Spouse: Independent Surviving Spouse, No Dependents $8,219.00 $684.00 Housebound Surviving Spouse, No Dependents $10,046.00 $837.00 Aid and Attendance Surviving Spouse, No Dependents $13,138.00 $1,094.00 One Dependent Child $2,540.00 $211.00 Each Additional Dependent Child $2,093.00 $174.00

Veteran Married to Veteran: Both Aid and Attendance $31,578.00 $2,631.00 One Aid and Attendance, One Housebound $26,955.00 $2,246.00 One Aid and Attendance, One Independent $24,239.00 $2,019.00 Both Housebound $21,494.00 $1,791.00One Housebound, One Independent $18,773.00 $1,564.00 Both Independent $16,051.00 $1,337.00Each Additional Dependent Child $2,093.00 $174.00

Surviving Spouse Who is Already in Receipt of DIC: Addition of Aid and Attendance $3,552.00 $296.00 Addition of Housebound $1,668.00 $139.00

Maximum NSC Pension Rate for a Child Filing on His/Her Own: $2,093.00 $174.00

A Claimant May File for an Award Date Prior to Completing the Entire Application, which Allows Retroactive Pay from that Award Date. Does the VA Look Back on the Transfer of Assets? Does a Claimant Need an Attorney, VA Accredited Agent, or Service Organization?

Who Can Sign the Forms?

Can a Veteran Receive Free Medications and Health Benefits?

What if a Claim is Denied or the Amount of the Award or the Award Date is Incorrect?

A Surviving Spouse Who is Already Receiving Service Connected Compensation May be able to Receive Additional Benefits.

What if the Military Records were in the St. Louis Fire and Cannot be Located by the VA?

What Illnesses are Associated with Agent Orange and Who Can File for Associated Benefits?

Can Dependents Receive any Health Benefits From the VA?

Who Can be Buried in a National Cemetary and Where Does a Family Go for This Information?

Can I Apply to Have a Previously Denied Claim Re-Opened to a Vietnam Veteran Exposed to Agent Orange?

Frequently Asked Questions/Helpful Hints

SINGLE VETERAN, NSC PENSION WITH A&A CALCULATIONS USER TO KEEP..DO NOT SEND TO VA

Insert MONTHLY Figures for Each Category to Estimate Pension Amount

GROSS INCOME SOCIAL SECURITY U. S. CIVIL SERVICE U. S. RAILROAD MILITARY RETIREMENT BLACK LUNG BENEFITS OTHER PENSIONS GROSS WAGES INTEREST AND DIVIDENDS WORKER'S COMPENSATION UNEMPLOYMENT COMPENSATION OTHER MILITARY OTHER TOTAL INCOME

DEDUCTIONS MEDICARE PART B MEDICARE PART C and/or PART D PRIVATE MEDICAL INSURANCE PRESCRIPTIONS SITTER, ASSISTED LIVING, NURSING HOME INCONTINENCE SUPPLIES OTHER OTHER OTHER TOTAL MED. DEDUCTIONS

CALCULATIONS TOTAL MEDICAL DEDUCTIONS MINUS FLAT VET'S DEDUCTION TOTAL NET MED. DEDUCTIONS

INCOME MINUS NET MEDICAL DEDUCTIONS TOTAL NET INCOME

Maximum pension amount for a single veteran is $1,703.00 per month.

1. If the total net income amount exceeds $1,703.00, the monthly pension amount should be zero.

2. If the total net income amount is a positive figure, but less than $1,703.00, the pension amount should be the difference between the two figures.

3. If the total net income amount is a negative number, the monthly pension amount should be the maximum amount of $1,703.00.

RESPONDENT BURDEN: We need this information to recognize the individuals appointed by claimants to act on their behalf in the preparation, presentation, and prosecution of claims for VA benefits (38 U.S.C. 5902, 5903, and 5904) and for those individuals to accept appointment. We will also use the information to verify consent for disclosure of VA records to the appointed representative (38 U.S.C. 5701(b) and 7332) Title 38, United States Code, allows us to ask for this information. We estimate that claimants and individuals appointed for purposes of representation will each need an average of 5 minutes to review the instructions, find the information, and complete this form. VA cannot conduct or sponsor a collection of information unless a valid OMB control number is displayed. You are not required to respond to a collection of information if this number is not displayed. A Valid OMB control number can be located on the OMB Internet Page at www.whitehouse.gov/omb/library/OMBINV.VA.EPA.html#VA. If desired, you can call 1-800-827-1000 to get information on where to send comments or suggestions about this form.

1. VA FILE NO(S) (Include prefix)

APPOINTMENT OF INDIVIDUAL AS CLAIMANT'S REPRESENTATIVE

2. NAME OF CLAIMANT (Veteran, guardian, beneficiary, dependent, or next of kin)

4. LAST NAME FIRST NAME MIDDLE NAME OF VETERAN

6. BRANCH OF SERVICE

ARMY NAVY AIR FORCE MARINE CORPS COAST GUARD OTHER (Specify )

3. ADDRESS OF CLAIMANT (No. and street or rural route, city or P.O., State and ZIP Code)

5. SERVICE NUMBERS

7A. NAME OF INDIVIDUAL APPOINTED AS CLAIMANT'S REPRESENTATIVE

7B. INDIVIDUAL IS (check appropriate box)

ATTORNEY AGENT SERVICE ORGANIZATION REPRESENTATIVE (Specify organization below)

8. ADDRESS OF INDIVIDUAL APPOINTED AS CLAIMANT'S REPRESENTATIVE (No. and street or rural route, city or P.O., State, and ZIP code)

7C. SIGNATURE OF REPRESENTATIVE NAMED IN ITEM 7A

7D. SIGNATURE OF CLAIMANT NAMED IN ITEM 2

*INDIVIDUALS PROVIDING REPRESENTATION UNDER SECTION 14.630 (Skip to Item 8, if the box for "Individual Providing Representation Under Section 14.630" was not checked in Item 7B)

The appointment of the individual named in Item 7A (the representative) authorizes the individual to represent the claimant named in Item 2 for a particular claim pursuant to the provisions of 38 CFR 14.630. By our signatures below, we, the representative and the claimant, attest that no compensation will be charged or paid for the individual named in Item 7A.

VA FORM JUN 2009 21-22a

OMB Control No. 2900 0321 Respondent Burden: 5 minutes

Note - If you would prefer to have a service organization assist you with your claim, you may use VA Form 21-22, "Appointment of Veterans Service Organization As Claimant's Representative."

SUPERSEDES VA FORM 21 22a, MAY 2007, WHICH WILL NOT BE USED.

INDIVIDUAL PROVIDING REPRESENTATION UNDER SECTION 14.630 (*See required statement below. Signatures are required in Items 7C and 7D)

PRIVACY ACT NOTICE: VA will not disclose information collected on this form to any source other than what has been authorized under the Privacy Act of 1974 or Title 38, Code of Federal Regulations 1.576 for routine uses (i.e., civil or criminal law enforcement, congressional communications, epidemiological or research studies, the collection of money owed to the United States, litigation in which the United States is a party or has an interest, the administration of VA programs and delivery of VA benefits, verification of identity and status, and personnel administration) as identified in the VA system of records, 58VA21/22/28, Compensation, Pension, Education, and Vocational Rehabilitation and Employment Records-VA, published in the Federal Register. Your obligation to respond is voluntary. However, failure to respond provide the requested information could impede the recognition of your representative and/or identification of disclosable records. Except for information protected by 38 U.S.C. 7332, your representative is not prohibited from redisclosing records. The responses you submit are considered confidential (38 U.S.C. 5701). Information submitted is subject to verification through computer matching programs with other agencies.

(Continued on Reverse)

36B. WILL YOU RECEIVE ANY INCOME FROM THE OPERATION OF A FARM WITHIN 12 MONTHS OF THE DAY YOU SIGN THIS FORM? NOYES

PAGE 8

PART IX - NET WORTH (Provide specific information about the net worth of you and your dependents)

CHILD(REN) (Provide the first, middle initial, and last name)

NOTE: Report the total income before deductions for taxes, insurance, etc. If you do not receive any payments from one of the sources that we list, write "0" or "None" in the space. If you are receiving monthly benefits, give us a copy of your most recent award letter. This will help us determine the amount of benefits you should be paid. Payments from any source will be counted, unless the law says that they don't need to be counted.

NOTE: For Items 37A-37F provide amounts. If none, write "0" OR "NONE." Do not leave blank spaces.

NAME

37A.

37B.

Cash, non-interest bearing bank accounts

Stocks, bonds, and mutual funds

37C. Retirement accounts (IRAs, Keogh Plans, etc.)

Value of business assets

Interest bearing bank accounts, certificates of

deposit (CDs)

NAME

37D.

VETERAN SPOUSE NAME

SOURCE

37E.

ITEM NO.

Real property (not your home) 37F.

VETERAN SPOUSE

CHILD(REN) (Provide the first, middle initial, and last name) NAMENAME NAME

SOURCES OF RECURRING MONTHLY

INCOME

Social Security

ITEM NO.

35A.

35B.

35C.

35D.

U.S. Civil Service

U.S. Railroad Retirement

Military Retired Pay

35F. Other (Interest, dividends, or one-time payments)

MONTHLY INCOME - Provide the income that you and your dependents receive every month. For items 35A -35F, if none, write "0" or "NONE." Do not leave blank spaces.

YOU MUST SIGN AND PRINT YOUR NAME AND DATE THIS FORM IN ITEMS 42A THRU 42C ON PAGE 10.

36C. DO YOU THINK YOUR INCOME WILL CHANGE IN THE NEXT 12 MONTHS? (If "Yes," explain below)

36A. WILL YOU RECEIVE ANY INCOME FROM RENTAL PROPERTY OR FROM THE

OPERATION OF A BUSINESS WITHIN 12 MONTHS OF THE DAY YOU SIGN THIS FORM?

NET WORTH is the market value of all interest and rights in any kind of property after subtracting any mortgages or other claims against the property. However, net worth does not include the house you live in or a reasonable area of land it sits on. Net worth also does not include the value of personal items such as your vehicle, clothing, and furniture.

NOYES

35E. Black Lung Benefits

NOYES

PART VIII - INCOME INFORMATION (Provide the income you received from all sources)

Surviving spouse's or contact’s mailing address

Surviving spouse's or contact’s day time phone number

Surviving spouse's or contact’s evening phone number

Surviving spouse's or contact’s cell phone number

Surviving spouse's or contact’s e-mail address

Has veteran or surviving spouse had previous marriages? Yes No

Does surviving spouse have proof of dissolution of all previous marital documents; i.e. divorce papers and/or death certificates of prior spouses? Yes No

Does surviving spouse have veteran’s military discharge papers; i.e. DD214 or separation papers? Yes No

Are they originals? Yes No What was discharge status?

Has surviving spouse filed for Medicaid for nursing home? Yes No

Does surviving spouse intend to file for Medicaid for nursing home in the near future? Yes No

Has surviving spouse filed for home based or other Medicaid? Yes No

Does surviving spouse intend to file for home base or other Medicaid in the near future? Yes No

Is surviving spouse housebound? Yes No

Is surviving spouse in need of A & A? Yes No

Name, address, and phone number of surviving spouse’s primary doctor

Is surviving spouse receiving retired military pay (Survivors Benefits Plan – SBP)? Yes No

Did the veteran serve in Vietnam? Yes No

If yes, did the veteran have;

Diabetes type II Heart condition Parkinson’s disease Cancer

Did veteran die of one of these conditions or can death be linked to one of these? Yes No

Did the veteran have amyotrophic lateral sclerosis (ALS)? Yes No

Did the veteran die of ALS or can death be linked to ALS? Yes No

Did veteran die of another service connected condition? Yes No

If yes, what?

5ƻŜǎ ǘƘŜ ǎdzNJǾƛǾƛƴƎ ǎLJƻdzǎŜ ƘŀǾŜ ¢NJƛŎŀNJŜ ŦƻNJ [ƛŦŜ? Yes No

5ƻŜǎ ǎdzNJǾƛǾƛƴƎ ǎLJƻdzǎŜ ƘŀǾŜ /I!at±!? ¸Ŝǎ bƻ

Assessment Form for Surviving Spouse tŀƎŜ н

Is Claimant a …(choose only one yes answer) Veteran? Yes No

Surviving Spouse or Dependent Child? Yes No Parent, or a Person Who Stood in as the Parent, of a Veteran Who Died Service Connected? Yes No

A Child Born of a Vietnam or Korean Service Veteran Born with Disability? Yes No

Someone, or a Relative of Someone, Who Filed a Claim Related to a Vietnam VeteranWho had (or Died of) Parkinson's Disease, Ischemic Heart Condition, or B-CellLeukemia and Who had That Claim Denied? Yes No

Veteran's Question Page

Does Veteran Wish to File for Non-Service Connected (NSC) Pension Benefits? Does Veteran Wish to File a New Claim for Service Connected (SC) Compensation Benefits? Does Veteran Wish to File for an Addition to His/Her Current SC Compensation Benefit? Does Veteran Wish to File for Health Benefits Through the Veterans Health Administration? Does Veteran Have Miscellaneous Issues Related to His/Her Claim? Does Veteran Wish to Respond to VA Correspondence After Claim Has been Filed? Does Veteran Wish to File a Notice of Disagreement (NOD) Related to a VA Decision OR Request a Waiver of a Debt? Does Veteran Wish to Apply for Missing Discharge Papers or Have Discharge Status Change? Does Veteran Wish to File the Mandatory Yearly Eligibility Verification Report (EVR)? Has Veteran Died?

Does Veteran Wish to File a Service Connected (SC) Compensation Claim Related to an Injuryor Condition Caused by Care Given by the VHA?

Did the Veteran Serve in Vietnam or on the Korean DMZ Anytime from January 9, 1962 throughMay 7, 1975 and Did the Veteran Have a Previous Claim for Parkinson's Disease, Ischemic HeartDisease, or B-Cell Leukemia Denied?

Veteran Filing for Non-Service Connected (NSC) Pension Benefits

Click Here to Review Criteria for Eligibility for NSC Pension Benefits

Click Here for Pre-Qualification Section with Preliminary Formulas to Estimate Pension Amount

Click Here to Review 2011 NSC Maximum Pension Rates

Click Here to Go to Table of Contents for Forms Related to Filing for NSC Pension Benefits

Click Here if Veteran is Incompetent and Unable to Manage His/Her Money

Click Here if Married Incompetent Veteran with Competent Spouse

Click Here if Veteran is Blind, Illiterate, or Unable to Sign Forms

Click Here if Veteran is Terminally Ill

VisProMenus

VA FORMAUG 2004 21-4138

O Approved No. 2900-0075Respondent Burden: 15 minutes

EXISTING STOCKS OF VA FORM 21 4138,JUN 2000, WILL BE USED

SOCIAL SECURITY NO.

STATEMENT IN SUPPORT OF CLAIM

VA FILE NO.

C/CSS

FIRST NAME MIDDLE NAME LAST NAME OF VETERAN (Type or print)

The following statement is made in connection with a claim for benefits in the case of the above named veteran:

I CERTIFY THAT the statements on this form are true and correct to the best of my knowledge and belief.SIGNATURE DATE SIGNED

ADDRESS DAYTIME EVENING

TELEPHONE NUMBERS (Include Area Code)

PENALTY: The law provides severe penalties which include fine or imprisonment, or both, for the willful submission of any statement or evidence of a material fact,knowing it to be false.

PRIVACY ACT INFORMATION: The VA will not disclose information collected on this form to any source other than what has been authorized under the Privacy Act of 1974 or Title 38,Code of Federal Regulations 1.576 for routine uses (i.e., civil or criminal law enforcement, congressional communications, epidemiological or research studies, the collection of money owed tothe United States, litigation in which the United States is a party or has an interest, the administration of VA Programs and delivery of VA benefits, verification of identity and status, andpersonnel administration) as identified in the VA system of records, 58VA21/22, Compensation, Pension, Education and Rehabilitation Records - VA, published in the Federal Register. Yourobligation to respond is required to obtain or retain benefits. VA uses your SSN to identify your claim file. Providing your SSN will help ensure that your records are properly associated withyour claim file. Giving us your SSN account information is voluntary. Refusal to provide your SSN by itself will not result in the denial of benefits. The VA will not deny an individual benefitsfor refusing to provide his or her SSN unless the disclosure of the SSN is required by Federal Statute of law in effect prior to January 1, 1975, and still in effect. The requested information isconsidered relevant and necessary to determine maximum benefits under the law. The responses you submit are considered confidential (38 U.S.C. 5701). Information submitted is subject toverification through computer matching programs with other agencies.RESPONDENT BURDEN: We need this information to obtain evidence in support of your claim for benefits (38 U.S.C. 501(a) and (b)). Title 38, United States Code, allows us to ask for thisinformation. We estimate that you will need an average of 15 minutes to review the instructions, find the information, and complete this form. VA cannot conduct or sponsor a collection ofinformation unless a valid OMB control number is displayed. You are not required to respond to a collection of information if this number is not displayed. Valid OMB control numbers can belocated on the OMB Internet Page at www.whitehouse.gov/omb/library/OMBINV.html#VA. If desired, you can call 1-800-827-1000 to get information on where to send comments orsuggestions about this form.

I understand that you have received medical evidence that indicates that I may be unable to handle my funds.

I further understand that you cannot make direct payments to persons who are unable to handle their funds. If you determine that I am unable to handle my funds, my benefits will be paid to so meone you appoint who would receive my benefits and use them for my support.

I understand that under the provisions of 18 USC 922g(g) and PL l03-l59, the Brady Handgun Violence Protection Act, as implemented by the Bureau of Alcohol, Tobacco and Firearms Regulation 27 CFR, Part l7, that if I am found by the DVA to be incompetent to contract or handle my VA affairs that I will be permanently prohibited from purchasing or redeeming firearms.

I also know that I have the right to submit evidence to show why you should not determine that I am unable to handle my funds and that I am entitled to a personal hearing to present evidence or argument about my ability to handle my funds. I may bring witnesses if I desire, and their testimony will be entered in the record. You will furnish the hearing room , provide a Hearing Officer and prepare a transcript or summary of the proceedings. VA cannot pay any other expenses of the hearing since a personal hearing is held only upon my request.

I understand that I may be represented, without charge, by an accredited representative of a veteran’s organization or other service organization recognized by the Secretary of Veterans Affairs. I may also be represented by an attorney , for exam ple, an attorney in private pr actice or a legal aid attorney. However, under 38 U.S.C. 5904(c), an agent or attorney may only charge me for servi ces performed on or after the date of a final decision by the Board of Veterans Appeals.

Having stated that I understand all my rights to due process, I waive m y rights to a hearing. I have no further evidence to submit and I request that y ou make y our decision concerning my ability to handle my funds without delay. If I am found to be unable to handle m y funds, I request you appoint a fiduciary to assist m e. I request that the following person be appointed to handle my funds:

Name:

Address:

Relationship: Phone:

Numbered Forms from VA and DOD

10-10d, Application for CHAMPVA Benefits

10-10EC, Application for Extended Care Services

10-10EZ Cover Page - VSO-8, Medical Treatment Plan (Fee Basis Card)

10-10EZ, Application for Health Benefits for Veteran

10-10EZR, Health Benefits Renewal Form

10-2478, Veteran Request for Refill of Medications and/or Medical Supplies

10-5345, Request for and Authorization to Release Medical Records or Health Information

10-5345a, Individual’s Request for a Copy of Their Own Health Information

10-7959c, CHAMPVA Other Health Insurance (OHI) Certification and Renewal/Update Form

20-572, Request for Change of Address/Cancellation of Direct Deposit

21-0510, Eligibility Verification Report (EVR) Instructions

21-0514-1, EVR for Parent in Receipt of DIC

21-0516-1, EVR for Veteran with No Children

21-0517-1, EVR for Veteran with Children

21-0518-1, EVR for Surviving Spouse with No Children

21-0519C-1, EVR for Child or Children

21-0519S-1, EVR for Surviving Spouse with Children

21-0571, Application for Exclusion of Children’s Income

21-0779, Request for Nursing Home Information in Connection with Claim for Aid and Attendance

21-0845, Authorization to Disclose Personal Information to a Third Party

21-2008, Application for United States Flag for Burial Purposes

21-22, Appointment of Veteran’s Service Organization as Claimant’s Representative

21-22a, Appointment of Attorney, Agent, or Individual as Claimant’s Representative

21-2680, Examination for Housebound Status or Permanent Need for Aid and Attendance

21-4142, Authorization and Consent to Release Information to the VA (Non-Service Connected Pension)

21-4142, Authorization and Consent to Release Information to the VA (Service Connected Compensation)

21-4165, Pension Claim Questionnaire for Farm Income

21-4170, Statement of Marital Relationship (Common Law Marriages)

21-4171, Supporting Statement Regarding Marriage (Third Party Affidavit)

21-4185, Report of Income from Property or Business

21-4192, Request for Employment Information in Connection with Claim for Veteran’s Service Connected Disability Benefits

21-509, Statement of Dependency of Parents for Veteran’s Service Connected Claim

21-524, Statement of Person Claiming to Have Stood in Relation of Parent

21-526, Application for Veteran Filing for Non Service Connected Pension

Scenario Categories (Choose One)

VA Laws (C.F.R. and U.S.C.) Description of Law Section Number Benefits Due and Unpaid Upon Death 38 C.F.R. § 3.1000 Discharges 38 C.F.R. § 3.12 Informal Award Date Requests 38 C.F.R. § 3.155 Payment of Burial Benefits 38 C.F.R. § 3.1600 Claims of Evidence for Burial Benefits 38 C.F.R. § 3.1601 War Periods 38 C.F.R. § 3.2 Supporting Evidence Concerning Marriage 38 C.F.R. § 3.204 Previous Marriages 38 C.F.R. § 3.205 Income 38 C.F.R. § 3.261 Insurance Income 38 C.F.R. § 3.262 Countable Income 38 C.F.R. § 3.271 Exclusions from Income 38 C.F.R. § 3.272 Net Worth 38 C.F.R. § 3.275 Rounding 38 C.F.R. § 3.29 Qualifying Tours of Duty 38 C.F.R. §3.3 Post Traumatic Stress Disorder (PSTD) 38 C.F.R. §3.304 Service Connected Gulf War Disabilities 38 C.F.R. § 3.317 ALS as a Presumptive Condition 38 C.F.R. § 3.318 Increase in 100% SC Benefits 38 C.F.R. § 3.350 Qualifying Requirements for Pension plus Housebound and/or A&A Benefits 38 C.F.R. § 3.351 Incompetency 38 C.F.R. § 3.353 Earlier Award Dates 38 C.F.R. § 3.400 Separation Due to Fault of Veteran and Continuous Cohabitation 38 C.F.R. § 3.53 & 38 C.F.R. § 3.50 Remarriage 38 C.F.R. § 3.55 Dependent Children 38 C.F.R. § 3.57 Definition of a Parent 38 C.F.R. § 3.59 Acceptable Services 38 C.F.R. § 3.7 Children with Spina Bifida 38 C.F.R. § 3.814 Children with Other Birth Defects Born of Mothers who Served in Vietnam or on the Korean DMZ During the Conflict 38 C.F.R. § 3.815 Nehmer and Vietnam Retroactive Benefits 38 C.F.R. § 3.816 Fraud/Giving False Statements to Government 38 C.F.R. § 3.901 Supervision of Fiduciaries 38 C.F.R. § 13.100 Payment to Wife or Husband of Incompetent Veteran 38 C.F.R. § 13.57 Accreditation and Representation 38 C.F.R. § 14.627 Permission for Non-Accredited Individual to Act as a Claimant's Representative 38 C.F.R. § 14.630

Charging Fees 38 C.F.R. § 14.636 Injury or Condition Caused by VHA 38 U.S.C. 1151 Insurance 38 U.S.C. 1503 Accrued Benefits 38 U.S.C. § 5121(a) Waiver of Debt 38 U.S.C. § 5302 Correction of Military Records Title 10, U.S.C. Part II, Chapter 79, Section 1552 Law for Eligibility for Headstones and Markers

Power of Attorney; Disclosure of Claimant Information 38 C.F.R. § 14.631

§ 3.271 Computation of income.

(a) General. Payments of any kind from any source shall be counted as income during the 12-month annualization period in which received unless specifically excluded under §3.272.

(Authority: 38 U.S.C. 501)

(1) Recurring income. Recurring income means income which is received or anticipated in equal amounts and at regular intervals (e.g., weekly, monthly, quarterly, etc.), and which will continue throughout an entire 12-month annualization period. The amount of recurring income for pension purposes will be the amount received or anticipated during a 12-month annualization period. Recurring income which terminates prior to being counted for at least one full 12-month annualization period will be treated as nonrecurring income for computation purposes.

(2) Irregular income. Irregular income means income which is received or anticipated during a 12-month annualization period, but which is received in unequal amounts or at irregular intervals. The amount of irregular income for pension purposes will be the amount received or anticipated during a 12-month annualization period following initial receipt of such income.

(3) Nonrecurring income. Nonrecurring income means income received or anticipated on a one-time basis during a 12-month annualization period (e.g., an inheritance). Pension computations of income will include nonrecurring income for a full 12-month annualization period following receipt of the income.

(b) Salary. Salary means the gross amount of a person's earnings or wages before any deductions are made for such things as taxes, insurance, retirement plans, social security, etc.

(c) Business, farm or professional income. (1) This includes gross income from a business, farm or profession as reduced by the necessary operating expenses such as cost of goods sold, or expenditures for rent, taxes, and upkeep, or costs of repairs or replacements. The value of an increase in stock inventory of a business is not considered income.

(2) Depreciation is not a deductible expense.

(3) A loss sustained in operating a business, profession, farm, or from investments, may not be deducted from income derived from any other source.

(d) Income from property. Income from real or personal property is countable as income of the property's owner. The terms of a recorded deed or other evidence of title shall constitute evidence of ownership. This includes property acquired through purchase, gift, devise, or descent. If property is owned jointly, income of the various owners shall be determined in proportion to shares of ownership of the property. The owner's shares of income held in partnership shall be determined on the basis of the facts found.

(e) Installments. Income shall be determined by the total amount received or anticipated during a 12-month annualization period.

(Authority: 38 U.S.C. 501)

[Code of Federal Regulations] [Title 38, Volume 1, Parts 0 to 17] [Revised as of July 1, 1998] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR3.29] [Page 162] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 3--ADJUDICATION--Table of Contents Subpart A--Pension, Compensation, and Dependency and Indemnity Compensation Sec. 3.29 Rounding. (a) Annual rates. Where the computation of an increase in improved pension rates under Secs. 3.23 and 3.24 would otherwise result in a figure which includes a fraction of a dollar, the benefit rate will be adjusted to the next higher dollar amount. This method of computation will also apply to increases in old-law and section 306 pension annual income limitations under Sec. 3.26, including the income of a spouse which is excluded from a veteran's countable income, and parents' dependency and indemnity compensation benefit rates and annual income limitations under Sec. 3.25. (Authority: 38 U.S.C. 5312(c)(2)) (b) Monthly or other periodic pension rates. After determining the monthly or other periodic rate of improved pension under Secs. 3.273 and 3.30 or the rate payable under section 306(a) of Pub. L. 95-588 (92 Stat. 2508), the resulting rate, if not a multiple of one dollar, will be rounded down to the nearest whole dollar amount. The provisions of this paragraph apply with respect to amounts of pension payable for periods beginning on or after June 1, 1983, under the provisions of 38 U.S.C. 1521, 1541 or 1542, or under section 306(a) of Pub. L. 95-588. (Authority: 38 U.S.C. 5123) [48 FR 34471, July 29, 1983]

38 C.F.R. § 3.112 Fractions of one cent

In all cases where the amount to be paid under any award involves a fraction of a cent, the fractional part will be excluded.

[26 FR 1570, Feb. 24, 1961]

38 C.F.R. § 3.353 Determinations of incompetency and competency.

(a) Definition of mental incompetency. A mentally incompetent person is one who because of injury or disease lacks the mental capacity to contract or to manage his or her own affairs, including disbursement of funds without limitation.

(b) Authority. (1) Rating agencies have sole authority to make official determinations of competency and incompetency for purposes of: insurance (38 U.S.C. 1922), and, subject to §13.56 of this chapter, disbursement of benefits. Such determinations are final and binding on field stations for these purposes.

(2) Where the beneficiary is rated incompetent, the Veterans Service Center Manager will develop information as to the beneficiary's social, economic and industrial adjustment; appoint (or recommend appointment of) a fiduciary as provided in §13.55 of this chapter; select a method of disbursing payment as provided in §13.56 of this chapter, or in the case of a married beneficiary, appoint the beneficiary's spouse to receive payments as provided in §13.57 of this chapter; and authorize disbursement of the benefit.

(3) If in the course of fulfilling the responsibilities assigned in paragraph (b)(2) the Veterans Service Center Manager develops evidence indicating that the beneficiary may be capable of administering the funds payable without limitation, he or she will refer that evidence to the rating agency with a statement as to his or her findings. The rating agency will consider this evidence, together with all other evidence of record, to determine whether its prior determination of incompetency should remain in effect. Reexamination may be requested as provided in §3.327(a) if necessary to properly evaluate the beneficiary's mental capacity to contract or manage his or her own affairs.

(c) Medical opinion. Unless the medical evidence is clear, convincing and leaves no doubt as to the person's incompetency, the rating agency will make no determination of incompetency without a definite expression regarding the question by the responsible medical authorities. Considerations of medical opinions will be in accordance with the principles in paragraph (a) of this section. Determinations relative to incompetency should be based upon all evidence of record and there should be a consistent relationship between the percentage of disability, facts relating to commitment or hospitalization and the holding of incompetency.

(d) Presumption in favor of competency. Where reasonable doubt arises regarding a beneficiary's mental capacity to contract or to manage his or her own affairs, including the disbursement of funds without limitation, such doubt will be resolved in favor of competency (see §3.102 on reasonable doubt).

(e) Due process. Whenever it is proposed to make an incompetency determination, the beneficiary will be notified of the proposed action and of the right to a hearing as provided in §3.103. Such notice is not necessary if the beneficiary has been declared incompetent by a court of competent jurisdiction or if a guardian has been appointed for the beneficiary based upon a court finding of incompetency. If a hearing is requested it must be held prior to a rating decision of incompetency. Failure or refusal of the beneficiary after proper notice to request or cooperate in such a hearing will not preclude a rating decision based on the evidence of record.

(Authority: 38 U.S.C. 501(a))

38 C.F.R. §14.630 - Authorization for a particular claim. (a) Any person may be authorized to prepare, present, and prosecute one claim. A proper power of attorney, and a statement signed by the person and the claimant that no compensation will be charged or paid for the services, shall be filed with the office where the claim is presented. A signed writing, which may be in letter form, identifying the claimant and the type of benefit or relief sought, specifically authorizing a named individual to act as the claimant's representative, and further authorizing direct access to records pertinent to the claim, will be accepted as a power of attorney. (b) Representation may be provided by an individual pursuant to this section one time only. An exception to this limitation may be granted by the General Counsel in unusual circumstances. Among the factors which may be considered in determining whether an exception will be granted are: (1) The number of accredited representatives and claims agents operating in the claimant's geographic region; (2) Whether the claimant has unsuccessfully sought representation from other sources; (3) The nature and status of the claim; and (4) Whether there exists unique circumstances which would render alternative representation inadequate. (Authority: 38 U.S.C. 501(a), 5903) [68 FR 8546, Feb. 24, 2003]

M21-1MR, Part V, Subpart i, Chapter 3, Section D

h. Deducting Fees for In-Home Attendants

Use the following table to determine when to allow a medical expense deduction for an in-home attendant who is actually being paid to care for a disabled person. Notes: • Do not allow for a deduction if the attendant provides free services. • Receipts or other documentation of this medical expense is required. For

additional information, see M21-1MR, Part V, Subpart i.3.D.13.i.

If an in-home attendant is caring for a disabled person who ...

Then allow for a deduction for the wages ...

has been rated housebound or in need of A&A by the Department of Veterans Affairs (VA)

of the in-home attendant, even if the attendant is not a licensed health professional. Note: A family member may be considered an in-home attendant only if he/she is actually being paid. Documentation must be submitted.

is not rated housebound or in need of A&A by VA

of the in-home attendant only if the attendant is a licensed health professional. Reference: For more information on deductible medical expenses, see M21-1MR, Part V, Subpart iii, 1.G.43.

i. Documentation of In-Home Attendant Fees

If the fees for an in-home attendant are an allowable expense, receipts or other documentation of this expense are required. Documentation includes • a receipt bill • statement on the provider’s letterhead • computer summary • ledger, or • bank statement. The evidence submitted must include • the amount paid • the date payment was made • the purpose of the payment (the nature of the product or service provided) • the name of the person to or for whom the product or service was provided • identification of the provider to whom payment was made.

M21-1MR, Part V, Subpart iii, Chapter 1, Section G

d. In-Home Attendants for a Disabled Person Rated A&A or Housebound

If VA has rated the disabled person (beneficiary or veteran’s spouse if the veteran is dually entitled to compensation of at least 30 percent) entitled to A&A or Housebound, allow all fees paid to an in-home attendant as long as the attendant provides medical or nursing services for the disabled person. The attendant does not have to be a licensed health professional. Notes: • Examples of medical services are physical therapy, administration of

injections, placement of indwelling catheters, and the changing of sterile dressings.

• Examples of nursing services are assisting an individual with bathing, dressing, feeding him/herself, and other activities of daily living.

All reasonable fees paid to the individual for personal care of the disabled person and maintenance of the disabled person’s immediate environment may be allowed. This includes such services as cooking for the disabled person and housecleaning for the disabled person. It is not necessary to distinguish between medical and nonmedical services. However, services which are beyond the scope of personal care of the disabled person and maintenance of the disabled person’s immediate environment may not be allowed. Example: A veteran is rated in need of A&A by VA. The veteran pays an attendant to administer medication and provide for the veteran’s personal needs. The attendant also cooks the veteran’s meals and cleans house. Allow the entire amount paid to the attendant as a deductible medical expense. It makes no difference whether the attendant is a licensed health professional. Note: Allow all expenses paid to an in-home attendant during the calendar year in which a beneficiary is determined to be in need of A&A, regardless of the effective date of the rating decision.

e. In-Home Attendants for a Disabled Person Not Rated A&A or Housebound

If VA has not rated the disabled person as entitled to A&A or Housebound, or if there is no evidence of record that a licensed physician has stated that a dependent or other relative requires an in-home care attendant, allow expenses paid to an in-home attendant only if the attendant is a licensed health professional. If the disabled person is a child, a helpless spouse of a veteran who is not dually entitled to compensation of at least 30 percent, or other relative for whom VA may deduct medical expenses, then VA may accept a physician’s statement that the relative requires the level of medical or nursing care provided by the in-home attendant to allow all fees paid, regardless of whether the attendant is licensed or not. All reasonable fees paid to the licensed health professional for personal care of the disabled person and maintenance of the disabled person’s immediate environment may be allowed. This includes such services as cooking and housecleaning for the disabled person. It is not necessary to distinguish between medical and nonmedical services. However, services that are beyond the scope of personal care of the disabled person and maintenance of the disabled person’s immediate environment may not be allowed. Example: A veteran who is not rated in need of A&A or Housebound benefits, hires an LVN (who is licensed by the State) as an in-home attendant. The LVN administers medication and provides for the veteran’s personal needs. The LVN also cooks for the veteran, handles the veteran’s financial affairs (pays bills, files tax returns, and so on), and drives the veteran’s child to school each day. The bookkeeper and chauffeur services are beyond the scope of the medical expense deduction. The Veterans Service Representative (VSR) must apportion the value of these services and the value of the services that may be considered for purposes of the medical expense deduction. If it is determined that 50 percent of the LVN’s time is spent on activities that are beyond the scope of the medical expense deduction, allow 50 percent of the fees paid to the attendant.

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration Washington, D.C. 20420

October 16, 2009 Director (00/21) Fast Letter: 09-41 VA Regional Offices and Centers SUBJ: Revised Procedures for Releasing Monthly Benefits with Proposal of Incompetency Purpose This letter provides revised procedures for the release of monthly benefits to a beneficiary when incompetency has been proposed.

Background Historically, VA has withheld benefits payable to a beneficiary while competency is considered, and during the period required to appoint a fiduciary. This practice is consistent with M21-1MR, III.v.9.B. Revised Procedures Effective immediately, all monthly and recurring benefits will be released upon the promulgation of an original award, a reinstated award, or an award for increased benefits. These benefits will be paid notwithstanding the expiration of due process for the determination of incompetency, or the period pending an appointment of a fiduciary. The release of monthly benefits will be precluded only when misuse of the beneficiary’s funds is evident. For those awards controlled by EP 600 on the date of this Fast Letter, action will be taken to release monthly benefits at the expiration of due process, and before the initiation of EP 290. No retroactive benefits may be released until the issue of incompetency has been resolved. If the proposal of incompetency is not upheld by final rating decision, any retroactive benefits due will be released to the beneficiary. However, if the rating activity confirms the proposed rating of incompetency, retroactive benefits may not be released until VA Form 21-555, Certificate of Legal Capacity to Receive and Disburse Benefits, has been certified by the Veterans Service Center Manager or designee.

Page 2. SUBJ: Revised Procedures for Releasing Monthly Benefits with Proposal of Incompetency Procedures contained in M21-1MR, III.v.9 regarding awards in incompetency cases will be updated accordingly. If You Have Questions Please submit questions concerning this fast letter to VAVBAWAS/CO/212A.

/S/

Bradley G. Mayes Director Compensation & Pension Service