Barron Law Firm
Frequently Asked Questions and Answers
Do I Have to be Already Living in an Assisted Living Community Before I Apply?
- No, it is not necessary to be living in assisted living in order to apply for VA benefits; however, if you are in need of personal assistance, the entire cost of assisted living helps to qualify you for benefits, but you must be a current resident to submit these expenses as a deduction off income.
Who Can Help Me Fill Out the Forms?
- Any private individual may assist with completing the forms; however, this individual is allowed to assist ONLY one person. A VA accredited Agent, such as your local State Veterans Office, VFW, or American Legion may help you, as well as any Attorney. NO-ONE may charge you for helping you prepare or present the VA application forms, but you should be sure that the person understands VA.
What are the Advantages of Having an Attorney Assist Me?
- An attorney may assist you with much more than just the VA application, such as making sure that all of your assets are in order to help prevent a denial of your claim and with other paperwork that might be needed to help prove your claim. In addition, the attorney must be certified through the VA and as such, can represent you before the VA if your claim is denied or if the award is incorrect.
How Long Does It Take to Find Out if I am Eligible?
- An attorney should be able to give you an idea of your qualification within thirty minutes; however, in order to be absolutely certain that you qualify, the attorney would need to review all of you financial, personal, military, and medical records.
How Long Does It Take for Me to Get My First Check?
- Once an application is turned into the VA, it can take anywhere from five to eight months on average to get your check if you are approved for benefits. If you have dementia or other memory loss issues, the VA will insist on meeting you and a family member before sending you a check, so your claim may take six to twelve months to settle.
Does the Money Come to Me or Straight to the Assisted Living Facility?
- All benefits are paid to the claimant and not to any facility.
Can I Have It Wired Directly Into My Bank Account?
- Yes, the VA actually prefers to have all checks directly deposited into a bank account. If you have memory loss issues, the VA will insist on a direct deposit.
Is It Retroactive Back to When I First Applied or Does It Start the Day/Month I Get Approved?
- Benefits are retroactive from the first day of the next month after the VA receives your application OR your first notice that you are filing an application. An attorney can help you preserve this Informal Award Date.
In order for the benefits to be retroactive, you must live at least thirty-one days from the date that the VA received your application or Informal Request. In addition: if you are filing an Informal Request, you must be alive when the rest of the application is submitted and you have one year from the date of the Request to get the rest of your application into the VA.
For more information please go to our web site at
or go to
and sign up for our FREE e-mail course on Veterans Aid & Attendance.