VA vs IRS

Posted on

Sep 29, 2021

To learn more aboutSenior Care Associates - VA Aid & Attendance Specialists Nationwide,CLICK HERE.
As thebacklogged number of unprocessed VA claimsis knocking on the door of 1 Million, one has to wonder is anybody really at home. Is anyone really trying to find the solution of how to fix and bring this broken agency up to the standards our veterans and their families deserve?

I had high hopes for the new VA administration, but to date, have not been impressed. Every day there is yet another story about a Regional Office that hasbeen caught shreddingand changing dates on applications, or boxes of unopened applications are being discovered. There are not enough fingers to cover the holes in this dam.
If the IRS was having this issue with collecting taxes from We the People, I can promise you that this would have been resolved and systems put into place to make certain it would never happen again. Of this you can be certain, the IRS would not stand by and have 1 million tax returns waiting to be processed.
So here is my take on all this and a couple of questions that I believe bear asking.
I think the VA needs to take a crash course in how the IRS does things. These folks dont lose tax returns they keep up with every dime you make. You can file on-line, they know if you havent filed, and if you are owed a refund, you can expect it in 30-45 days. If you owe money and dont pay, you are assessed a penalty and will pay dearly for that. Big incentive for making sure you allot the right amount of deductions. Most of us hope to never know what an audit notification looks like.
If your taxes are complicated or more than you want to deal with, you can make an appointment with the fine folks at H&R Block or your personal accountant and pay someone to prepare them for you.
Now here is where I take issue. How is it that you can legally seek the expertise of someone who understands complicated tax laws, forms, and all the legitimate deductions and credits you are entitled to just to make certain that the IRS gets a full accounting of your finances and their piece of your pie, but veterans and their families legally are restricted from any assistance attached with a fee and are left to figure it out on their own.
Two government agencies, two different approaches, two different agendas.
It is legal to make sure you pay your taxes, but illegal to make certain your claim for benefits is correct and complete in order to receive your entitlements. Interesting that there should be such a stark contrast between the two and who actually benefits from this arrangement.
Decades ago the VA instituted a law that an attorney could not charge a veteran more than $10.00 for representing him. This was done to protect the veteran from being taken advantage of by those who would be so inclined to do so.
So one might have to ask, who is truthfully exploiting and taking advantage of our veterans and their families? Considering some recent actions on the part of the VA, the answer to this question may not be what youd expect.
The application for Improved Pension was originally a 4-page, simple straight forward application. Due to the benefit being highlighted and the rise in the number of applications being submitted, the VA decided it was time to increase it to a 26-page application, and write it so that you probably wont figure it out increasing the odds they wont have to pay or at the very least delay having to pay.
While the benefit sat idle and unused, 4 pages seemed to make perfect sense. Now thatBaby Boomersare our largest demographic and the VA is being flooded with applications forAid and Attendance, whose best interest is it in that the process should suddenly become so much more complicated? The veteran is not who first comes to mind as to who stands to gain the most from this change. It seems a little suspect as to the true motivation for having done so. Is the VA once again protecting the veteran?
If you dont get it right the first time, you should not feel too badly about it as the national rate of applications being returned to the originating VA regional and local offices as being incomplete or missing documentation is 46%.
I wonder if these same employees who failed VA Open Book tests could find permanent employment with the IRS. I suspect that performance standards are probably just a little higher. Millions of taxpayers monies going uncollected not going to happen, but it is ok for a million veterans to be waiting on the VA to get it right. There is something incredibly wrong with this scenario.
The VA continues to operate off an antiquatedFiduciaryprocess refusing to acknowledgePOA or DPOA. The IRS acknowledgesPOA. Your mom or dad might have some investments that pay dividends, so there may be some monies to be collected, so for the sake of efficiency they will gladly work with you to assure a proper return has been filed.
The VAs refusal to respond to the demands of accepting POA and doing away with the fiduciary process is once again done in the name of protecting the veteran. According to the VA they have to make certain that the family member or other interested party who holds POA cant take advantage of the veteran or widow and have access to the pension money to spend at their discretion such as purchasing Depends or Ensure.
Im sure that somewhere there is someone who absconded with funds they were not entitled to and did in fact take advantage of a veteran, but Im willing to wager a guess that most who are providing care for a loved one have spent the check out of their own pocket long before it is received.
It is the lesser of two evils. On one hand you have the family member who is taking advantage of the veteran or widow by writing a check every month to the ALF or caregiver hoping they will have enough to pay it as credit cards are maxed out and all funds have been depleted while waiting to be approved as a fiduciary.
On the other hand you have the VA who wants to take months to arrange for a fiduciary to be appointed without much care as to how you will pay for everything pending their approval. In the meantime if you have to move your loved one to a lesser quality facility due to costs, or arrange to bring them in-home and provide the care yourself, keep in mind the VA is only doing their job and protecting the veteran or widow.
So if the veteran is doing without basic essentials and is living in conditions that are not healthy or services being provided are not adequate even though they are entitled to the pension which would allow for better care and services, who is really taking advantage of the veteran?
All of this protecting has created an opportunity for many individuals and companies to Carpe Diem Seize the Moment and many of these folks, but not all, have found a way to use filing for this pension as a revenue generator, and doing so under the guise of reaching out to veterans and their families at no cost for their assistance to make application, but it sure helps if mom and dad need someone to manage their investments and move them around so they will qualify for the pension from a financial standpoint.
Seminars are being held daily nationwide at $500.00 a session to learn how you too can use this pension to recruit new business and increase your sales. Dont overlook the kids who are taking care of mom and dad, they will be so grateful for your assistance they will want you to manage their assets as well. While you are at it, sell some annuities.
What most dont realize is that by moving things around to a trust or annuity can often mean that when mom or dad need that money to continue paying for their care, they wont have access to it. It will sit in that trust until they die and the beneficiaries get it.
For those who are fortunate enough to have assets that need protecting, these services are valid, but for those who go into this situation strictly based on wanting to file for this pension, you need to educate yourself on whether this is truly in your best interest in the long run.
Again this frenzy of businesses using this pension to get in the hen house is largely due to the fact that the VA has created a need for these services due to the lack of information, the lack of trained employees well versed in Improved Pension, taking a simple application and turning it into more than it needs to be. If it was as originally designed a simple 4- page application based on meeting the need for assistance and financial guidelines, there would not be a need nor an opportunity for those who use this as a calling card.
As a result, the VA has responded by now sending out an additional form to those who submit an application that they have to sign stating that neither they nor the veteran have paid anyone for any type of assistance in completing the application. The application will not be processed until this form has been returned.
So in the name of protecting the veteran, which in my opinion translates to denying the veteran, there is yet another hurdle to jump through.
Rather an unfair dynamic that the VA has its attorneys and council, but a veteran is not entitled to any representation upon making an initial application for any benefit or compensation. They are only entitled to representation if they are appealing a decision on their claim while the IRS wants to make sure you get it right the first time.
Of the two, which do you think is more efficient?
There are more of us that file income tax returns than there are veterans/widows filing for benefits, so how is it that the IRS can receive and process a higher volume of paper so seamlessly while the VA claims they never received the application even though you have a signed Registered Return Receipt proving that they did?
If you posed the question of why the IRS created the EZ form while the VA took an easy form and turned it into 26 pages, it really is self explanatory. One wants your money and the other hedges their bets they can keep their money.
This mindset is nothing new. For insight as to how long this treatment and mentality has been permitted and promoted, one need look no further than what was done to the Bonus Army when our veterans marched into Washington in 1932 demanding what had been promised. Not much has changed in 77 years. Do yourself a favor and Google Bonus Army. Youll be enlightened for having done so.
I know there are a lot of good hardworking people at the VA and local offices who have the right intent, but they are only acting under the directives they have been given. What I want to know is who signs the memo authorizing these practices.
When bonuses hinge on giving a veteran the lowest possible disability rating rather than the rating they deserve, Im hard pressed to believe that this qualifies as acting in the veterans best interest. Make no mistake here, there is a vested interest, but somewhere along the way the interest got shifted to self serving.
Like solving any other mystery follow the money.
Until such time that the VA can get its house in order, I think the individuals who do nothing but help file for Improved Pension and have no hidden agenda or want to sell you anything, should have the right to provide the same assistance as your accountant does. Most of these well intended folks have to stay behind closed doors for fear of retribution by the VA for actually helping a veteran make a correct application.
The VA will argue that the veteran is entitled to assistance with filing for free, but when the SO of the office you walk into knows nothing about the pension, or says you dont qualify, when actually you do, free comes at a pretty hefty price.
Yes these folks (the good ones) who work secretly behind the scenes helping veterans and their families should be able to charge a modest fee for their expertise and assistance, but the VA will never sanction anything of the likes, they have too much to lose.
There would be too many applications to approve with no reason to deny them. There are budgets to be justified, bonuses to be earned, and credits for getting a Service Organization assigned as Claimants Representative rather than the family member so that you cant call and inquire about the status of the claim. The SO isnt paying the monthly bill so they wont have much motivation to follow up and press for a ruling or approval. And lastly they are busy making sure that no one other than them can take advantage of a veteran or widow.
The IRS has a few free months before it is tax season again. Maybe they can step in and show the VA how to get the job done. Better yet, instead of employees getting bonuses for the highest number of denied applications or lowest disability ratings given, how about an imposed penalty with incurring interest for any application that takes longer than 90 days to process!

Other Articles You May Like

We are a Veteran-Owned Business Proud to Serve our Community

Veteran-owned HomeWell puts veterans first, offering exceptional in-home care that honors their service and values.As veterans, we understand the importance of protecting the well-being of others. Our service-driven approach is rooted in the values of perseverance, respect, dignity and honor as we aid families in need, support fellow veterans and help our community thrive through exceptional in-home care services. Committed to providing you with the peaceful retirement youve earned.The retirement years of those who have served should be marked by dignity, comfort and belonging. However, for veterans whose years of service are etched with valor and sacrifice, life as a citizen can prove challenging. Depending on their experiences, the transition to normalcy and everyday life can be a long-term endeavorone that continues well into their senior years.At HomeWell, weve found that the comfort of home can make all the difference for our esteemed soldiers who seek to age gracefully. For these individuals, maintaining autonomy is not just a preference; its a testament to the resilience that defines them. By bringing care directly to their doorstep, senior veterans can enjoy the familiarity of their own space while receiving the individualized care they need. Our role in veterans care:Our service-driven approach is rooted in the values of perseverance, respect, dignity and honor as we support veterans and their families, ultimately helping our community thrive through exceptional in-home care services. We thoughtfully consider the individual needs of each veteran entrusted to our care to develop a highly personalized plan that takes into account their physical, mental and emotional well-being at home.We also extend a helping hand to veterans and their families as they navigate their finances. We understand that paying out of pocket often hinders them from pursuing non-medical home care. However, if your loved one is enrolled in health care from the Department of Veterans Affairs (VA) or has a monthly VA pension, they may be eligible to receive coverage for assistance with activities of daily living (ADL) at HomeWell.  If you or an aging loved one are considering Veterans Care in Plano, TX, contact the caring staff at HomeWell Care Services Plano TX  today. Call (469) 596-6500HomeWell Care Services Plano TX is a Trusted Home Care Agency serving Plano, Allen, McKinney, Frisco, Richardson, Garland, Little Elm, Prosper, and the surrounding areas.

Top 5 Questions A Certified Medicaid Planner Encounters: Insights for Healthcare Pros and Caregivers

Hello, allow us to introduce ourselves! We are Beneficent, and we provide trustworthy long-term care guidance for deeply caring family members facing a critical long-term care financial crisis.Beneficent helps clients understand, prepare, and qualify for programs covering high costs of Long-term Care including assisted living, adult day care, home care, or skilled nursing homes for seniors and disabled adults.As Certified Medicaid Planers Read our Top 5 questions we hear most.Must I spend down to $2,000 to apply for long-term care Medicaid? No, reducing your assets to $2,000 is not the only route to qualify for Long-term Care Medicaid if your income exceeds the limits. By leveraging legal strategies within Medicaid regulations, we can assist in navigating the income requirements.For 2024, a single applicant is expected to have a resource limit of $2,000, while the limit for a married applicant is about $150,000 If I accept Medicaid assistance will I lose my home?Once a Medicaid recipient passes, the state may seek reimbursement of the amount they paid for in long-term care costs. However, proper planning can protect a home and other assets from a Medicaid claim.I have been told I make too much money to qualify for Long-term Care Medicaid?The best way to figure out your best options is to schedule your first free initial consultation with Beneficent on our home page. (www.doinggoodforothers.com)During that time, we'll review and evaluate your assets to determine if we can help you qualify for a long-term plan4. Is Medicaid Planning legal and ethical?Proper Medicaid planning is legal and ethical and it works to ensure that all rules and regulations are followed.Medicaid planning seeks out effective methods of securing eligibility while preserving assets for the future benefit of the applicant and the applicants loved ones5. Should I apply for Medicaid or VA Aid + Attandance on my own?We appreciate your determination to tackle the application process independently. However, it's important to note that many individuals find themselves facing denials due to the complexity of the process.To support you, we offer a complimentary 1-hour consultation where we share our expertise on how to file for and qualify for these benefitscompletely free of charge.If you feel prepared to dedicate the significant amount of time required and are ready to manage the intricate details involved, we are more than willing to equip you with all the necessary information. Our goal is to ensure that you are informed and confident in whichever path you choose to take, whether it's proceeding on your own or seeking further assistance. Remember, our guidance during the consultation is meant to empower you with knowledge, but navigating the process can still be a challenging endeavor. Call us to schedule an appointment. 719.645.8350 - OR - read more of our FAQs on our website. www.doinggoodforothers.com/faqs 

Veterans Benefits for Assisted Living Care

Did you know there are financial assistance programs available to veterans who need assisted living care? Our veterans made numerous sacrifices to uphold the freedom we enjoy today while their families kept the home fires burning. They are entitled to many benefits in appreciation for all they endured for America.Veterans benefits for senior living are available for qualifying veterans and their surviving spouses, as long as the veteran served at least 90 days of active duty, including at least one day during a wartime period, and received an honorable or general discharge.Veterans Aid and Attendance for assisted living careOffered through the Department of Veterans Affairs, Aid and Attendance is a monthly pension benefit that can help cover the costs of assisted living care. It is available for wartime veterans and their spouses who have limited income and require the regular attendance of a caregiver.Aid and Attendance is designed for individuals who need assistance from another person to complete everyday activities such as bathing, dressing and assistance with other daily activities. A veterans need for this benefit does not need to be the result of their military service.Funds received from Aid and Attendance benefits can offer a monthly benefit to help pay for assisted living and long-term care for a qualifying veteran and their spouse. The actual monthly benefit is determined by the veterans assets, income and medical expenses and conditions.Contact your local county Veterans Services office with questions on how to apply by visiting www.benefits.va.gov/vso.MedicareMedicare will pay for short-term care at nursing and rehabilitation facilities for seniors who need these services after an illness or injury that requires hospitalization. Medicare does not cover the cost for assisted living, home care or other senior living services.Long-Term Care BenefitsThe Veterans Administration provides both short- and long-term care in skilled nursing settings for veterans who cannot care for themselves. This benefit does not cover assisted living or home care.Housebound BenefitsVeterans confined to their homes and requiring assisted living care may be best suited to receive Housebound benefits. This program provides an increased monthly pension amount for those confined to their home due to a permanent disability.Applying for BenefitsThe Veterans Administration has regional offices that provide Veteran Service Organization representatives who may be able to answer simple questions about assisted living benefits, as well as provide free, basic advice on the application process.Many veterans seeking advice on applying for assisted living benefits hire a qualified attorney accredited by the VA or an accredited claims agent, who has passed a written exam about VA laws and procedures.The application process for assisted living benefits is often very lengthy. It is important to be thorough when completing the application and have all required documentation gathered and ready to submit.There are additional financial options to pay for assisted living care for individuals who do not qualify for veterans benefit. Click to find out more about financial options for senior living.Country Meadows offers affordable assisted living or personal care on its nine campuses in Pennsylvania and one in Frederick, Maryland. Our friendly co-workers are always available to help! Contact us today for more information.