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Fiduciary Process

Congratulations, VA benefits have been awarded and the claimant should begin receiving a monthly check or direct deposit. The other news is that based on the medical evidence provided, the VA is proposing a finding of incompetency. This means that the VA will not release the retroactive funds until a fiduciary has been appointed. Please understand that they will receive current benefits, but not yet the back monies owed.

To start the fiduciary process, we recommend that you submit the attached Statement of Claim 21-4138 waiving the 60-day due process rights (a sample is attached-edit as necessary).

This form must be signed by the Veteran or Spouse, not the POA. Make copies and keep them with your other VA documents. The original signed form should be sent (via traceable mail) to the address provided in the VA’s letter.

After the VA receives your request, you should receive a call from a VA Field Representative who will walk you through the next step. If you do not receive a call within 30 days, call the VA Fiduciary Hub at 888-407-0144.

Mail the forms to the Department of Veterans Affairs, Pension Intake Center, PO Box 5365, Janesville, WI 53547-5365 or Fax to: 844-655-1604.