July—September 2022

Page 20

GOVERNMENT RELATIONS REPORT

Updated VA 1394 Procedures: What You Need to Know By Amy Schoppman NMEDA DIRECTOR OF GOVERNMENT RELATIONS & PUBLIC POLICY

E

arlier this year, I woke up in

updated VBA rating decision. For

entirely—I was eager to discuss the

a North Little Rock Hampton

the member cases in question, the

challenge with NMEDA’s contacts

Inn. Such an occurrence would

updated eligibility determinations

at VACO and VBA. After providing

normally be considered a bad thing,

typically occurred around the time

an overview of the frequency and

but in this instance, I was filled with

the veteran engaged the mobility

duration of these cases, as well as

neither regret nor dread. In fact, I was

dealer for services. In most of these

a few strongly worded testimonials

feeling rather satisfied with myself

cases, neither the veterans nor the

from dealers and veterans, VA staff

given that I’d driven nearly 1,000

dealers were promptly notified of the

agreed that they would reexamine

miles in 1.5 days and was about to

veteran’s eligibility change, so dealers

the agency’s approach to confirming

whip up a few of those adorable mini

a veteran’s eligibility in an effort to

and deliveries only to be ultimately

identify why this was happening and

denied payment for the authorized

how it could be remedied.

waffles in the criminally underrated free breakfast area before continuing my road trip from Florida to New Mexico. To further reveal how low maintenance I can be, I was also legitimately excited to spend the better part of that morning on a call with VA Central Office (VACO) and the Veterans Benefits Administration (VBA). We had much to discuss, namely the confounding “approved but not eligible” situations that had been cropping up over the past year or so. Some background: since 2020, NMEDA has witnessed a sharp increase in dealer reports of VA denying Auto Adaptive Equipment (AAE) benefit payments due to a

proceeded with vehicle modifications

It turns out that there was a pretty straightforward answer to ‘why was this happening?’: VA did not have any mechanism for communication between VHA and VBA regarding changes in a veteran’s eligibility.”

work. VA’s proposed “resolutions” for such cases were unappealing at best: the dealer was directed to repossess the vehicle, convince the veteran to return the vehicle, or file an equitable relief claim and hope for the best.

It turns out that there was a pretty straightforward answer to “why was this happening?”: VA did not have any mechanism for communication between VHA and VBA regarding changes in a veteran’s eligibility. VHA

previously eligible service-connected

Knowing that there had to be better

was relying on VA Form 21-4502

veteran being deemed ineligible to

options for resolution—or, ideally,

to validate a veteran’s eligibility,

receive such benefits based on an

some method for preventing these

but a subsequent rating decision

“approved but not eligible” cases

20

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July—September 2022 by NMEDA - Issuu