STANDARD SERVICE AGREEMENT

The Parties agree as follows:

1. SERVICES: The Provider will perform the services described below:

Part 1: Activities of Daily Living (ADL) Assessment and Pre-Filing Consultation. A comprehensive consultation which has several steps:

1. An Instruction Pack will be mailed via USPS priority mail within 1-2 business days from the start date of service (receipt of payment) to the mailing address provided by the Client.
2. The Client will be called to schedule the first telephone appointment with the Case Management Department.
3. During the appointment, the Assistant Case Manager will review AVA’s process and provide a detailed review of the Instructions Pack. A second appointment will then be scheduled with the Case Manager.
4. During this next interview, an ADL Assessment will be done, personal and financial information will be gathered, and the Client’s medical condition and long-term care needs will be determined. The Case Manager will assist the Client to gather up the personal and financial information necessary for review by the VA Accredited Claims Agent.
5. The VA Accredited Claims Agent will review all the information and issue a Letter of Determination stating whether the Client is eligible. If the Client is not eligible, the client will be informed as to what steps are needed to become eligible.
6. The Case Manager will consult with the Client to develop a plan to address their long-term care needs based on the VA Accredited Claims Agent’s recommendations.
7. The Case Manager will help the family establish evidence of qualifying unreimbursed medical expenses (caregiver or facility expense) that meet VA regulations and is tailored to the Client’s specific needs. The Case Manager will assist the Client to complete the additional forms and then a proof of payment will be required for the VA application.

Part 2: Preparation, Presentation, and Full Processing of Claim. This part of the service can only be done by the VA Accredited Claims Agent.

There is no charge or fee for Part 2.

This includes:

1. A final review will be done by the VA Accredited Claims Agent to ensure all eligibility requirements are met and all necessary accompanying documents have been received.
2. All VA forms are completed by the VA Accredited Claims Agent and the completed application will be sent to the Client for signature and submission to the VA. During this final stage, the VA Accredited Claims Agent will be available to provide any additional assistance needed.
3. The VA Accredited Claims Agent will be the Client’s Advocate before the VA Claims Board.

2. Payment:

The Client shall pay the Provider One Thousand Five Hundred Seventy-Five Dollars ($1,575.00) for the ADL Assessment and Pre-Filing Consultation.

Debit or Credit Card (by phone or AVA’s secure online shopping cart)
Check (by Phone, Fax, or Mail)

3. Additional Expenses:

Client may have additional expenses. Here are some examples:

Obtaining copies of marriage certificates from any and all prior marriages as required
Obtaining copies of divorce decrees of any and all prior marriages as required

4. Refunds:

1. A full refund of the ADL Assessment and Pre-Filing Consultation fee will be given in the event it is found during the consultation process that the client is ineligible due to one or more of the following:
1. The client is not 65 years or older - with the exception of those who meet the requirements for veterans and spouses under 65.
2. The client, as a veteran, did not serve 90 days of active duty in the military with one day during wartime verified by the DD-214.
3. The client, as a surviving spouse, remarried to a non-wartime veteran.
4. The veteran received a Dishonorable Discharge.

Unwillingness to address asset amounts or to establish or increase the unreimbursed medical expense amounts so that the client is eligible is not included in this refund clause (a).

2. If the Client decides not to continue with the service for any reason, within 30 days from the start date of service (receipt of payment), and requests a refund in writing, 50% of the service fee will be refunded.
3. After 30 days from the start date of service, with the exception of Section 4a., the client will not be eligible for a refund for any reason including but not limited to death of claimant, applying for Medicaid, or receiving Hospice care.
4. The Provider has 30 days to process the refund upon receipt of a written request stating the reason for cancellation.

5. Client’s Responsibilities:

1. The client will provide AVA with all needed documents to determine eligibility and for an accurate application to be prepared and submitted by our VA Accredited Claims Agent.
2. If the amount of assets is later discovered by the Case Manager or VA Accredited Claims Agent to be more than what was stated by the Client on the Consultation Interview and the new amount would disqualify the Client for Aid & Attendance due to asset limitations set by the Department of Veterans Affairs, the Client will be required to pay an additional $800 to be upgraded to the Premium Service which involves estate planning. This Standard Service Agreement will be voided and replaced by the Premium Service Agreement. In the event the Client chooses not to proceed at this point, refer to Section 4b.

6. General Provisions:

1. All services shall be completed in a professional manner and in compliance with all applicable State and Federal laws and the Department of Veterans Affairs regulations and guidelines.
2. Over the years, when there have been any changes to the VA Pension Regulations, such as the Aid and Attendance Benefit, the VA has grandfathered in previously submitted claims and has exempted those already receiving pension benefits. The Client acknowledges that AVA has no control over these possible changes and cannot make any guarantees or representations as to how Client may be affected. Therefore, Client agrees to hold harmless and indemnify AVA if the Client or anyone acting on the Client’s behalf, brings an action against AVA because of how the changed VA Pension Regulations affect Client’s benefits and/or application process such as allowable income, asset amounts, and look back period for asset transfers.
3. The Client acknowledges that currently the VA Pension benefits are retroactive to the date the Claim is filed with the VA. It may take as much as six to nine months or longer for the VA to approve their claim. The Provider will use best efforts to speed up this process.
4. The Client acknowledges American Veterans Aid is a private company and is not affiliated with the Department of Veterans Affairs or any other state or federal regulatory body. Client further acknowledges that the VA and not American Veterans Aid will determine the exact amount of the monthly benefit that is granted.
5. In the event AVA and Client cannot, in good faith, arrive at a resolution of any dispute, then any controversy or claim arising out of or relating to this Agreement shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered of record in any court having proper jurisdiction. The locale of the arbitration shall be Orange, California. This agreement shall be governed by the laws of the State of California.
6. The Client understands that one can apply for VA Pension benefits free of charge by going directly to the Department of Veteran Affairs or a Veterans Service Organization.