VA Fiduciary

Quick Summary

The Department of Veterans Affairs (VA) Fiduciary Program can take a great load off of veterans with mesothelioma by allowing another person to manage their VA benefits. This allows the veteran to focus on mesothelioma treatment and recovery. Veterans can choose their VA fiduciary in most cases. Anyone who meets the VA’s qualifications can be a VA fiduciary.

What Is a VA Fiduciary?

A VA fiduciary is someone appointed to help a veteran manage their VA benefits.

The VA established its fiduciary program in 1975 to help veterans properly manage their health care and financial benefits with the help of someone they trust.

Through VA benefits, veterans with mesothelioma may receive financial compensation, medical treatment, and other forms of support depending on their condition.

However, if a veteran cannot properly manage their benefits, they may fall behind on payments for basic living expenses or even lose their money through third-party scams.

Reasons veterans may not be able to manage their VA benefits include:

  • Diseases
  • Injuries
  • Mental health conditions
  • Old age

Fiduciaries may be appointed in 1 of 2 ways: 

  1. A veteran provides medical evidence showing they cannot manage their benefits on their own
  2. The VA or a court determines the veteran needs a fiduciary due to existing medical conditions

Though the idea of a VA fiduciary may seem scary to some, they can be very helpful in making sure a veteran gets the benefits they deserve. In addition, a veteran usually gets to choose their VA fiduciary — meaning they can pick a trusted spouse, relative, or friend.

VA Fiduciary Benefits for Veterans with Mesothelioma

Veterans can greatly benefit from the VA Fiduciary Program — especially if they have mesothelioma.

Though the cancer takes several decades to develop, it is very aggressive and often requires intensive medical treatments (such as surgery, chemotherapy, and radiation) to improve survival. Thankfully, veterans may be able to receive VA health care while they battle their cancer.

It can be difficult to afford various expenses during treatment — even those that may be covered by VA benefits, such as mortgage payments and grocery bills. This can add stress at a time when the veteran is already fighting for their lives.

Appointing a VA fiduciary can relieve this extra burden. The veteran can devote their energy to recovering while their fiduciary ensures their benefits are used in the right ways.

Getting VA Benefits can be simple.
  • VA Disability Claims
  • Survivor Benefits
  • Finding Veteran Doctors

Help with VA Benefits

VA Fiduciary Application Process

When a veteran applies for VA benefits, a VA Regional Office or Pension Management Center receives information about their medical history. Based on this information, the VA may determine that the veteran needs assistance to manage their benefits.

In this case, the veteran will receive a notice that they need to appoint a fiduciary.

If they are not automatically enrolled when they apply for VA benefits, the veteran must submit medical documents showing they are unable to manage their own affairs. From there, the VA will decide if they need a fiduciary.

VA Fiduciary Field Examiner Meeting

If the VA determines that the veteran needs a fiduciary, a field examiner will be sent to assess the veteran’s needs. This examiner can help determine who will be the best fiduciary for them.

The veteran chooses when and where to meet. Ideally, the veteran’s proposed fiduciary should attend this meeting.

The veteran should also compile a list of their income (including VA Pension and similar benefits), recurring expenses, assets, and recent bank statements for the meeting. This can help the field examiner and VA fiduciary to document the veteran’s financial situation — and will help ensure the proposed VA fiduciary does not mishandle the funds in the future.

If the proposed VA fiduciary is not available for the initial meeting, the field examiner can meet with them on a different date.

Who Can Be a VA Fiduciary?

In most cases, a relative or close friend will become the veteran’s fiduciary. The VA may appoint other fiduciaries in rare cases, but this is not preferred.

Common examples of VA fiduciaries include: 

  • Spouses: Spouses often make good VA fiduciaries because they normally live with the veteran.
  • Family Members: Siblings, children, or other relatives are often the next best thing if a spouse cannot become the veteran’s fiduciary.
  • Professional Fiduciary: These fiduciaries have the experience necessary to handle VA benefits if a loved one or relative can’t.
  • Others: Someone such as a friend or neighbor can also become a VA fiduciary.

Almost anyone can become a VA fiduciary provided they pass the VA’s screening process.

How to Become a VA Fiduciary

After the field examination, the veteran’s proposed fiduciary will be vetted by the VA’s selection process. Through this, the VA will learn if the candidate can properly serve in the role.

During this vetting process, the VA may: 

  • Conduct an interview with the candidate
  • Review the candidate’s credit report
  • Investigate the candidate’s criminal background (if any)
  • Interview other people as character witnesses

Through these measures, the VA can determine if the candidate has the veteran’s best interests at heart and is the best person to manage their benefits.

Appealing a VA Fiduciary Decision

Sometimes, a veteran may want to manage their own benefits even though the VA fiduciary process determines that they need one. In these cases, veterans can appeal the VA’s decision.

Veterans can appeal the decision by filing a notice of disagreement along with any evidence to support their claim. If the VA does not change its mind, the veteran has one year to file a formal appeal, or the decision becomes final.

VA Benefits Help for Mesothelioma Patients

Veterans with mesothelioma need high-quality health care while they battle this rare form of cancer.

Many veterans qualify for multiple VA benefits, including ones that cover medical treatments and other costs of living. With the help of a fiduciary, they can rest easy knowing these benefits are properly managed.

To learn more about VA benefits and the VA Fiduciary Program, get in touch with the Mesothelioma Veterans Center.

Our team can help you file for VA benefits today.

Author:Mesothelioma Veterans Center

Veterans Support Team

Mesothelioma Veterans Center

The Mesothelioma Veterans Center editorial team consists of experienced veterans, family members and medical professionals. Our work is focused on helping veterans with mesothelioma receive the benefits they need and the compensation they deserve. We love our country and are passionate about serving those who first served us.

Last modified: November 6, 2019

View 5 Sources
  1. Office of Public and Intergovernmental Affairs. (2016, September 1). VA implements new fiduciary regulations. Retrieved November 5, 2019, from https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5107.
  2. U.S. Department of Veterans Affairs. (2013, October 22). Fiduciary. Retrieved November 5, 2019, from https://benefits.va.gov/fiduciary/beneficiary.asp.
  3. Veterans Benefits Administration. (2013). A Guide for VA Fiduciaries. Retrieved November 5, 2019, from https://www.benefits.va.gov/FIDUCIARY/Fid_Guide.pdf.
  4. Welcome to the VA Fiduciary Program. (2015, September 22). Retrieved November 5, 2019, from https://www.youtube.com/watch?v=97UDnrJnPt4.
  5. What is a VA Fiduciary? (2014, February 11). Retrieved November 5, 2019, from https://www.youtube.com/watch?v=cOrYqtPh8oc.
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