Dorothy Kansas

Congratulations on your award just too bad they make you fight for what you are entitled I am rated L1/2 since 2002 because I need the assistance of another. Later I loss the use of my legs and was granted SAH but they never rated the loss of use. Shouldn't I also receive the R! rating too since the loss of use would entitle me two L awards.

I have been really sick missed my deadline in responding to a SSoc. I have fought for 7 years on this issue and now all my retro may be lost. I had to fire my attorney and my new SO doesn't return my calls. I can't believe no one is familiar with entitlement for loss of use when you are granted SAH. I have A/A for helplessness. Now my disease process has caused the loss of use of both lower extremities. Please help if you can.

I believe you should receive a higher smc if you are 100 percent and recive A/A and yo have other sc conditions totaling at 50 percent that entitles you to 1/2 step. If you have a another condition such as your PTSD that is independently rated at 100 percent you can move 1 step. If you have severe neuropathy and back pain could actually be radiculapathy. Are you already rated for loss of use of your feet? I believe you also mentioned incontinence. The Va has a home based program where your Dr comes to your home. Everyone comes to your except specialty appointments and diagnostics ie xray, mri and like. This could be argued to be a higher level of care entitling you to the R2 rating.

My brother has it he's Vietnam vet

Get a copy of that C&P report to see if it actually says that. Sometimes these C&P doctors act like they are favoring you but when you read the report it is something different.

CONGRATULATIONS ON YOUR WIN!

Thank you Pete I need all the prayers I can get but I also keep my thoughts on those less fortuanate than me.

M continue pursuit of higher rate of smc is I reeived the grant of special adapted housing. This grant is based on the loss of use of both lower extremities. I am already reciving aaaaaid and attendance for helplessness. THis grant of A/A did not pertain to the loss of use of both lower extremities. I am asking the VA to compensate for the Loss of use of my lower extremities according to the regulation I cited.

Good Luck John! I had a nearing in 2007 with BVA which was a total waste of time. The judge basically stamped the VA.s decision. Whe I finally got a copy oof the records sent to the BVA half of my information was missing and the tape conversation was full of errors it made me out to be a bumbling idiot it really was an insult. I believe they should state all evidence. They started inventing Dr's that susposedly examined me I have no name just that it was another Dr against. They totally dismantled my Rheumatologist and misquoted my neurologist. In the end the Varo awarded the SAH in march 09 and later the bva also granted the same benefit. This case has gone on since 2003 and I received no retro. I'm still waiting but like Berta Said it should be a large check. L1/2+K increased to R2.

I have had a hard time getting my C-file and what I was able to get from my attorney they left out a lot of information. Has this regulation changed 8.11 LOSS OF BOTH LOWER EXTREMITIES AND SPECIALLY ADAPTED HOUSING UNDER 38 U.S.C. 2101 a. General. If entitlement to SMC under 38 U.S.C. 1114 exists on account of the loss, or loss of use, of both lower extremities, the veteran also meets the requirements for specially adapted housing under 38 U.S.C. 2101. Conversely, entitlement to specially adapted housing because of loss or loss of use of both lower extremities also meets the requirements for corresponding SMC entitlement. Why have I not received the corresponding smc for LOU both lower extremities.

Yes I do have an open claim for higher SMC and sc for upper neuropathy The SAH was for loss of use for lower extremities secondary to avn and neuropathy. I have hasked for a grant of smc of at least R1 although I have nurse practioner evaluating me twice a month and monthly lab work. I have had incontinence of bladder and bowel but they have failed to address this.

I filed a NOD immediately but they said you can't NOD on a full grant of benefit which was the SAH. I have reg A/A for helplessness, and additional K award and 1/2 step for 50 in combined. CAVC addressed this but the case was remanded back to BVA.Keeler vs Principi I think

What else can I do Its has been almost 1yr since I was awarded SAH. Why did I not receive the rating for loss of use. I don't understand this I should have 2 ratings for loss of use and aid and attendance which I have had in effect for 8 yrs for something different. I am paying for my own aids bec ause the paid hired agency aids and nurses keep sealing my medication. They are lazy. I am going bankrupt. I want to use my housing grant but I need money to pay the differnce when my home sales. Please someone help me.

Pete-- I send you my heart felt condolenes. I feel your pain. Having had a brother taken from me via murder. It's hard to get up sometime because the grief and anger seem to much to bear. Please allow yourself to remember your brother and not get to consumed with anger and revenge. In time your brother will help guide you to helping others so they want have to go through this kinda of pain.

Did any of you receive a rating for loss of use and the smc that accompanies it when you were granted special adapted housing. In my case I already have A/A and an additional independent 50 P&T and 100 percent and now I received the SAH.