Is This A&a Eligibile

[Philip Rogers]

Actually, thinking it over, "his" agreement may not stand up if pressed, since they've alledged he's incompetent. On the issue of incompetency, you should prepare yourselves for the money being stopped until the issue is resolved and knowing the VA that could take many, months.

On the issues of HB & A&A, he should file, ASAP, and I would use the original claim date as the date of onset. There may be an open claim if the matter wasn't discussed when he was awarded 100%. jmo

pr

[iceturkee]

i have a question about a&a and smc. for years, i received a&a with my nsc pension because i have deformed hands and have trouble with daily living activities. the va has paid for me to have a nurses aide come to my house 8 hours a week for over 4 years.

now that i am 100 percent and receiving disability compensation, i wonder if this can be transferred? i did have an ortho c&p a few years ago in which the examiner opined that my service connected back condition would preclude me from completing a majority of daily living activies. on my most recent ortho c&p, the examiner opined that my back condition beside my other disabilites made me unemployable.

any help would be appreciated. thanks.

[Philip Rogers]

I would apply, if I were you. jmo

pr

[iceturkee]

I would apply, if I were you. jmo

pr

maybe you can clarify something for me? in order to get a&a with disability compensation, must my service connected disabilities preclude me from performing my daily living activities? or can it be general health? thanks phillip! :-)

[Philip Rogers]

Yes but not necessarily. I would apply and let the VA decide. Once the VA receives the claim, they will respond w/a VCAA letter that will advise you of what evidence you need. One does not necessarily need to preclude daily activities but should impair some of them. At some point they may have to decide how much your SC disabilities, impact your NSC disabilities. jmo

pr

maybe you can clarify something for me? in order to get a&a with disability compensation, must my service connected disabilities preclude me from performing my daily living activities? or can it be general health? thanks phillip! :-)

[Berta]

That is a good point as to the impact on any NSCs.

I applied a year ago for accrued A & A under Nehmer.

Up to that point I didn't get involved in A & A questions here because I really didn't understand the A & A regulations.

I went over the regs many times and then could refer VA to the specific medical evidence that warranted a posthumous A & A award.

Most A & A veterans have a caretaker, the spouse or maybe have a relative or friend who helps them with some of their daily needs.

The VA will consider any type of caretaker statements for A & A claims.

Since I was a caretaker,I could state how my husband fell into some of the A & A criteria (the vet does not have to fall into every part of the criteria)

and I also enclose documented evidence from VA and SSA that supported his need for A & A.

He could not be left alone for more then a few minutes without being a danger to himself and others.

Also he could not handle tools, change, phone, PC ,nor sign his pown name well after the stroke. This is the type pof stuff VA considers as well as help with dressing, bathing, etc etc.

Some BVA A & A cases gave me a good idea how to prepare and support my A & A claim.