Aid And Attendance - Memory Test?

[Tbird]

Went to c and p on Monday. Lasted around an hour or more, examiner was quite nice and well informed I could tell he read my file all the way back to the first page. So that went pretty well, then he tells me they have to schedule me for a memory test that takes anywhere from 2 - 6 hours.

Has anybody had this memory test. I am so freaked out about leaving the house and being stuck somewhere for a couple of hours, I'm in a panic. Anyone with any experience with this your input would be appreciated.

[carlie]

bump

[Berta]

First I heard of this long Memory test for A & A determination Tbird.

The VA did give my husband a memory test of a sort when they separated his VA residual brain damage from his PTSD.

But this involved the regular stuff like who is the President? What day,month and year is it?

The other tests with it took 2 days and about 6-8 hours to complete but this was not for A & A claim.

However, I have asked VA to make an accrued finding for A & A for my husband and used the exact A & A regs and then made statements or referred them to specific incidents-that fall into the regulations.

It seems to me the A & A regs regard memory as to whether the veteran could be of harm to himself or others if left unattended.Thus the need for A & A.

I could testify he would start to heat up a can of soup or something and then walk away and forget he had something on the stove.He would start his shower water but wait for me to test it as he could not determine hot and cold water, But sometimes he left the water on and forgot to tell me to check it and forget about the shower.

The clinical PTSD records showed he got lost when the PTSD 21 day in-house vets had a day trip.He stopped as soon as they left the VAMC because he got winded and next thing I know an operator called me collect for him as he didn't know where he was.It was downtown Buffalo and due to his visual problems he could not read any street sign or even any store sign.

I asked him where the team leader was taking them and he couldn't remember where at all.Not even the direction they left in-

Then I asked him to ask passerbys where he was at-here is a 6 Ft 4 vet with all the Vietnam regalia on his jacket, still close to the VAMC entrance and obviously disabled -asking where he was and no one would help him.Maybe he did seem strange to the passerbys.I could hear him ask them and no one would help him.

Finally I heard someone pick up the phone-it was the Team leader assuring me they found him.

I mention these things as they can reveal memory problems that others have noticed and can testify to for Aid and Attendance claims.

But the VA does not have to have proof of every single part of the A & A regs.

Memory problems such as forgetting to lock doors at night, or forgetting important phone numbers or forgetting to even call back someone who is concerned and left a message for a return call or possibly memory loss which could even due to confusion from SC meds can all be considered by VA as to their safety factor to the vet and others who live with the vet and these are why-in my opinion-memory problems can help with an A & A award.

Although my husband had significant brain damage the psyche tests he took revealed some definite memory deficits but his stressors were still clear as a bell.

PTSD stressors seem to be an imprint that nothing can ever take away.

At the 21 day PTSD program- he didnt bathe or shower at all because I wasn't there to check the water temp. Maybe that is why no passerby helped him!

I will look through his records to see if there was some major memory test lasting a long time- but don't think there was anything like that.

The VA will consider -for A & A claims -statements from others who can testify to memory problems. This is only fair because a vet with memory problems would forget what those problems involve anyhow.

I gave statements as witness to A & A situations but I also sent them medical records (and even some stuff from Rod's EEOC case against the VA and other stuff ) as to his problems with memory.Evidence can often be found in unexpected sources.

Edited December 2, 2010 by Berta

[Berta]

I forgot this too- if a vet forgets to take their meds and someone can verify that in a statement to VA, that certainly is another consider for A & A Award.

[Berta]

Here is the A & A regulation:

"The following factors will be accorded consideration in

determining whether the Veteran is in need of regular aid and

attendance of another person: the inability of the Veteran to

dress or undress herself, or to keep herself ordinarily clean

and presentable; frequent need of adjustment of any special

prosthetic or orthopedic appliances which by reason of the

particular disability cannot be done without such aid;

inability of the Veteran to feed herself through the loss of

coordination of upper extremities or through extreme

weakness; inability to attend to the wants of nature; or

incapacity, physical or mental, which requires care or

assistance on a regular basis to protect the Veteran from the

hazards or dangers incident to her daily environment. 38

C.F.R. § 3.352(a).

It is not required that all of the disabling conditions

enumerated in 38 C.F.R. § 3.352(a) be found to exist before a

favorable rating may be made. The particular personal

functions which the Veteran is unable to perform should be

considered in connection with her condition as a whole. It

is only necessary that the evidence establish that the

Veteran is so helpless as to need regular aid and attendance,

not that there is a constant need. 38 C.F.R. § 3.352(a); see

also Turco v. Brown, 9 Vet. App. 222, 224 (1996) (holding

that at least one factor listed in § 3.352(a) must be present

for a grant of SMC based on need for aid and attendance).

"Bedridden" will be that condition which, through its

essential character, actually requires that the claimant

remain in bed. The fact that claimant has voluntarily taken

to bed or that a physician has prescribed rest in bed for the

greater or lesser part of the day to promote convalescence or

cure will not suffice. 38 C.F.R. § 3.352(a).

This part bears repeating:

"Turco v. Brown, 9 Vet. App. 222, 224 (1996) (holding

that at least one factor listed in § 3.352(a) must be present

for a grant of SMC based on need for aid and attendance)."

One does not have to satisfy every factor in this regulation.

[broncovet]

Berta..

You ARE GOOD. Thanks. Wouldnt it be nice if we knew, for example, if you met ANY of the A and A requirements, you would be awarded A and A? They always make things vague and complicated.

TBird

It is probably good news that the Va is asking for a memory test. That is, they are at least considering A and A and working on your claim. Its kind of like when you go to a C and P exam..