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jamescripps2
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Posts posted by jamescripps2
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If you sign a new 21-22,POA form, it superceedes the prior 21-22. Inother words it fires your prior POA and appoints a new POA. Whoever you appoint as your POA can revue your records and act in your steed. So, what I would reccomend, is make a request to whoever is your assigned POA to do an audit in order to see if your pay is correct. If they can't seem to be able to get that done, then sign another 21-22 with a different service orginization or even your state or county service officer.
It is worth noting here, if your POA is with the DAV, then only the DAV can work for you, or even see your information. Whereas, if your POA is with your State/County service officer, or the AL, the VFW, or the VVA, your information is visable to all of those orginizations, and each one of them can help you, but not the DAV.
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A veteran is either given a TDIU rating, and being paid at the 100% rate, or the veteran is given a rating as 100% schedular. It is one or the other, but a veteran is never both at the same time.
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No, upon your demise your wife will not receive your funds. Depending upon your circumstances, your wife may, or may not qualify for DIC payments as a sole surviving spouse.
If you die of service related causes, or if service related causes are listed on your death cirtificate as a contributing factor, she would qualify for DIC payments. Otherwise, if you are rated at 100% for ten years or more immediately preceding your demise, and have been married to the same surviving spouse for the same ten year period immediately preceding your death, she would qualify for $16,24.75 per month at the 2024 DIC pay rate.
If your wife first qualifies under the ten year rule, then, and only then, the vA will drop back and give consideration to the eight year rule. If you was 100% for the eight years immediately preceding your death, and you was married to her for the same eight years proceeding your death, then she would also qualify for a pay bump due to qualifying under the eight year rule. The additional pay for the eight year rule is as follows.
If you are rated as totally disabled as a result of a service-connected disability for at least eight continuous years preceding death, your spouse is entitled to an additional $246. An additional $286 is payable for each dependent child.
I would suggest that you click on the link below and watch the video.
https://www.youtube.com/watch?v=nHz4PDvENMw
I hope this clears up your lack of understanding.
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The way I see it, you are going to need an event in service, noted on your service medical records. You will need a current diagnosis of the asthma. Lastly, you are going to need a nexus letter connecting the in service notation with the present day diagnosis.
There may be a Pact Act presumptive that will come into play here, depends on where and when you served, but there is no way around the fact that you will have to have a present day diagnosis.
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I remember being 638,000 back in line for a legacy appeal. I was in that line for more than five years. Finally, in 2022 my claim was removed from legacy and became AMC and was advanced on the docket because I was a R-2 vet. The claim granted me five years earlier effective date for my earlier grant for R-1. As a result I was back paid ten years in total R-1 pay. It was well worth the wait.
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4 hours ago, rentalguy1 said:
I have two separate appeals at the board as well but they are both new. One for PCAFC since July '23 and the other for comp issues since October '23. I am hopeful the caregiver claim has different rules and is processed more quickly but something tells me it's not. I can't work up the courage to investigate.
To give you some hope, from what I am seeing, the PCAFC cases are being heard in a timely manner at the Board, much quicker, and not in competition with other claims. The drawback is that the Board is remanding the claims back to the VHA to be properly re adjudicated. There is where they hit the VHA's backlog and linger for quite a while. Some for more than a year.
At the web site below, you can look up those prior decisions that have come before the Board to see how they were handled. The one decision that was actually granted by the board was my own appeal for level 2 caregiver benefits.
Copy and paste the link provided below into your web browser , Then, In the BVA's search box type , VA cpafc caregiver appeals.
To see my own case, type my citation number in the search box A22011682. Good luck, and God's speed to you Sir!
Don't be surprised if the CPAFC caregivers program comes up as a topic for discussion on the Exposed vet Podcast on Thursday evening, 01/04/2024 at 6:00 Central time. Dial (515) 605- 9764 to listen in. I have also written quite a bit about appealing a PCAFC caregiver's decision at my website,
vatheredneckway.com
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You failed to say how many years ago you were granted 100%. Was it at least five years? There would be a proposal to reduce if the VA finds good reason to reduce and can support it medically. You would be given time to defend yourself if you did get a proposal.
Personally, I wouldn't speculate, and I would not worry about being reduced. I seriously cannot see the VA reducing your rating unless you have miraculousy been cured. You might even contemplate filing an intent to file, have your healthcare provider fill out a VAF 21-2680, and pursue filing for A&A if applicable in your case.
Have a wonderful life.
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I once volunteered to work with Operation Stand Down, Nashville. You can't throw money at homlessness and fix it. Some people just choose to be homeless. We would pick up the same veterans off of the streets and homless camps every year. Those veterans were put up in accommodations for three days. They got showers, hair cuts, new clothes, medical check up. They got dental and they went before a judge where they got all minor violations expunged and fines forgiven. They got help with filing VA benefits and compensation claims were filed for them with an expedited status.
At the end of the three day period, they were given a choice. They could leave with a back pack and all of the clothes that they could carry, or they could stay. If they chose to stay, they would get permanent housing and the red tape would be cut for them to get a really good full time job. Out of a group of three hundred veterans, ten might stay, and they would end up being homeless drifters on the streets again. We picked up the exact same veterans year after year. The program turned out to be an expensive failure and the program was discontinued.
Unbelievably, some of these guys would go to their PO box and get their VA disability check on the first of the month and be back on the street corner the very next day begging. It is not a situation for these guys, but a preferred way of life. You can't throw money at it and fix it.
I do admit that there are some truly homeless people out there who can't help their situation, but most in that catagory are not veterans and there is very little help available for them.
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Hopefully I am understanding your question correctly. If you were already 100%, there would be no additional compensation for the extra 10% award for the rhinitis, and thus no retro pay due.
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First off, you are stating that you have two L-1 ratings. That should be stated as an L-1 for the loss of use of two feet, and as an L-2 for the second L award for the A&A.
In any case, The L-1 award for loss of use of two feet and the L-2 award for the A&A should get you to the O rating and therefore the A&A would automatically become R-1, unless the need of A&A included your loss of use of two feet. If indeed, the feet were used to determine the need for A&A, that would be considered as pyramiding and you would be given an M award instead of the R-1.
You need to re read your decision and see exactly what disability was used in the determination of the need of A&A. If your loss of use of twa feet was not used in the determination of the need of A&A you need to appeal that decision!
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You can get to an R-1 rating by showing the need for two Lratings as due to the need of A&A for two seperate and distinct disabilities involving two seperate and distinct body systems. The chances of obtaining A&A for the PTSD depends upon how much documented direction and supervision is needed by the veteran. To be able to obtain an award of A&A for lower back pain would be a challange and a strech to say the least, but it depends upon your individual circumstances.
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First of all, driving is not considered an activity of daily living by PCAFC. Altough medication management is considered a ADL for the grant of Aid & attendance, it is not consdered one of the seven ADLs in the PCAFC program.
You shot yourself in the foot when you made the following statement. "His symptoms are mild at this point as far as he can do his personal cares himself, although I strongly encourage a daily shower and changing out of PJs at some point during the day…"
I suggest that you re read the qualifications required to enter the program.
Also, I have written much about the PCAFC ins, outs and appeals at my web site if you care to take a look.
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Your decision is correct.. LOU of 2 feet is rated as an L. An additional 50% award P or F(3), added to that L award brings you up to an L 1/2. It would also be wise for you to search the record for an earlier effective date and file for the EED if you find that it is./ or should have been inferred.
What is not lining up with what I stated earlier?
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The additional 50% and 100% ratings are not, and will never be SMC L ratings. They are SMC P-1 at 50% or a SMC P-2 rating at 100%. They fall under 38 CFR 3.350 F(3), a half step increase for an additional 50% rating or 38 CFR 3.350 F(4), a full step rating, for an additional 100% rating.
To clarify, an L rating, for loss of use of two feet, would increase to L1/2 with a F(3) half step bump. The same L rating would increase to an M rating with the whole step bump for an additional 100 % rating. Also, you can't have both, as it is one or the other, F(3) or F(4).
If you bought a new truck before you completed the vehicle grant paperwork, no you can't use the grant on that purchase. No way around that. However, you can purchase a second vehicle and use the grant. You can even trade in or sell your truck. or keep it. The grant does not expire, unless you expire first.
Also, you can use the adaptive equipment grant on your previously purchased truck. You can use the adaptive equipment grant twice every four years.
I hope that you are using a service officer with the Paralized Veterans Of America,(PVA) to get the most out of your benefits. You also need to apply for PCAFC caregiver benefits if you have not already done so. I have written much on that subject at my website.
vatheredneckway.com
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If you have been granted LOU of two feet, that is an "L" award. If you was also granted A&A, for a seperate and distinct disability, which is also an "L", then you should be rated at "R-1". If your A&A requires that you need professional help with your ADLs, then you should be at" R-2".
FYI loss of use of two feet is a 100% award.
Loss of use of two feet is an SMC L and gets you the SAH grant and an automobile grant / with adaptive equipment.
A&A and lou of two feet together gets you a "R-1" rating because two seperate and distinct ratings between SMC L and O will get you the maximum rate of "O" and the A&A becomes the higher rate of "R-1"
All of the SMC ratings and their qualifications are contained at 38 CFR 3.350.
All of the A&A ratings and regulations are couched in 38 CFR 3.352.
There is one more sentence mentioned on A&A at 38 CFR 3. 351 (C) (3)
I cover the subject of caregiver appeals at my website,
vatheredneckway.com
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It is indeed, my being able to help people like Vet Wife that keeps me involved. I thrive on the success of others. One has to have been there and walked the same path in order to fully understand the plight of others. PCAFC, because it is adjudicated by the VHA, and not the DVA, is a difficult and much different process than a run of the mill claim. . There is too much incorect information being supplied about applying and appealing a CPAFC case, and that includes information being supplied here at hadit. Thanks for allowing me to outline the correct path for your appeal process. Thank you for listening to my advice on the Exposed Vet Podcast, and most of all, for trusting me with such an important aspect of your life by researching my tried and proven PCAFC appeal method as I share it on vatheredneckway.com. Remember, NEVER EVER give up, because that is when you loose.
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On 6/3/2023 at 7:20 PM, Hardtyme said:
Supposing a veteran (me) has a total of cumulative disability of 92% disability most of which are related to strains/arthritis. with failed shoulder replacement plus a knee replacement, renal failure & hypertension. Will the VA be somewhat lenient and feel that with all the associated aches and pain that they'll inch up the disability to 95-100%?
Never expect compassion from the VA. Claims are impartial and are awarded based upon the evidence of the record and evidence provided. Also, you cannot reason with the VA.
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John, to get A&A, generally you need a single 100% P&T award, Then you need your doctor to fill out a VA form 21-2680 attesting to your need of A&A. Then simply apply for the A&A. If you do not have a single 100% award you can still ask for A&A on an extraschedular basis. Read the below exerpt from 38 cfr 3.351 . Everything else that you need to know about A&A is contained in 38 CFR 3.52.
Exerpt from 38 CFR 3.351
(c) Aid and attendance; criteria. The veteran, spouse, surviving spouse or parent will be considered in need of regular aid and attendance if he or she:
(1) Is blind or so nearly blind as to have corrected visual acuity of 5/200 or less, in both eyes, or concentric contraction of the visual field to 5 degrees or less; or
(2) Is a patient in a nursing home because of mental or physical incapacity; or
(3) Establishes a factual need for aid and attendance under the criteria set forth in § 3.352(a).
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My bad, A 50%, P-1 half step, and a P-2 whole step is based upon a single 50% or single 100% rating. A combined rating is not to be considered for the half or whole step bump.
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15 hours ago, x020574 said:
Thanks, what has me confused is the documentation infers the veteran is receiving a pension. Only served 4 yrs, I don't get a pension, but I do get VA SC compensation. I submitted an ASK VA form for clarification, haven't heard a response back yet. Learn new thing everyday: "The nickname Tri Five is used to represent a specific set of classic Chevrolet vehicles, namely the iconic 1955, '56, and '57 Chevrolet cars".
Here are three of my tri fives. from left to right, 1957 chevrolet Nomad, a 1957 Chevrolet BelAir two door hard top, and a 1955 Chevrolet BelAir two door post. The truck is a 1948 Ford F-1 pickup.
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The independent living program is amoung the most underused programs that the VA has to offer.
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I don't think the VHA ever contemplated that the day would come when the BVA judges would be able to readjudicate the VHA decisions that were made concerning the PCAFC caregiver program. That has created a backlog of its own at the BVA with about 99% of the cases being remanded.
The only cases not being remanded are the ones where the veteran died before the case came up at the Board. Before long some of those cases will eventually make it to the Court.
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You will need her doctor to fill out a 21-2680 attesting to the need of help with the ADLs. You can write down what you are required to do for her every day on a 21-4138. I would also send a llist of her medications. Submit that to a VSO to file for her A&A.
Also,if she does not qualify for SSDI she might can get SSI, which is income based.
2 FDC and a Request for increase
in VA Disability Claims Research
Posted
Any VA claim, other than a new 21-526EZ being submitted, is considered a claim for an increase. I would be more interested an accurate decision rather than a fast decision. In my experience they will all be worked together. If there was two FDC claims submitted along with one that was not FDC, there is a good chance that the two FDCs will be kicked back and adjudicated with the non FDC claims, but it could go the other way, after all, we are trying to predict what the unpredictable VA will do.