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Dorothy Kansas
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Posts posted by Dorothy Kansas
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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.
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I have multble claimse at the RO.One a housing grant that is on Appeal. Two an increcein my presnt Aiand Attendance to a highr levl. I have been reciving AA fr the pas 7 year at the L" lvel I fied for the incease becase my conition has goten seveely wors and now I in need of totl care. I had a girl coming in to help me at $10 an our but noweit is spordic. I don't have any famly or frinds to help..no on wants to cme in and bath me or cook me. My sitation is realy bad and I do the best I can. I mised 3 C&P's because of transpotation and no on to tae me. I had them scheuled to come and piak me up but they nevee shoed so the lady at the C&P schduled Specil Services to come and get me with their whelchair van. It is embarasing to go out because I stink cant shave or shoer can't eat.it is noting that about 38 cents cant take care of but I m not realy redy for that. I have chroic acute pain in my back and diabetes neuropathy that is causing me some serious pain also. I am on 2 types of pain meds one is methadone 120mg a day plus Hydroodone 10mg Soma and other stuff I am rated at 100 and my rating is like 93 for seveal diferet problem, one is ptsd since I have recived that years ago my other problems have started manifeting ovr the corse of year. I have bei afraid to file as I didnt want to to go to the VA because it cause me sevre pain for days afterward and I end up losing conrol of my uine so I didnt file becase of the problem of tring to get there or finding some to help me.
When I finaly get to the CP exam I thought the Dr would realy check me ot but I stayed in thre maybe 15 minute and she asked me some question about if I coud do ts or that, she ased me if I col and I couldnt get out of the wheelchair by myself anyway, she ased me if I could setup straght and I told her I cant do that either then she had me squeeze her fingers as hard as I could but since I don't have any feeling in my legs, feet or hands so I could not do to much there. This letter has taken me 3 days to write as I am pecking and I use my lapto in bed to have communication with others. My question is am I eligble for a hiher award than what I now recive at the "L" level. I need more money to hire someone to come in and help me 247 and that is expensive and I am not going to a nusing home or other fcility I am much more secure in my own home and I fear if I go to a home I will end up dying in there so if I can get a higher rating I can hire someone to come in fulltime. After 15min the doc told me she was not going to have me do anything else and was not gonig to reuqire me to do any other testing and that I shouldn't have anything to worry about, that comment there confused me as I think I understood it to me she would recomend a hgher level. Does anyone know what level I qould qualify for based on what is gong on with me and my cp exam?
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.
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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.
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CONGRATULATIONS ON YOUR WIN!
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Thank you Pete I need all the prayers I can get but I also keep my thoughts on those less fortuanate than me.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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Hello Bros and Sis just thought I would give you guys an update. I was indeed granted the SAH but they did not increase my SMC. I am rated L 1/2 for A/A helplessness. I thought that I should have received something for loss of use but I guess not. They didn't even award a (K) award. Well we have to sale our home and have a sah home built. I'm scared of this process because heard horror stories. Anyone who has been through this jump in and share.
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Pete, I just came across this message from you can you tell me more about the advantage paying 120.00 a day. I have medicare advantage and I have paid out of my pocket for help.
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CONGRATULATIONS JESSIE AND GOD BLESS YOU AND YOUR FAMILY!
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Congratulations sixth cent! I am still fighting for my R1 its coming I know it will. Again Congratulations and GOD Bless YOU and YOUR Family.
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I was awarded special adapted housing but they never addressed the loss of use or my entitlement to smc for loss of use of lower extremities. I am finding ou tthat some vet's are getting cheated out of this smc. I have written several key people and they tell to just write the letter but they are destroying my letters or not logging them in.
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Hi Fellow Vets
When you have been awarded special adapted housing do they rate you for the loss of use separately
Do they award you a K award for loss of use or do you get the higher L award for loss of use both feet/lower extremities.
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I hope this helps you
[EFFECTIVE DATE NOTE: 66 FR 44527, 44528, Aug. 24, 2001, amended paragraph (d), effective Aug. 24, 2001.]
§ 3.809 Specially adapted housing under 38 U.S.C. 2101(a).
Discussion and Analysis in the Veterans Benefits Manual
Text
A certificate of eligibility for assistance in acquiring specially adapted housing under 38 U.S.C. 2101(a) may be extended to a veteran if the following requirements are met:
(a) Service. Active military, naval or air service after April 20, 1898, is required. Benefits are not restricted to veterans with wartime service.
(B) Disability. The disability must have been incurred or aggravated as the result of service as indicated in paragraph (a) of this section and the veteran must be entitled to compensation for permanent and total disability due to:
(1) The loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair, or
(2) Blindness in both eyes, having only light perception, plus the anatomical loss or loss of use of one lower extremity, or
(3) The loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.
(4) The loss or loss of use of one lower extremity together with the loss of loss of use of one upper extremity which so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.
© Duplication of benefits. The assistance referred to in this section will not be available to any veteran more than once.
(d) "Preclude locomotion." This term means the necessity for regular and constant use of a wheelchair, braces, crutches or canes as a normal mode of locomotion although occasional locomotion by other methods may be possible.
Source
[26 FR 1606, Feb. 24, 1961, as amended at 34 FR 9560, June 18, 1969; 43 FR 14018, Apr. 4, 1978; 46 FR 47543, Sept. 29, 1981]
Notes
(38 U.S.C. 2101, 2104)
CROSS REFERENCE: Assistance to certain disabled veterans in acquiring specially adapted housing. See §§ 36.4400 through 36.4410 of this chapter.
§ 3.809a Special home adaptation grants under 38 U.S.C. 2101(B).
Text
A certificate of eligibility for assistance in acquiring necessary special home adaptations, or, on or after October 28, 1986, for assistance in acquiring a residence already adapted with necessary special features, under 38 U.S.C. 2101(B) may be issued to a veteran who served after April 20, 1898, if the following requirements are met:
(Authority: 38 U.S.C. 2101(B))
(a) The veteran is not entitled to a certificate of eligibility for assistance in acquiring specially adapted housing under § 3.809 nor had the veteran previously received assistance in acquiring specially adapted housing under 38 U.S.C. 2101(a). A veteran who first establishes entitlement under this section and who later becomes eligible for a certificate of eligibility under § 3.809 may be issued a certificate of eligibility under § 3.809. However, no particular type of adaptation, improvement, or structural alteration may be provided to a veteran more than once.
(B) The veteran is entitled to compensation for permanent and total disability which (1) is due to blindness in both eyes with 5/200 visual acuity or less, or (2) includes the anatomical loss or loss of use of both hands.
(Authority: 38 U.S.C. 2101(B))
© The assistance referred to in this section will not be available to any veteran more than once.
Source
[46 FR 47543, Sept. 29, 1981, as amended at 53 FR 23237, June 21, 1988]
Notes
(
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Congratulations Berta! You and I have been fighting the VA for about the same length of time. I see they are still denying your smc? What reasons are they given you and if you don't mind sharing what did you win?
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clown man;\they awarded the grant based on loss of locomotion and not being able to ambulate greater than 100ft without the use of wheelchair or canadian crutches. Of course they made it appear like I just received w/c this year. When in fact I have been w/c bound since 2003.
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The loss of use rating could be coming. On the SAH the rating will state that you qualify, however, as stated below you will have to file the appropriate form to get the process rolling. Same as with CH 35 stuff - they award you the elgibility, however, you must still apply for the benefits. Good Luck
Well I got the rating and it did not mention loss of use but awarded the sah. What form should I fill out to get the smc.
R1 From M1/2
in Success Stories
Posted
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.