Dorothy Kansas

I already have A/A for helplessness. I have a telephone confirmation that I was awarded the SAH with that being said they should grant me the smc for loss of use of both lower extremities since I am SC for both lower extremities which interfere and cause me loss of use.

I have already used my HISSA grant

I haven't received letter yet. I received phone call telling me I was awarded and I called 800 number and they confirmed it was granted on 3/27/09.

If you mind can you share how the process works. How many people come to your home. Do they tell you what you can have such as therapeutic bathtub, sunrooms and chair lifts for stairs

Berta-- thanks you and Pete for responding to my question. Read this and tell me if I will get the smc award also since they have granted special adapted housing. M21-1, Part VI April 19, 2002 Change 86 Erratum 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. b. Application of 38 CFR 3.809(B)(3). Do not grant SMC for loss of use of an apparently normal lower extremity because of a veteran's inability to walk, if such inability is due to loss of use of the other lower extremity, not improvable by prosthesis, and loss of use of the paired upper extremity, which precludes locomotion without prosthetic assistance. In order to be entitled to SMC under 38 U.S.C. 1114 on account of loss of use of both lower extremities, there must be a loss of use of each lower extremity as defined in 38 CFR 3.350(a)(2). However, such a case would meet the criteria of 38 U.S.C. 2101 and 38 CFR 3.809(:o(3) for assistance in acquiring specially adapted housing. 8.11 LOSS OF BOTH LOWER EXTREMITIES AND SPECIALLY ADAPTED HOUSING UNDER 38 U.S.C. 2101 8-II-7 M21-1, Part VI April 19, 2002 Change 86 Erratum 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. b. Application of 38 CFR 3.809((3). Do not grant SMC for loss of use of an apparently normal lower extremity because of a veteran's inability to walk, if such inability is due to loss of use of the other lower extremity, not improvable by prosthesis, and loss of use of the paired upper extremity, which precludes locomotion without prosthetic assistance. In order to be entitled to SMC under 38 U.S.C. 1114 on account of loss of use of both lower extremities, there must be a loss of use of each lower extremity as defined in 38 CFR 3.350(a)(2). However, such a case would meet the criteria of 38 U.S.C. 2101 and 38 CFR 3.809(:((3) for assistance in acquiring specially adapted housing. I do have loss of use of both lower extremities so I should get the corresponding smc which in my case should be the (L) rating

DO you receive a rating for loss of use both lower extremities or feet for smc (l) or do they just award the housing and not give the smc for loss of use. The regulation says if you are granted sah you qualify for the smc. Someone please give me some feedback on this.

If you have money left can you apply it to your mortage.

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.

Can you apply any remaining money to your mortage. Also how long does it take to get the process going.

Congratulations! and May God Bless you and Your family.

Thank You Carlie

Thanks Pete! Yes I truly enjoy helping other veterans and their families get their benefits. I often refer most to this board. I have had a hard time with my health since developing dm and renal problems. My husband often teases me that working my claim keeps me alive. I must say when I deal with the RO face to face; they have all my vital signs up. I try to be prepared make sure I have anxiety medication, pain meds, insulin and water and glucometer.

Thanks Stretch-- Yes six years and still counting 800 number states they only can see the grant of remand dated 3/27/09. Told me to wait until the EOM.

Still waiting on official letter praying they grant the seperate rating for loss of use both lower extremities. tHIS WOULD GIVE ME 2 "L" AWARDS WHICH SHOULD MOVE ME TO AN "O" QUALIFYING ME FOR THE "R1"

Berta--- I am SC fo diabetes secondary to the steroids also avascular necrosis second to the steroids I suspect that my entire endocrine has been attacked fro sarc or treatment of sarc

You can call me if you have time I do screen my calls pesky bill col so Will be looking for your name.

No! auto grant no increased smc no I still have a pending appeal to my peripheral neuropathy which they granted finally but gave me a "0" percent rating I have been diagnosed with neurosarcoidosis but they just granted peripheral neuropathy strange because I am now a diabetic steroid induced I have been advised to file for pain and radiculopathy. Any suggestions?

Rich you are correct we did prove that i should have been P3(50%) I was trying to establish the 2 ('L) with the sah request and now grant. I have a 2 doctors who have continously written that i have the LOU Both lower extremities. I thought that when you received the sah for lou and you already are rated at the p3 it caused me to beconsidered for the higher smc R1. I am searching for the regs to try and appeal this issue. I would love to speak to you my number ends in 4321 let me no if that is the number you have.

Well after six long years I have been notified by phone that I will be awarded special adapted housing yippeeeeeeeeeeeeeeeee!!!!!!!!!!!!!but they are not giving me the higher smc for loss of use lower extremities that I am entitled since I already have aid and attendance. They these are two different issues. Can anyone explain this shocker to me.

Leroy I don't mind sharing thats how we learn. You stated you had an L award. Remember if you have 2 "L" award such as loss of use and aid and attendance that qualifies you for an "O" which then bumps you to an "R1". My situation is mirky I am already "L1/2" but I have additional disabilities totaling 100 percent. One of the disorder they used to give me the "L1/2" is migraine headaches. All my other disabilities basically are secondary SC except hysterectomy so I guess I don't qualify. This seems unfair I have been seriously damaged from steroids to the point I am confined to a wheel chair. Glad to be back I have been fighting for life developed renal failure, diabetes and avascular necrosis.

Can someone tell me if secondary conditions are considered when awarding the additional independent or combined 50 or 100 percent. The words separate and distinct seem somewhat misleading. I believe its covered in 38 CFR 3.350 and USC 1114 p

I sincerely offer you my condolence. May God engulf you with his mighty love and your family in your time of bereavement.

Alex was a good man who helped others. He has earned his wings and will join our heavenly Father.

http://www.va.gov/vetapp99/files1/9906242.txt This is a case that may help someone.

Has anyone received their October checks?