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Dorothy Kansas

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Posts posted by Dorothy Kansas

  1. Ratings under 38 U.S.C. 1114(l). The special monthly compensation provided by 38 U.S.C. 1114(l) is payable for anatomical loss or loss of use of both feet, one hand and one foot, blindness in both eyes with visual acuity of 5/200 or less or being permanently bedridden or so helpless as to be in need of regular aid and attendance.

    If you have loss of use for both legs and or feet then you will be awarded "L" and SAH. You have to have the SMC in order to get the SAH so they kinda go hand in hand.

    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.

  2. Yes you can apply any leftover funds to your mortgage or use it at a later date for any other repairs or remodeling you may need.I am in the process of remodeling using the SAH grant and my left over funds will be applied to my mortgage.Once you have gotten a contractor and agree on the price the SAH money will be put in an escrow account with your instructions as to how it will be distributed.Hope this helps.

    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

  3. Gee the VA web site didnt have much at all :

    Specially Adapted Housing/Special Home AdaptionsA veteran may be entitled to a Specially Adapted Housing or Special Home Adaptions based on a service-connected disability.

    Eligibility criteria, see 38 CFR §§3.809 Specially Adapted Housing, 3.809a (Special Home Adaptions).

    See also the Loan Guaranty Service's website.

    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(:angry:(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

  4. Dorothy

    I am rooting for you and remember how hard you worked on your claim but found plenty of time to help others. I hope that you get your money quick.

    Pete

    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.

  5. Auto Grant too?

    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?

  6. "Dorothy",

    I was thinking that you were "L" and we proved to the VA that you should have a P3 (50%)added for anther 1/2 step to the "L 1/2". My understanding is that you may have either P3 or P4 (100%) just once and cannot get the other if you already have the first applied. What you need to go for is 2 "L's" which is then an R1. I still have your phone number if you want me to call. I can tell you more about the "O-2" level which is where you really need to be looking to get the R1.

    Blessings,

    Rich

    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.

  7. :angry: 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.
  8. Berta thank you for that explanation I was awarded only a "L" award I have two 100% awards a separate 60% award and several others awards adding up to another 90% yet I was only awarded a L award. from what I have read here today I will file a NOD to see if they will correct this I also have aide and attendance on two different awards does that factor in as well.

    Dorothy my apologies for asking my question in your post.

    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.

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