JAB

My mother resides in an assisted living facility and has Alzheimer's disease. She currently receives the VA death benefit pension plus A&A, for my deceased father's military service. I see that A&A is excluded when trying to qualify for SSA's "extra help" program, but I cannot find out if the death pension portion is counted as income. If so, this amount of income would disqualify her for extra help, when add to her Social Security check. I am 100% SC and I'm paying for the biggest portion of her rent, so I don't want to miss out on any possible help with the cost of her prescription drugs. Thanks in advance, Glad2Bhere

Thanks for the replies. I didn't specify that I wanted to purchase a medigap plan, which only has a 6 month period when applicants are guaranteed acceptance, and that is what I missed. PR, the supplement you purchased must have been Medicare Advantage (part C). I think I could get that during the enrollment period, starting Oct. 15th, but that puts you in a HMO or PPO where you can't choose your doctor. I'm going to need some ortho surgeries and I have a friend who has medigap Plan F. He just had a hip replaced, with complications due to his other health problems. He chose the best Dr he could find, and the total bill, including an extended hospital stay was about $120,000. Medicare part A and B paid about 1/2 of the bill, Plan F paid the balance and my friend paid zero. This is what I tried to get, but was denied. I've spoken with several entities, including state and Fed, with no luck. I hear you loud and clear about appealing thru medicare, and how paperwork is the only thing that counts. I won't forget this good advice.

I'm 100% disabled with full VA benefits and have been SSA disabled for almost 20 years. When I turned 65 last fall, wasn't notified about this 6 month guaranteed acceptance period. I suppose It's possible that I received a notice that I overlooked due to the massive amount of medical junk mail I received before and after turning 65. I want to purchase a medicare supplement plan, but was told that I'd have to qualify through the ins. underwriters, which I did by completing an application. Then I was informed that I would also have to pay a higher rate since I missed the 6 month period by 5 weeks. The added premium for plan F is over $1200 a year which would be a hardship for me. I think they failed to notify me of this time limit because the 6 mo period starts when you turn 65 AND get medicare part B. Since I've had B for so long I might have been overlooked and wasn't notified, but I can't prove it. I should have studied this before hand and understood this gotcha rule, but my medication and mental condition surely played a role in my failure to understand this. I suppose I could appeal this situation to medicare but after talking to them, they basically told me that rules are rules and there's nothing that can be done. This just seems like a very stiff penalty for barely missing Is there any hope that the VA could help me get this penalty waived. I could probably get a VA doctor's letter stating that due to my condition, I am unable to keep my affairs in order and an error like this could be associated with my disability. Any help or suggestions would be greatly appreciated. Thank you

Absolutely! Been ner, done nat. Fight or flight kicks in, and neither works.

Berta and Harley, I can't thank you enough for your help and input. I started this thread in a quest for champva info, and I see now that I'm not qualified for that. Then I swerved over to my confusion about receiving letters from the VARO stating that I was 100% SC, since my rating decision was established due to a NSC 1151. In my haste, I called the Veterans help line and it was confirmed that I wasn't SC, and that the letters I received were erroneous. I probably did "open a can of worms" with that call, and looking back, I can't believe I made that bonehead mistake. I just asked a simple question and never dreamed that Peggy would fetch her supervisor to study my case. However, since I'm not really SC, I understand that it needs to be corrected and I'll just have to knuckle down and deal with the consequences, which could possibly include a review with new exams. If this happens, I will let them know about the air gun shots in BT, in an effort to finally establish SC. I would like to hear from anyone with knowledge about the air gun, and especially any claims that have been awarded due to that procedure. Berta, would a new "air gun" thread be called for, or possibly a sticky post? There's gotta be a ton of vets with hepC that haven't even considered that as a source of their infection. thanks again, JAB

No, I'd never connected the blood sharing air gun with hepC, until years after I was awarded the 1151 claim. No proof but the air gun was red with blood splatter AND with blood from touching other arms before mine. I don't remember seeing any attempt to clean the head of the gun. True........ but Berta, I'm hesitant to start a fight with the VARO again, can you understand? Maybe if ASKNOD or another member has air gun info, they could chime in here. If proof about this has been established out there somewhere, maybe I can find it, then I'd be more inclined to give it a try.

Berta, I did a poor job of explaining things and I'm not sure how to clear it all up. The 160% I referred to, was actually 2 conditions rated at 100% each. Their letter stated that my smc was due to having a total of 160%. In fact, it is 200% but like you say, the pay chart only goes up to 100%. "Question....in 2012 did the VA pay you separate additional compensation,as retro, for the SC they deemed as 100%?" No. I received the 2nd rating around 2002 and that only added the smc to the original 100% 1151. Berta the first condition was chronic hepC and the VRO decided it was more than likely that I caught it from non sc surgery at the VA hospital. I have since learned how the virus was transmitted by that jet gun injector they used to immunize us while in BT. Everyone had blood running down their arm and we all became so-called blood brothers. That would mean that I should be sc instead of 1151 but since I was at 100% anyway, I've never mentioned this to the VRO. Below is the letter I mentioned receiving in 2012, and I don't know what "change" they're referring to.

I called the regional office to ask questions, and I left my call-back number. They returned my call on time from 800-827-1000, so I figure it was from a national call center. The lady was very polite, but she wasn't able to answer my questions, so she put me on hold while she and her supervisor researched my case. When she finally returned, she said that since my original claim (many years ago), was a 1151 claim and non-SC, that my second claim was a direct result of the first claim, and that I shouldn't even be rated service-connected. I immediately wished that I hadn't even made this call and I didn't agree with what she was saying. Actually, my first claim should have been SC and not a 1151, but I didn't appeal it, and won't go into that can of worms here. Anyway, I politely thanked her and told her that I had to go, and that I didn't need anything else. Now, I am concerned that they will send info about this "so-called mistake" to my regional office, which could cause a review, possibly including a new exam, along with all the unpleasant medical tests, etc...... For lack of better words, that would suck! I don't think there's any way they could lower my percentage, since I'm not getting better, but the idea of reopening my case is very unsettling, at this stage. I wonder if the fine folks on the help lines are trained to look for mistakes, report to supervisors, make changes to my status, or forward the info to regional office. I know now that I don't qualify for CHAMPVA, and that's the info I originally posted about,.........BUT, My new question to the forum is........Do I have a reason to be concerned about that phone call, or am I being paranoid?

Thanks for the replies. jbgasser, I registered at ebenefits and didn't see commisary privileges. It just shows that I'm 100% SC. The site is helpful though, and I appreciate the heads up. Berta, your stories are interesting and encouraging. I'm amazed at your understanding of the VAs inner workings. It's great to have you on here helping out. It sorta helps to level the playing field a bit. ;) I will be contacting my VRO, actually tried today without success, but will leave a call back number tomorrow. On a side note, eBenefits "historic claims" show that there have been 2 rating reviews in the past year and they appear to be completed, and it says that letters were sent to me, but I didn't receive them. On the same page it states "We apologize that your claim is past due". I haven't got a clue what that's all about. thanks

I understand that I'm required to be permanent & totally disabled for my wife to be eligible for CHAMPVA, and after several phone calls, I'm still confused about this. I was originally granted 100% compensation in the 1990s under 38 USC 1151 which was non-service connected. Several years later, as my health declined, I received a new rating which continued the original rating and added an additional illness which was also evaluated at 100%. At that time, I started receiving a special monthly compensation for being above 160%. I don't see P&T on any of my papers, but I did receive a letter from the VARO in 2007 stating that I'm not scheduled for a future exam since improvement of my disabilities is not expected. Then in 2012 I received a VARO letter saying that information used to establish my benefits had recently changed, and that I was enrolled in priority group 1 and that I was now rated 100% "Service connected". Should I send champva an application and let them figure all this out, or should I ask my VARO to readdress my case. My wife and I are a little apprehensive about stirring up any trouble with the VARO, and we wonder if we should just let sleeping dogs lie. :) Any help would be greatly appreciated.

The IRA was reported as an asset. I know the interest is income, but I wondered how an asset can become income. I suppose I can report the withdrawal and let the VA decide how to handle it. Glad2Bhere

My mother receives A&A and it's time to complete the EVR (Eligibility Verification Report). Last year she had to withdraw money from her small non-Roth IRA to pay for home repairs. Of course, it will be reported and taxed on her 1040 return, but should it be counted as income when filling out her EVR? thank you

My elderly mother was recently awarded A&A and I need to find info about the EVR (eligibility verification report). I understand that we will need to complete this form every year to qualify for continuing the pension. Where can I find specific answere to my questions below? thanks 1. Since family member(s) will provide most of the A&A, what kind of proof will the VA require to verify the payments made to the care givers? 2. If we have to sell her house, she will be over the income limit . Does this disqualify her for 1 year only since the income will only be reported on one tax return? 3. Selling her house will also put her over the asset limit (capital gain). Will she be disqualified until she eventually spends down the proceeds of her home sale?

No I'm afraid not Berta. Dad died over 20 years ago from non-service connected liver failure and was only 30% SC for asthma and lung issues. Retiredat44, I've heard about these dangers and thanks for the warning. I do live close enough to mom to keep an eye peeled for this sort of thing, and I will do just that. I'm sorry that you've had to go through such an awful experience. I'm sure there are some fine folks out there for in-home nursing care, but your story illustrates that there are also some dirty rotten scoundrels preying on the sick and elderly.

Berta, it's been a while but we didn't file for DIC because she didn't meet either the asset or income restrictions. Of course, the A&A limits are higher. I believe there might be a burial benefit available with A&A but I still haven't found the definite answer. Thanks, JAB

Berta and others, great news! My mother has been awarded Spousal A&A and she's as happy as I've seen her in a long time. Thanks for your feedback on this. New Question: Does receiving A&A make her elgible for any additional benefits? I'm not trying to get greedy but I want the best for her, at this point. I've Googled around and I keep running into this statement: "Anyone on Aid and Attendance also automatically qualifies for VA health care benefits" But, I can't find any specifics about the statement. Maybe this is for veteran's and not spouses, I just don't know. She has Medicare but she's had to do without medical needs, especially dental issues. As always, any feedback will be appreciated very much.

Does anyone know if mother would be eligible for DIC as my parent, since I'm 100% compensated for a 1151 claim? Also, I've already sent a 21-4138 (claim notification for A&A) to my VRO. Can I call them and have them to add DIC to it, or should I send them another 21-4138 for DIC and A&A? thanks again, JAB

Berta, I wasn't aware of this and I don't know how she could get DIC since dad's death wasn't service connected. I figured that mother was eligible for A&A, as implied below. Copied from http://www.veteranaid.org/eligibility.php I'd still like an opinion about having her examined by the VAs doctor, as opposed to her GP. thank you, JAB ELIGIBILITY FOR THE AID & ATTENDANCE PENSION Any War-Time Veteran with 90 days of active duty, 1 day beginning or ending during a period of War, is eligible to apply for the Aid & Attendance Improved Pension. A surviving spouse (marriage must have ended due to death of veteran) of a War-Time Veteran may also apply. The individual applying must qualify both medically and financially. To see the periods of war that have been qualified by Congress, Click Here. To qualify medically, a War-Time Veteran or surviving spouse must need the assistance of another person to perform daily tasks, such as eating, dressing, undressing, taking care of the needs of nature, etc. Being blind or in a nursing home for mental or physical incapacity, or residing in an assisted living facility also qualifies. Eligibility must be proven by filing the proper Veterans Application for Pension or Compensation. This application will require a copy of DD-214 (see below for more information) or separation papers, Medical Evaluation from a physician, current medical issues, net worth limitations, and net income, along with out-of-pocket Medical Expenses. To qualify financially, an applicant must have on average less than $80,000 in assets, EXCLUDING their home and vehicles.

Berta, no I've assumed that mother wasn't elgible for DIC since she has an IRA asset in the $40,000 range. Also, dad didn't die of service related issues, although he was 30% SC. If you're suggesting that she might be eligible for DIC because I'm 100%, my disablility was a 1151 claim. I still hope to get feedback about my original post. I will try the search tool, but I haven't been successful so far. Thanks

My mother is living alone in her 80s, and her health is failing to the point that she needs assistance to remain at home. She appears to be elgible for spousal A&A, because of my dad's service in WWII. I've been reading over the 21-534 application and I have questions. She's become unable to drive and needs assistance to leave home, needs someone to prepare meals, buy groceries, and monitor her diet. If left alone, she only eats junk food since it doesn't require preperation. She can still bathe herself, but wants and needs someone to help her into the bathroom and stand by the door, in case she gets dizzy or were to fall. She has too many medical issues to list here but mainly it's PMR (been on steroids for years), recurring infections that have occasionally required hospitalization, osteoperosis, digestive disorders, and malnutrition (IMO). First question: I don't know which of her doctors she should ask to fill out the doctor's form. I'm thinking her GP at her local clinic would do this, but he doesn't have access to the various records that the other doctors have. We also don't know what the doctor's report should state specifically, and what the VA case workers are looking for to qualify her..............we're wondering if it might be better to ask the VA to have their own doctor examine mother, since they would know what to look for. Secondly, her yearly income which consists of SS check, a small pension, and a small IRA withdrawal, amounts to a little over $10,000 a year. She can deduct her medical expenses, etc, and reduce that to $4-$5K or less. She recently began hiring "in home care" from the Visiting Angels, but she's only able to afford them for 3 hours, once weekly, which costs $50. She really needs them to come in 5 days a week 3 hours a day, which would be exactly $1,000 a month. Finally, my 2nd question: Can she state on the application that she needs to spend $1,000 a month for in-home care, and deduct that from her remaining income, or would the service need to be started first, before it could be deducted from her income? Thanks in advance & sorry for being long-winded, Glad2Bhere

I don't know how many Vets read these posts but if there's anyone that knows of a 1151 claimant that has been granted the ellusive "service-connected, permanent and totally disabled" status, please post the info, internet links or email me privately. If I could discover a predecent of this happening, I believe it would help my effort greatly. OTOH, if anyone knows for a fact that this CAN'T be accomplished, please let me know and I might have to put this thing to rest and forget about it. Jab

Stillhere, I don't get champus or educational benefits. They require the same SC P&T as the tax exemption. >>>I am surprised that VA did not award you P & T with the 100% 1151 and the SMC- Did they say why in that award letter? Berta, in my 1st 1151 award letter that granted me 100% comp, the decision ends with this sentence "Elgibility to Dependents' Educational Assistance is denied as the evedence does not show the veteran has a total service-connected disability, permanent in nature." Then, the 2nd decision (several years later) indicated that I have an illness that is secondary to the original 1151 claim, so both of these are considered 1151s and non SC. The SMC was granted in the 2nd decision. Remember, I was originally 30% SC before the VA hospital made mistakes in my treatment, causing all the trouble. The irony is that if I hadn't already been SC, I probably wouldn't have been at the VA hospital where I left a lot sicker than I was when I went in. :) I've spoken with the tax collector and the county judges office this morning and was politely told that I'm barking up the wrong tree and that they rely completely on the VA form letter to give the tax exemptions. I'm not giving up though.

Ricky, the DAV service-connected (P&T) is the only exemption. Taxes are frozen at their current amount if you are SSA disabled or when you turn 65 years old. I'm beginning to think that our state legislature made a concious decision to exclude 1151ers from the exemption. I agree that disabled SC Vets deserve all the breaks they can get and even more. The VA has determined that I'm totally disabled and although they don't use the word permanent, I'm not scheduled for any more "exams" (don't know the acronym) and this implies that it's permanent. Berta, maybe we're the Rodney Dangerfields of DAVs because we just "can't get no respect". :)

Tbird, thanks very much! This info is very helpful and I'm sooo glad I found this site. :)