Loss Of Use & Aa

[Bound4heaven]

Greetings to all,

I am helping another veteran with his claim for Aid & Attendence. This veteran was told he was awarded AA when he was rated 100% loss of use of both feet. I looked at his award letter of 2 years ago. Prior to him being granted the Loss of use he was already rated at 90% IU, T&P. The SMC he was awarded was due to a prior service connected disability rated at 60%.

I encouraged the veteran to contact our RO and ask point blank am I receiving AA. Well he did that and they told him no that he wasn't receiving AA but SMC.

Please correct me if I am wrong, but isn't a veteran granted AA when he is rated with loss of use of both feet? it only makes sense, however I know we are dealing with the VA after all.

The issue is this. This veteran thought he was reveiving AA because he was told by other VARO reps he was receiving SMC, however no caught the issue that yes he was receiving SMC, but not for AA.

I hope I am making sense. Any advice or regs that could help would be appriciated. God bless you all and thank you for your help.

Bound4heaven

[Berta]

No that isn't the A & A award-that is the "S" award-

A & A- he has to apply for that ---I suggest you read 1114 USC carefully or access some A &A BVA decisions-to see the criteria but

Something seems wrong with his award to me-

He should be getting 100% under DC 5110. Loss of use of both feet-

BUT he should also be getting SMC (L) too-

That is about a 600 buck difference whereas the SMC S is only giving him about -I forget- 250 more?

Now I am wondering how the S would affect the L award- but still even if he is only eligible for one of them- L brings him more money.

When was this decision rendered? Did he appeal it?

There could be definite basis for a CUE here if it became a final decision-

based on what I see here.

What is the 60% for?

The A & A might be the same amount as the L award.

BOY- I ALWAYS check these things to see if the vet was snookered-

I think he was----

did the VA make any comment at all as to why he did not receive the SMC L award?

[Pete53]

Thanks for helping a Veteran. Keep digging I think that you are right.

[Bound4heaven]

Dear Berta,

Thank you for your reply. This decision was rendered over 2 years ago. He has not appealed it, because in reality no one knew including his VARO what his true rating was. His award letter states he has been granted 100% due to loss of use of both feet, and SMC for a previous service connected issue prior rated at 60% (Lower back issues, DDD, spine issues).

He got yesterday a letter from his primary doctor at the VA outling that he meets all qualifications for AA. I am unsure how to proceed. I believe he should apply for AA asap. The other issues you brought up are concerning to me. His award letter states nothing about which grade of SMC he has only that he was awarded it.

He will not deal with any service officer, because of past bad expirences (Brings back my memories).

I do thank you. God bless.

Bound4Heaven

[Berta]

He should send them a letter requesting A & A and any evidence that supports the A & A criteria-

This raises an interesting issue -I hope others will respond-

He gets the "S" award as far as I can determine which is also comparable to HB award-so I am assumiong the A & A will be a separate award-

but didnt get the SMC -this case shows what I mean:

http://www.va.gov/vetapp00/files3/0021166.txt

I am sure this would be basis for a CUE since he did not appeal----

I am taking time off here for next week or so-but will try to check in during the week-and I will see what else I can find and help you to prepare a CUE claim-

As I understand this-

he had final unappealed decision and never NODed it.

the manifested outcome would be retro owed him if we can prove CUE-

I think the violation is right in M21-1 one of the same regs I used on my SMC CUE for accrued claim--

if the 60% is-as I understand it- independent award at about 250 a month? forget the S amount-

I surely believe at this point -they buggered this and we can fix it with the CUE claim.

Edited June 1, 2007 by Berta

[Berta]

PS Bound- Rich and Dorothy Kansas here are our SMC experts-

they might have some good inpout here too---

but as I see this-so far----- it is a bonafide and certified CUE.

For lack of SMC "L" when the med evidence -loss of use of both feet would warrant it- as within that case above and how I understand the "L" award.

[Bound4heaven]

Dear Berta,

Thank you and I will look deeper into the info you gave me. I do hope your time away is not due to health! Thank you for your continuing help on this matter. God bless.

Bound4Heaven