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

[Bound4heaven]

Thank you all for your responses (Berta for all the regs and how to send the letter to the VA)

I ask the veteranhow much he was recieving from the VA and he responded, "$3,820.00. NOw please bear in mind that he has 7 dependents counting his wife. I hope this will help to figure where he is in the process.

Also please keep in mind prior to him being awarded 100% for Loss of use. He was rated at 90% IU P&T.

He had one 1 issue rated at 60% and several rated at 40%(If that matters which in regards to SMC I believe it doesn't)

I saw his award letter in which he was awarded the 100% loss of use, The gave him addtional comp (A higher level of SMC) because of his one rating at 60%.

No where in this award does it even hint at Aid & Attendence or homebound. Thank you all for your advice so we can help this Veteran. God bless.

Bound4Heaven

[Berta]

Gee- if I take the 100% rate for 1V and 1 S and 1 child plus SMC "S" and then add the 6 other kids I get

3426 per month- difference of 394---

are all children under 18? some over eighteen would give him higher comp and also does he have some K awards?

it is hard to figure this out-

I read the 100% plus SMC S award and then added the additional 70 for the children if all are under eighteen---

does he have any breakdown at all from the VA?

The 60% I am sure is independent SMC under "S" but then again- not 100% sure------

we need all our SMC experts here again---

Edited June 3, 2007 by Berta

[windy city]

Gee- if I take the 100% rate for 1V and 1 S and 1 child plus SMC "S" and then add the 6 other kids I get

3426 per month- difference of 394---

are all children under 18? some over eighteen would give him higher comp and also does he have some K awards?

it is hard to figure this out-

I read the 100% plus SMC S award and then added the additional 70 for the children if all are under eighteen---

does he have any breakdown at all from the VA?

The 60% I am sure is independent SMC under "S" but then again- not 100% sure------

we need all our SMC experts here again---

Question? IF you have a s/c that causes you to have loss of use of an extremity, can that be used as secondary to the condition which is already s/c and is causing you to have LOU.

[theotherguy]

It appears to me that the veteran is receiving the correct rate and there is no CUE here.

"L and 1/2" with a wife and child is listed as $3473 a month and with five additional children (assuming they are under age 18 it is $70 per kid) at $350 comes to a total of $3823 per month; just three dollars over the total Bound4heaven provided.

There would be no listing of A&A or housebound at this time. Under this circumstance his SMC is being paid based on loss of use of the lower extremities at "L" which is the same rate as A&A. The 60 percent disability for the spine is coming into play for a half step increase under "P" not for housebound at "S."

Please read back through the thread if you are wanting to know what you will need to do obtain in order to support a claim for A&A.

Windy City,

I'm not sure I understand your question. Could you provide an example explaining your scenario?

Edited June 4, 2007 by theotherguy

[windy city]

It appears to me that the veteran is receiving the correct rate and there is no CUE here.

"L and 1/2" with a wife and child is listed as $3473 a month and with five additional children (assuming they are under age 18 it is $70 per kid) at $350 comes to a total of $3823 per month; just three dollars over the total Bound4heaven provided.

There would be no listing of A&A or housebound at this time. Under this circumstance his SMC is being paid based on loss of use of the lower extremities at "L" which is the same rate as A&A. The 60 percent disability for the spine is coming into play for a half step increase under "P" not for housebound at "S."

Please read back through the thread if you are wanting to know what you will need to do obtain in order to support a claim for A&A.

Windy City,

I'm not sure I understand your question. Could you provide an example explaining your scenario?

If you have a disability that is service connected but that disability is causing you to have LOU of an extremity, can you claim the LOU secondary to the original s/c disability?

[theotherguy]

If you have a disability that is service connected but that disability is causing you to have LOU of an extremity, can you claim the LOU secondary to the original s/c disability?

Sure thing. This thread appears to be dealing with this same situation. The veteran has a significant spinal injury and subsequently lost the use of both feet.