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Nursing Home Care

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Guest morgan

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Guest morgan

Guest morgan

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If a disabled veteran (rated 100%) has to go to a nursing home at the end of life, does his or her VA disability compensation stop?

Carrie

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john999 Grand Master

john999

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100% service connected disabled vets are entitled to nursing home care at VA expense. This is one of the benefits of being 100%. Actually 70% and above are entitled to nursing home care. I don't see how you compensation would be affected.

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Berta

Berta

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I have been trying to find a concrete answer on the compensation question-

Morgan- that is a good question-

Since the regulations for VA nursing home care require that the need for this care either be directly for a service connected disability or for any reason for nursing home care in any veteran rated combined at 70% SC or over-

vets on Pension get a reduction of their pension as it ties in Medicaid. (38 USCS 5503) but I have found nothing yet in the VBM that is clear as to your specific question.

The VBM states that a "veteran receiving service connected disability compensation who has been admitted to a Medicaid covered nursing home may find that electing to receive VA improved pension over compensation may provide more money for personal use."

This suggests that the VA uses the MAPR criteria to determine the actual income of the veteran.

But this part of the regs is crucial and might be part the answer you need:

I am typing it as the VBM states it all-

"The following groups of veterans are exempt for any nursing home care co-payment:

1. A veteran with a compensatable serivce connected condition

2. a veteran whose annual income is under the maximum annual pension rate,

3. a veteran who requires nursing home care for his or her noncompensable zero percent service connected disability,

4. a veteran whose extended care services began on or after November 30,1999,

5.Veterans authorized to receive care under 38 USC 1710 (e)-meaning certian heribicide exposed,radiatio exposed veterans., Persian Gulf War veterans or post-Persian Gulf War combat exposed veterans, and

6. a veteran reguiring care for treatment of sexual trauma and

7.a veteran requiring treatment fir certain cancers of the head or neck.

All other veterans must pay a co-payment for nursing home care-

still this info in the VBM and it is quite extensive-does not answer your question---in black and white-

The first quote from the VBM above suggests that even 100% vets have to consider that some of their comp would be generated to their care.

The VA web site might well have much more detailed info-and the VBM has listed considerable regs involving this type of care-but still none seem to be specific as to direct compensation and nursing home care.

Has anyone out there experienced this-

100% SC vet and nursing home care?

Did the vet need to file something like a MAPR?

Is some of or all of the VA comp check allocated to his/her dependents?

I feel frustrated after searching for this answer quite some time already-

and not finding anything in the regs to help Morgan.

This is a very good question and many here might need to know the answer here someday-hope not- but you never know.

The VBM cites 38 CFR 17.49 however for and Manual M-5 Part Viii as referring to the types of nursing home care.

That also ties into your question-

The VA co-ordinates and pays partially or totally for three types of nursing home care:

1. NHCUs - Nursing homes on grounds of or close to and affiliated directly with VAMCs.

2.CNHs -community nursing home care-

we have these around here- these are homes that have been altered to accomodate wheelchairs ramps , bathroom accessories for disabed, etc and are run by qualified caretakers and that have a contractual arrangement with the VA.

3. State run Nursing homes that are VA approved and that VA may pay part of the care.

It depends on what type of facility as well as the length of time the nursing home stay will tenatively be for - and many other regs are involved too-

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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rattattat Enthusiast

rattattat

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My husband was in a nursing home for 6 months before he died. He became 100% SC while in the nursing home and the reason he was in the nursing home was due to his SC disability. He did not lose any of his compensation while he was in there either before of after he became 100%.

Hope this helps.

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john999 Grand Master

john999

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My Aunt got a suvivor benefit for over 50 years and she continued to get it while in a nursing home. She first got the DIC in 1939 and continued to get it until the year 1999 when she died.

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Guest morgan

Guest morgan

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Posted (edited)

Thanks everyone for your help. I usually can find answers to my questions, but on this one, no clear answer. BUT again, hadit helps. I sincerely appreciate all of your responses.

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