House Bound & Aid & Attendence

[Bound4heaven]

Greetings,

In 2005 I was awarded 100% loss of use plus SMC (50%) based on addtional disabilities.

No where in the award letter does it state I was awarded House Bound. Should't I had been awarded housebound due to loss of use? in this award letter? I cannot find the CFR on house bound can anyone please give it to me?

On page 2 of the award letter it states this, "Please note that this level of SMC equates to the level of needing aid and attendence for activities of daily living plus addtional compensation for additional disabilities independently rated as 50% disabling"

What does this mean?

I was told by a service officer (Not mind just asked for his opinion) he said I receive A&A, however when I call the VARO they inform me that I was not granted A&A and that if I needed A & A I must apply for it.

Can anyone help me as I am bery confused. On my award letter it does not state they granted A&A only the my SMC equates to it and that is not the same as being awarded it.

Thank you all for your help and responses. God bless.

Bound4Heaven.

[john999]

If you are 100% schedular you should have been considered for housebound. If you have a hundred percent plus at least 60% for other disabilities you are entitled to some form of A&A. Keep asking because this is one of the most confusing areas of VA regs to me. I know Pete53 was awarded HB and he is 100% and he is asking that they go back and give him HB from the time he was awarded 100% because they are supposed to consider you for that from the get go. What is the amount of extra SMC you get since that should give us a clue as to what you are getting in the form of SMC. Their are all sorts of levels of SMC depending on what kind of loss of use we are talking about. Someone who lost both legs gets more than someone with the loss of use of a foot. You just keep asking and I am sure someone here knows this stuff because they are getting a level of SMC or A&A. What is your loss of use regarding if you don't mind explaining? I don't know if these things offset each other.

[Bound4heaven]

Dear John999,

Thank you for your reply. I am rated loss of use of bi-lateral feet. I have 7 dependents 1 is college but living at home so they pay me addtional $210.00 for her. As far as the addtional amount for my awarded SMC I don't know and neither does the VA. I can tell you what I make a month, but I have asked the VARO, wtote letters for a breakdown of my award payments, but I have not reveived anything from them. I have been after this for 3 years. They cannot even tell me what level of SMC I currently am rated.

I know of other veterans that have gotten housebound when they wrere rated 100% for loss of use of lower extriminities. I just e-mail the iris system. Everytime I contact them I always get differant answers.

I just want to know the stright story. It seems they know about my case , but no one at the RO will stick out their neck and say that we indeed made the mistake and we owe you 3 years of back pay.

How would one go about requesting this. I have search all of the CFR's, but I cannot find anything and I know I have seen this reg somewhere.

Thank you for listening I am just frustrated. God bless you all.

Bound4Heaven

[Pete53]

According to the VA you have to apply for A&A. John is correct that I applied last December and was awarded A&A in April. I have appealed their decision and asked for a Hearing with DRO cause I want to look straight into the eyes and have them explain to me why a Veteran has to ask for something that they are entitled to.

[Bound4heaven]

Dear Pete53

Please forgive me I don't understand your reply. You state you were awarded AA and you appealed their award? Please forgive me as I took my afternoon meds. Thank you and God bless.

Bound4Heaven

[Guest RickB54]

Housebound should be awarded automatically when a veteran has a 100% rating and a seperate 60% rating. Veterans should not have to ask for this, but many including myself have m because the va is not doing its job. HB is awarded upon receipt of medical evidence that indicates a veteran must have assistance in his daily living. Many people have loss of use but do not have A&A or HB. When requeting A&A or housebound it is advisable to have your primary care doctor write a statement or complete the A&A/Housebound form and submit it with the claim.

[Pete53]

I won but I appealed the effective date. It should not be up to the Veteran to ask for A&A when they are qualified under regulation at time of award.