Jump to content
Ads Keep HadIt.com Online. Consider Turning Off Ad Blockers to Keep HadIt.com Online! ×
  • 0

House Bound & Aid & Attendence


Bound4heaven

Question

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.

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

9 answers to this question

Recommended Posts

  • HadIt.com Elder

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.

Link to comment
Share on other sites

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

Link to comment
Share on other sites

  • HadIt.com Elder

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.

Link to comment
Share on other sites

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

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

  • HadIt.com Elder

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.

Link to comment
Share on other sites

  • HadIt.com Elder

Bound4

If you have the complete loss of use of both legs you should be getting a sinifcant amount of SMC. I think you are also entitled to adaptive housing money. Are you confined to a wheelchair or scooter? Perhaps I can look in the VBM and get a better idea of what you should be getting. If you 100% with dependents you get a certain amount for each dependent. No question you should be getting some more money for the loss of use and all the problems a person who has lost use of both legs should be getting. I don't know the exact amount but it is worth asking for every penny. For persons such as yourself the VA is supposed to do alot to make your life easier.

Link to comment
Share on other sites

I believe that the "S" award is factored into all higher levels of SMC.

As NVLSP states (VBM-2007 page 358)- the "S" award is not a building block to higher SMC ratings.

What I mean is the S award -as I understand the regs precludes the higher SMC ratings.

NVLSP says a vet with loss of use of One foot is entitled to the SMC K award-but with bilateral loss -loss of use of both feet -the veteran is entitled to the (l) award.

If you go to the VA web site and check the rates for SMC with your dependents- see if the "l" award is what they are paying you to see if it is the "L" award.

The new VBM lists as "regular Aid and Attendance"-38 UCS 1114 (l) and 38 CFR 3.352 with the rate for a single veteran as $ 3,075.(2007 amount)

In all of this VA mumbo jumbo I think you are definitely receiving the proper comp which includes A & A if you get $ 3,075 a month plus additional for your dependents as found on the VA web site under SMC rates.

My case is good example-

the VA could easily award posthumously- the "S" award for my husband.

I told them I dont want it.

The veteran was eligible by medical evidence for a much higher SMC award-

not along with the "S" but in place of the "S".

"S" awards are absorbed into higher levels of SMC.They are not awarded in addition to higher SMC rates (except for K awards)

I agree with what the VA letter said:

" 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."

"Equates" means being granted or awarded for it -in my opinion-as long as they are sending you the proper SMC comp-based on my understanding of 38 CFR 1114 and the VBM =you have been "awarded" the proper SMC rate.

Edited by Berta
Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines