Denial

[windy city]

just got my letter of denial for lou of lower extremities i was not surprised about that but what really got me confused is the following. Your a&a is terminated because the va feels that i do not need the assistance of another person but but your compensation will not change. I called the va today and i was told the same thing, I feel that something is up their sleeves because. How can they take my a&a and not reduce my pension, need serious uadvice on this one.

[Dorothy Kansas]

http://www.va.gov/vetapp99/files1/9906242.txt This is a case that may help someone.

[Philip Rogers]

Windy City - I think you only have something like "21 days" to appeal or request a hearing on the proposed reduction, so you better get you better get moving, if you haven't done it already. After that the reduction will take place and you will have to fight to get it reinstated. Remember, the VA & VA employees cannot be held responsible for anything the employees "say." I believe they gave you bad advice. All correspondence "must" be written, if you expect them to be responsible for actions/advise/information. It's easier to stop the reduction than to have it reinstated. jmo

pr

Called thVa regional office and asked them that why they were taking my a&a away but not reducing my compensation and they could not give me an answer. It doe not make sense especially when the va is hard to give money. I also told them that I had a note from my doctor saying that I continue to need A&A from another person, she told me to reopen my claim reconsidering A&A but I thought I had to place a NOD for the termination of my A&A. Super Confused on this and not trustworthy of the VA any advice is wecolmed.

[windy city]

Windy City - I think you only have something like "21 days" to appeal or request a hearing on the proposed reduction, so you better get you better get moving, if you haven't done it already. After that the reduction will take place and you will have to fight to get it reinstated. Remember, the VA & VA employees cannot be held responsible for anything the employees "say." I believe they gave you bad advice. All correspondence "must" be written, if you expect them to be responsible for actions/advise/information. It's easier to stop the reduction than to have it reinstated. jmo

pr

Should I place a NOD or a reopen claim, because it has not been more than 30 days.

[entropent]

"Your a&a is terminated because the va feels that i do not need the assistance of another person but but your compensation will not change."

sounds to me like they already took action to terminate a&a. they do not need to give due process notification under 38 CFR 3.105(e) unless monetary benefits will change. so if you want to disagree with the action, an NOD would be appropriate here. but if the money is the same, why worry?

a&a is generally intended for people who cannot dress, shave, toilet, or feed themselves, although i have seen it given for the severely mentally ill.

[windy city]

"Your a&a is terminated because the va feels that i do not need the assistance of another person but but your compensation will not change."

sounds to me like they already took action to terminate a&a. they do not need to give due process notification under 38 CFR 3.105(e) unless monetary benefits will change. so if you want to disagree with the action, an NOD would be appropriate here. but if the money is the same, why worry?

a&a is generally intended for people who cannot dress, shave, toilet, or feed themselves, although i have seen it given for the severely mentally ill.

Thanks for the reply and I will file a NOD because even thought they may not reduce my compensation one they my decide to do it and I wiil feel like a fool by having the opportunity to appeal it and did not do it. I will keep you guys in touch of this injustice by the part of the va.

[Philip Rogers]

Windy City - The action is already scheduled and will take effect automatically unless you appeal within, I believe, "21" days. I think you "must" request a hearing and that will forstall the reduction until a decision is made. Your comp doesn't change but you will lose the A&A money. Sorry I can't tell you more but I'm on the road now and don't have my Regs w/me.

pr

Should I place a NOD or a reopen claim, because it has not been more than 30 days.