Adaptive Equipment

[firstmarines]

Greetings,I have question about adaptive equipment . I was awarded loss Of use etc. I have not used the auto grant.Q. I put in for adaptive Equip. and I was denied air conditioning! Being that this is part of Title 38 ,can I appeal this to the R.O. Thank You Tommy

[sixthscents]

Did your primary care physician write a letter saying you needed air conditioning... that's all it takes for approival. If you suffer from a bone injury thenchanges in climate can affect your pain level, and so you need air conditioning... at least thats what mine said.

You have to have some kind of medical necessity though... and a doctors letter stating such. If you had this, I really dont see how they COULD have denied it.

[firstmarines]

Did your primary care physician write a letter saying you needed air conditioning... that's all it takes for approival. If you suffer from a bone injury thenchanges in climate can affect your pain level, and so you need air conditioning... at least thats what mine said.

You have to have some kind of medical necessity though... and a doctors letter stating such. If you had this, I really dont see how they COULD have denied it.

[Rich T]

VAH Handbook 1173.4 Section

n. Air conditioning may be furnished to eligible beneficiaries, whether or not they are capable

of operating the vehicle, when prescribed by a physician. Air conditioning may be considered for

veterans, when prescribed by a physician, who suffer from the following conditions:

(1) Spinal cord injuries.

(2) Neurological diseases when the condition of the individual is substantially worsened by

exposure to heat and humidity.

(3) Amputees who suffer from thermal regulatory dysfunction secondary to a loss of body

surface area when this equipment is necessary to maintain the body core temperature within the

normal range. It may also be provided to permit the effective use of artificial limbs; e.g., to

maintain suction in above knee limbs or to amputees who suffer a skin breakdown secondary to

increased sweating and irritation brought about by repeated contact with the socket wall or

suspension components.

Edited November 21, 2007 by Rich T

[Pete53]

Jeez everyone needs air conditioning with global warming and all.

[Guest rickb054]

Greetings,I have question about adaptive equipment . I was awarded loss Of use etc. I have not used the auto grant.Q. I put in for adaptive Equip. and I was denied air conditioning! Being that this is part of Title 38 ,can I appeal this to the R.O. Thank You Tommy

I can tell you from personnal experience that it is unlikely you will be awarded air conditioning unless you have a spinal cord injury, or a strong VA driivers testing examiner's statement.

In 1999, when I was first awarded adapted equipment, my pulmonary physician at the Fayetteville NC VA medical center has already indicated that I needed to remain in air conditioning between 69 and 72 degrees. When I requested reinbursement for vehicle adapted equipment the prosthetic's chief apparently assumed that I had been awarded AC due to a spinial injury and reinbursed me for it.

In 2004 after I had relocated to Texas, I purchased a new van and requested reinbursement for air conditioning. By this time I had two seperate perscriptions for A/C from two different pulmonary physicians, and one from a doctor at the spinal cord clinic.

Reinbursement was denied. I appealed and it was denied again. My case was sent to the BVA where it was again denied,

Finally when it made it to the court, an attorney from the PVA represented me and I won my case. In my case it was determined that because of my pulmonary condition (asthma/COPD) that air conditioning was a medical need. In my case the lawyer reached an agreement with the governments lawyers in other words a settlement without judical review.

It took a long time for me to win my case.

Recently the Auto adaptive equipment specialist at Audie Murphy Medical Center informed me that doctors do not have the authority to prescribe auto adaptive equipment that the recommendations must come from a va drivers examiner specialist. I was recently prescriped a/c along with a full size van with raised roof, power seat and all the other adaptive equipment.

Remember I stated that my case went to the BVA, and was denied. I am going to post a link to my case for your reading enjoyment. My case is a good example of why it does no good to cite BVA cases because BVA cases are not legally binding, and even though tI was awarded a/c at the court level , since it was a settlement it is not binding on the court.

The bottom line.. unless you have a spinal cord injury or have seen a va drivers training specialist I doubt you will be awared a/c. Also it will do you no good to appeal your case because the Regional office does not have the authority to over rule the prosthetic chief.

I recommend you get a referal to the drivers training specialist and try to get a prescription from them for the a/c other wise you will be getting hotter than hell fighting for something that no one other that the VCOA or the drivers training specialist can award. Best of luck

( oh one note: I have degenerative disc disease with siatiac nerve damage, that is why the doctor at the spinal clinic prescribed me the a/c but the prosthetic chief at the Temple VA denied my claim stating DDD is not a spinal injury for the purposes of a/c ... go figure)

http://www.va.gov/vetapp05/files1/0501527.txt docket 04-34 463

[sixthscents]

Huh, yet again the VA is inconsistent. I got it no problem with letter but I DO have a spinal chord injury... go figure.