Help With C&p For A&a

[tdak]

Hi,

What does the VA consider for aid and attendance? I do not cook every meal for myself or my family depending upon weight and preperation of meal. I cannot shower unless someone is home. I have had to have my husband wash my back and hair quite often because I cannot. I do not do laundry because I cannot lift it, so again my husband or kids do the laundry, dishes, cleaning, help with shopping. Does this count?

I have my C&P Friday and I do not know what to expect. My doctor wrote a letter some time ago, but I never expected A&A. The VA actually just sent a letter stating deferred A&A, pending info.

Do I have a chance at getting A&A by what I stated? My doctor wrote I get help with daily activities.

I just wanted to put a quick note, I have loss of use (muscle weakness/ pins and needles daily) on the left side of my body from a brain stem hump and residuals from brain surgery.

Thanks.

Edited March 25, 2008 by tdak

[Josephine]

I wish you the best.

Betty

[rentalguy1]

It sounds to me like you meet the criteria for A&A. I am also being considered for it, so if you have any kind of a C&P for it, please post your experience, so I may know what to expect.

Here is the criteria for A&A (It falls under 38 USC 1114(l), and is paid at the "L" rate for basic A&A, not a "higher level.":

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 3_ADJUDICATION--Table of Contents

Subpart A_Pension, Compensation, and Dependency and Indemnity

Compensation

Sec. 3.352 Criteria for determining need for aid and attendance and

``permanently bedridden.''

(a) Basic criteria for regular aid and attendance and permanently

bedridden.

[[Page 267]]

The following will be accorded consideration in determining the need for

regular aid and attendance (Sec. 3.351©(3): inability of claimant to

dress or undress himself (herself), or to keep himself (herself)

ordinarily clean and presentable; frequent need of adjustment of any

special prosthetic or orthopedic appliances which by reason of the

particular disability cannot be done without aid (this will not include

the adjustment of appliances which normal persons would be unable to

adjust without aid, such as supports, belts, lacing at the back, etc.);

inability of claimant to feed himself (herself) through loss of

coordination of upper extremities or through extreme weakness; inability

to attend to the wants of nature; or incapacity, physical or mental,

which requires care or assistance on a regular basis to protect the

claimant from hazards or dangers incident to his or her daily

environment. ``Bedridden'' will be a proper basis for the determination.

For the purpose of this paragraph ``bedridden'' will be that condition

which, through its essential character, actually requires that the

claimant remain in bed. The fact that claimant has voluntarily taken to

bed or that a physician has prescribed rest in bed for the greater or

lesser part of the day to promote convalescence or cure will not

suffice. It is not required that all of the disabling conditions

enumerated in this paragraph be found to exist before a favorable rating

may be made. The particular personal functions which the veteran is

unable to perform should be considered in connection with his or her

condition as a whole. It is only necessary that the evidence establish

that the veteran is so helpless as to need regular aid and attendance,

not that there be a constant need. Determinations that the veteran is so

helpless, as to be in need of regular aid and attendance will not be

based solely upon an opinion that the claimant's condition is such as

would require him or her to be in bed. They must be based on the actual

requirement of personal assistance from others.

[donews]

Yes, please keep us posted as I have an application in for A&A also.

I am actually asking for a higher A&A based on me having a health aide and RN come to my house several days a week to assist me and for pain management.

I currently receive non VA hospice care, but that might go away at any time.

[tdak]

I will definitely keep you all posted. It is very confusing to read, but what isn't with the VA. B)

tdak

[Rich T]

I found time to locate the exact exam questions that will be asked at the C&P go http://www.hcvets.com/data/va_news/compensation_exam.htm and click on Aid and attendance.

[rentalguy1]

Narrative: Once the existence of at least one permanent disability rated at 100% has been established, additional benefits may be payable if the veteran requires:

Well, that's a bunch of crap right there. Nowhere in the 38 CFR 3, or in 38 USC 1114 does it say that the vet has to have a disability that is either total (100%) or permanent. It only states that the need for regular A&A has to arise solely from a service connected disabilty (no percentage given).