Has Anyone Gotten A Personal Call From Varo On Regards To Their Claim?

[tdak]

Has anyone gotten a call from VARO on regards to their claim? I got one today due to the fact that I am trying to get 100% schedular so I can hopefully get some A&A rather than the 100% IU I already receive.

The person was like, well you already get 100% so why would you want to break out they other claims and have them rated separately, it won't change your rating. I was actually getting upset by them because of that. Who wouldn't want their claims listed separate, I mean if you (the VA) owe me benefits, comp, what I deserve (however you would like to put it) then rate them separate.

In order to get A&A you need to be 100%, so I really need them listed separately like they were supposed to be in the beginning. In all fairness, my secondary claim was sent in that was over a year ago and they dropped the ball and forgot that part of my claim unlit my rep mentioned it to them.

Well after about 10 minutes when I explained to them all of my issues(the several dozen that I have), their tune changed and realized that oh yeah they need to be rated separately and they would take my statement down, gee how nice of them.

I was told I should get a decision in a few weeks....hmmmm. I won't hold my breath waiting.

[carlie]

Hi there,

Good to see you posting again ! Yes, VARO has phoned me about questions on my claim.

After the phone call I filled out a 21-4138 and submitted (got a date stamped copy) it to VARO to confirm my understanding of what was discussed in the call.

Other's will chime in and I'll come back to this thread a bit later.

carlie

[tdak]

HI Carlie,

How are you! I haven't been at my best. (the winter kills me). I realllllllllllly want to move to a warmer climate(been trying to talk the hubby into it for some time now, he says 3 more years for his 20, yuck). Thanks for the input. This is the second time they have called me on this same claim. I swear goons work there some days, ok. not all goons, but a lot of them. Gosh jut wish it were done already.

[Pete53]

I think that you are wrong about A&A or whoever is telling you. I think that you can get A&A starting at 60%. It actually has nothing to do with TDIU. A&A is also offered to spouses and Veterans on Pension.

I anxiously await to see what others come up with.

[carlie]

§ 3.352 Criteria for determining need for aid and attendance and “permanently bedridden.”

(a) Basic criteria for regular aid and attendance and permanently bedridden. The following will be accorded consideration in determining the need for regular aid and attendance (§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.

(b) Basic criteria for the higher level aid and attendance allowance. (1) A veteran is entitled to the higher level aid and attendance allowance authorized by §3.350(h) in lieu of the regular aid and attendance allowance when all of the following conditions are met:

(i) The veteran is entitled to the compensation authorized under 38 U.S.C. 1114(o), or the maximum rate of compensation authorized under 38 U.S.C. 1114(p).

(ii) The veteran meets the requirements for entitlement to the regular aid and attendance allowance in paragraph (a) of this section.

(iii) The veteran needs a “higher level of care” (as defined in paragraph (b)(2) of this section) than is required to establish entitlement to the regular aid and attendance allowance, and in the absence of the provision of such higher level of care the veteran would require hospitalization, nursing home care, or other residential institutional care.

(2) Need for a higher level of care shall be considered to be need for personal health-care services provided on a daily basis in the veteran's home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional. Personal health-care services include (but are not limited to) such services as physical therapy, administration of injections, placement of indwelling catheters, and the changing of sterile dressings, or like functions which require professional health-care training or the regular supervision of a trained health-care professional to perform. A licensed health-care professional includes (but is not limited to) a doctor of medicine or osteopathy, a registered nurse, a licensed practical nurse, or a physical therapist licensed to practice by a State or political subdivision thereof.

(3) The term “under the regular supervision of a licensed health-care professional”, as used in paragraph (b)(2) of this section, means that an unlicensed person performing personal health-care services is following a regimen of personal health-care services prescribed by a health-care professional, and that the health-care professional consults with the unlicensed person providing the health-care services at least once each month to monitor the prescribed regimen. The consultation need not be in person; a telephone call will suffice.

(4) A person performing personal health-care services who is a relative or other member of the veteran's household is not exempted from the requirement that he or she be a licensed health-care professional or be providing such care under the regular supervision of a licensed health-care professional.

(5) The provisions of paragraph (b) of this section are to be strictly construed. The higher level aid-and-attendance allowance is to be granted only when the veteran's need is clearly established and the amount of services required by the veteran on a daily basis is substantial.

(Authority: 38 U.S.C. 501, 1114®(2)) © Attendance by relative. The performance of the necessary aid and attendance service by a relative of the beneficiary or other member of his or her household will not prevent the granting of the additional allowance.

[41 FR 29680, July 19, 1976, as amended at 44 FR 22720, Apr. 17, 1979; 60 FR 27409, May 24, 1995]

[rentalguy1]

I have received calls fromt he VARO, too.

BUT...there is ABSOLUTELY NO PERCENTAGE REQUIREMENT IN THE REGS FOR AID AND ATTENDANCE!

Sorry, but I've been hearing this a lot lately, and since I have a claim in for it as well, it bugs me a bit. There is nothing that says the vet cannot work, either. Imagine a quadraplegic vet that is confined to a chair and needs help to do most everything...you gonna tell me that he can't receive A&A because he is able to move his motorized chair with his chin and design software 8 hours a day? Come on...

[les]

I have never received a call from the varo untill 15 minutes ago. My dro appeal has been going on for 4 years now and the varo called me about the vcaa notice responce form to have my claim decided asap or wait the 30 days for more information. I sent it back in saturday electing to have my appeal decided asap. I just saw this post (has anyone recieved a call from varo) and it blew me away being after 4 years and receiving this call. when I saw your post. Have a great day! Les