Berta

[gdsnide]

Berta,

Since U have been my mentor on so many different things I wish to present to U my progress so far & any ideas &/or comments you may have.

I was talking to Rental Guy about this but him & another person got to flaming so I figured I'd come back to U.

Below see my evidence & I believe there is some more but I get tired of looking at all those papers.

Also, this is a copy of the one I had posted when I was talking to RG.

Thank you for all your help over the years,

Sincerly,

GARY

Post

#10

Chief Petty Officer

Group: Chief Petty Officers

Posts: 268

Joined: 18-September 05

From: Missouri

Member No.: 344

Old WebBoard Name: gdsnide

OK I have a question on A & A

I suffer from Epilepsy & need some one with me all the time as I am liable to have a seizure at any time.

Also, I can't drive, my short term memory is shot & am always losing things as I can't remember what I did with them.

I put in for A & A & every Doc I see at the VA wrote an Opinion that I need A & A.

Docs include Shrink,Psychologist,Neurologist,Primary & an IMO from a Neurologist.

Does this sound like a good claim?

Also, I am 100% T & P because the Epilepsy was caused in the Military.

If anyone thinks this claim may win ( Sent it in June 4) could said person give me an idea of the money I may get.

Also, have been diagnoised with Dementia by the Shrink,Neuroligist & Psycholigst. Psycholigist said it was getting worse & I needed A & A 24 hours a day.

THANK YOU for your time.

GARY

Berta, I have always gotten good advice from U so I am back with more questions.

Any ideas,guesses &/or advice will be very appreciated as they have always been when I have asked U for help in the past. Thank You.

Sincerly,

GARY

[halos2]

Berta,

I too have a question regarding the elgibility of one at 100% as an 85 yr old WWII vet recently was hospitalized and prior was able to get around on own and was discharged from the hosp 14 days later to a private nursing home...(closest to his own home). His VSO and his VAMC said he would have to pay per self for care,($4000 and up less med A and some private insurance per month).

They both said he is not eligible for A & A as he gets max benefit at 100%. However he was informed he could move into a State VA Home(when bed is available) at a cost of $1800. per month, or else move into a VA contracted nursing home for free. Does this seem to be the rule?

Isn't it odd to go a State Veterans Home he pays, but federal will pay for him in a regular VA contracted nursing facility.( They will pay his entire cost, he gets to keep all of his checks, all his property,etc)

So if this is the "rule" could it be why gdsnide has not been granted A & A? :P

The VSO did comment that if he were 170% there was a possibiity he could have been eligible for A & A and help would enable him to go home and receive this care...any clues to this either?

Hello Carlie, Hoppy, anyone else know??

Edited August 16, 2008 by halos2

[Berta]

Gary =with medical statements that you need A & A,that have a full medical rationale in them- I dont think the VA would deny this

Regular Aid and Attendance (38 USC 1114 (l) (38 CFR 3.352)

The rates including dependents are at the VA web site under the Compensation icon.

A single vet gets $3,145 p/m for the "L" award.

Edited August 16, 2008 by Berta

[gdsnide]

Gary =with medical statements that you need A & A,that have a full medical rationale in them- I dont think the VA would deny this

Regular Aid and Attendance (38 USC 1114 (l) (38 CFR 3.352)

The rates including dependents are at the VA web site under the Compensation icon.

A single vet gets $3,145 p/m for the "L" award.

Berta,

Well, I'm married so that's a few dollars more.

Is an L award the standard award?

Is it a good idea to nod an L & try for a higher award?

Also, if one does this... & if I filed a NOD would I be receiving Comp. for the L Award during the time it takes to get paperwork processed at the RO?

Is it worth the trouble to bring in an Attorney to try & get a higher award?

Or is it next to impossible to get above the L Award?

Thank you once again for the information.

GARY

[Berta]

If you are awarded the "L" award but medical evidence shows you should get next higher award-then it is best to NOD the award.

SMC is one of the most complex scenarios that vets can find themselves in- as there are many combos of SMC that qualify for higher awards.I dont have permission to re-print all these different types of SMC awards here from the VBM- the info is extensive

NVLSP makes the p[oint that from 38 USC 1114 "L" to "O" the claims usually involve at that point-

"1. anatomical loss or loss of use of an extremity at three levels-(such as ankle,knee,hip)or

2.Anatomical loss or loss of use of upper extremity at three levels- or

3. visual impairment at three levels -which they7 explain in the VBM

Still there are many combos as well-

there are some SMC experts here-

and the BVA site is a good way to see how these claims are awarded.

Once any award is made-the comp comes whether we NOD the award or not-

and it all depends on the medical evidence-

I wouldn't get a lawyer involved until you formally file a NOD (to meet the lawyer regs)

but they will only be able to work with the medical evidence -and that is what will or wont get a higher SMC rating.

[Berta]

Halos- the vet you mentioned-

it sounds like the VSO should help him apply for SMC.

Still I dont know if this vet is on Tricare, Medicare, or only gets VA comp?

He could even have POW status or maybe the PH- ???

It is hard to say if he is even eligible for SMC.And why the VSO has not helped him apply for it yet.

[gdsnide]

If you are awarded the "L" award but medical evidence shows you should get next higher award-then it is best to NOD the award.

SMC is one of the most complex scenarios that vets can find themselves in- as there are many combos of SMC that qualify for higher awards.I dont have permission to re-print all these different types of SMC awards here from the VBM- the info is extensive

NVLSP makes the p[oint that from 38 USC 1114 "L" to "O" the claims usually involve at that point-

"1. anatomical loss or loss of use of an extremity at three levels-(such as ankle,knee,hip)or

2.Anatomical loss or loss of use of upper extremity at three levels- or

3. visual impairment at three levels -which they7 explain in the VBM

Still there are many combos as well-

there are some SMC experts here-

and the BVA site is a good way to see how these claims are awarded.

Once any award is made-the comp comes whether we NOD the award or not-

and it all depends on the medical evidence-

I wouldn't get a lawyer involved until you formally file a NOD (to meet the lawyer regs)

but they will only be able to work with the medical evidence -and that is what will or wont get a higher SMC rating.

Berta,

Then, if & when, I get an L award I may as well stop as all I have is Mental Problems from the SP's beating on my head in 1967.

I have presented these problems & what the VA Docs say so I guess I will settle for what ever they do

I suppose the only way I will file a Nod is if they don't go back to the date I filed.

I AM MISSING NO LIMBS,ETC.

Once again Thank U for the advice.

Sincerly,

GARY

One more question... Would it be a good idea to contact one after a decision is made & see if he can do any good.

Will keep U updated.

Again.....THANK YOU