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Ao Vet In Need Of Help


JR Reihs
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  • HadIt.com Elder

I met a AO Vet yesterday at the Docs office who was in for Chemo treatment, while talking to his wife I found out that he had been battling Non-Hodkins since 1989.

His wife told me that the VA rated him 100% in 89 as a secondary to AO exposure but reduced him to 10% soon thereafter, and his 10% was for PTSD. She was told by the VA that he would only recive 100% while he was on chemo for the AO.

The VA again granted him 100% in 1998 as his condition had worsened enough to warrant the increase , and this time it was P&T.

The VA denied him a power chair as he would not go to the VAMC for treatment. THe VA is a far distance for them to travel, and their vehical is not very worthy, plus he does not trust them.

This Vet has now lost most of his hearing due to this and is in a wheelchair. I asked his wife if they have ever applied for a Auto grant or a Housing grant. She told me the VA told her that the 100% was all they were entitled to.

They live in a 1967 modle trailer and drive a very old auto.....the wife just found out she was entitled to Champ VA which she jumped on.

I need some direction here. I think this Vet is entitled to the following.

Housebound-AA

SMC Award

Housing Grant

Auto Grant

SC for hearing loss, and most likley a higher award for PTSD, but already a 100%.

I also think by our discussion, there might be a CUE claim for the reduction in 1989 to 10% but that may come later after I see the C-file( This was sent for today)

Have I left something out?

I am just realy pissed that he has been shoved to the side. These are not well educated peeps and the VA knows it.

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Adaptive auto Equipment has a medical criteria found in 38 USCS 3902, and 38 CFR 3.808

Special adaptive Housing grants –also with a medical criteria-are explained within 38 USC 2101

I have a very good friend who I got NHL 100% plus SMC and that set him up for the Housing grant with no problem. He was able to get his entire bathroom remodeled to accomodate the residuals he had from NHL from AO. Those accommodations were directly due to his SMC AO NHL situation –but an unusual one from a separate claim he had- so-expecting a big VA battle –and spending much time on his claims – I was shocked that we had no problem with his claim at all and it was decided very fast But I was very familiar with his medical records –Mandatory to study for these types of claims- but I also relied heavily on the VBM published by NVLSP. These types of claims are often very detailed and can be very difficult.

The criteria within the regs determine how you have to shape the claim for the type of SMC and for these types of grants.

If he is solely 100% for the NHL then you need to build on that to get him into the SMC criteria in 38 USC 1114.

He might well need an IMO to fit into the Housing adaption grant from what I see here-Or the auto adaption grant.

Does he have complete loss of use of one or both of his lower extremeties?

Does he have ankylosis of one or both knees or one or both hips?

Is that directly due to his NHL?

The PTSD and/or the hearing loss –if they get rated at 60% or more (not combined as one has to be separate 60% rating-would provide SMC “S” award or Housebound award.

Here is one of the SAH claims at the BVA web site- denied but it shows you what you are up against.

http://www.va.gov/vetapp08/files4/0826459.txt

I was fortunate to have the time to help the NHL vet friend of mine-but this was years ago. Since then he has also gotten higher PTSD award and his overall SC disabling situation is technically at 290% with SMC separately at 60%.

These claims -particularily the grants-take a lot of time assessing and understanding the actual medical situation and an understanding of the residuals of NHL that would qualify him for higher types of compensation.

Some grants are easy- I have Navy Seal friend with amputation , PTSD, 100% plus SMC who also had no problem getting the housing grant.

It depends on lots of factors.

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  • HadIt.com Elder

Berta,

Thank you for your input on this, but I am to late, as I got a e-mail from this Vets wife that he passed on Sunday morning.

I did not know him, as I only met him the one time, but he was one of those country boys that worked hard and did not complain, and I guess that is why I am realy upset that he was shoved to the side by the VA and did not get the benefits he deserved and ultimatly died for.

I did get another E-mail from his widow today, she is frantic, and does not know what to do at this point as they sent off for the C-file on friday. I will be talking to her tomorrow to help her on the DIC claim.

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Geeeez thst is awful----that happens too much these days- Time is the enemy of vets more than the VA is.

The widow will need many copies of the Death Certificate.

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  • HadIt.com Elder

Thanks again I will make sure she gets them.

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