tdiu Is Aa Only For Those With A Pension

[bigmuny]

I've read so much that I am so confused. I read in order to get Aid and Attendance one needs to be receiving a Pension and not Compensation. I applied in 2002 for Aid and Attendance and received it. My monthly payment is $654 and with the "K" award I get another $96 dollars. Now add my Spouse and wife it all comes out to $3693 a month under the SMC "L" column. Now am I or am I not receiving Aid and Attendance, lost my paperwork in a move and via the IRIS they state I am receiving AA but we know how right they can be most of the times. Can a Veteran who is Service Connected and is TDIU and his disability percentage is 94% receive Aid and Attendance. Or am I receiving something else?? I can't find the amount they pay one for the Housebound rate but I understand it is less than AA?? I may be in real trouble because I just filed for a higher entitlement to AA based on a greater need. If they go in and see whereby they have been paying me wrong since 2002 then that is going to be a hefty overpayment don't you think?? So should I withdraw my claim?? Somebody tell me something please..thank you everyone...

[Berta]

I am confused here too-

How much is your actual VA compensation check every month?

A vet can be eligible for and receive A & A whether they are getting pension or VA compensation.

Do you get anything called the "Q" SMC rate or does your spouse also get A & A of 136 that would be included in your comp?

I dont even see 3,693 under the SMC rates.

[Pete53]

I have AA and am 100%

[bigmuny]

I am confused here too-

How much is your actual VA compensation check every month?

A vet can be eligible for and receive A & A whether they are getting pension or VA compensation.

Do you get anything called the "Q" SMC rate or does your spouse also get A & A of 136 that would be included in your comp?

I dont even see 3,693 under the SMC rates.

Sorry I made a mistake..it should have been spouse and parent and not spouse and wife..that sounds dumb huh..anyway you have to look under the SMC rates under the "L" colum with a spouse and one parent as dependents then add the $96 for the "K" award and that will add up to $3693...

Without the K award it is $3597. So I guess I am getting paid at the "L" rate for Aid and Attendance. I just recently filed for what they call a Higher Entitlement to Aid and Attendance. Basically due to my needs getting worse I have requested an increase to a different rate then when I started reading where it said only those on a Pension can receive AA I started to get worried thinking they may have made a mistake 7 years ago when I received AA and now I am going to be faced with all this overpayment..that would be a bummer of a day. I mean not to sound nasty but I have started wetting myself uncontrollably and my doc says it could be my meds or nerve damage. Being that I just had a C&P for an appeal that I have for a Housing Grant I unfortunately wet myself while I was being examined and my home health aide had to clean it up..damn you talk about embarrasing..that's why I refuse to go out any at all for fear of that and I sure don't want to be hooked up to a bag..if things get too bad I can always take the 38 cent bus ride...Berta do you have a home health care worker come in to help you and if so how much do they charge you??? Mine charges me $10 an hour..so what the VA pays me for AA I can get her to come in 2 times a week at 8 hours a day or 4 times a week at 4 hours a day..she prepares all my food for the week and cleans house and helps me shower, cuts my hair and toenails and other things..she lays my meds out for the week, all except my pain meds..I let a health care worker lay those out for me once and ended up missing them for some odd reason..swears up and down she didn't get them..yeah right..over 300 methadone tablets and 150 morphine ir tablets..I imagine on the streets those are worth a bit of money..someone said about $10 each so she stole over $4000 worth of pills from me. My fault trusting people I guess. But I don't do that anymore..Hope this answered you question..sorry it took so long to get back but I have been in some really bad pain the past few days..good luck Berta..

Without Children, SMC-L through SMC-N

Dependent Status L L½ M M½ N

Veteran Alone $3,327 $3,499 $3,671 $3,923 $4,176

Veteran with Spouse $3,477 $3,649 $3,821 $4,073 $4,326

Veteran with Spouse and One Parent $3,597 $3,769 $3,941 $4,193 $4,446

Veteran with Spouse and Two Parents $3,717 $3,889 $4,061 $4,313 $4,566

Veteran with One Parent $3,447 $3,619 $3,791 $4,043 $4,296

Veteran with Two Parents $3,567 $3,739 $3,911 $4,163 $4,416

K $96 Usually added to other rate or paid as the rate when percentage is zero.

[sharon]

Who Is Eligible For Aid and Attendance? Individuals in the following categories may qualify for Aid and Attendance (A&A) status under 38 CFR 3.352 (M21-1MR, Part V, Subpart iii, Chapter 2, Section A.1.a)

• A veteran who is receiving or is eligible for Non-Service Connected Disability Pension under 38 U.S.C. 1521(d)
  
  • A veteran’s spouse, if the veteran is receiving additional Service Connected Disability Compensation for him/her under 38 U.S.C. 1115
    
    • A surviving spouse or parent receiving Dependency and Indemnity Compensation (DIC) under 38 U.S.C. 1311© or 38 U.S.C. 1315(h), and
      
      • A surviving spouse receiving Death Pension under 38 U.S.C. 1541(d), or Death Compensation under 38 U.S.C. 1122.
        
        
        What Medical Conditions Establish Need For Aid and Attendance? Aid and Attendance is established when the claimant demonstrates that he or she is:
        • Blind or so nearly blind as to have corrected visual acuity of 5/200 in both eyes or concentric contraction of the visual field to 5 degrees or less.
          
          • OR, is a patient in a nursing home [or custodial care, assisted living, etc.] because of mental or physical incapacity.
            
            • OR, demonstrates an inability to dress or undress himself or herself.
              

            [*]OR, to keep himself or herself ordinarily clean and presentable.

            [*]OR, frequent need for adjustment of any special orthopedic or prosthetic device.

            [*]OR, inability of the claimant to feed himself or herself through loss of coordination of upper extremities or through extreme weakness.

            [*]OR, inability to attend to the wants of nature. (i.e.: incontinence)

            [*]OR, incapacity, physical or mental, which require the aid and attendance of a third-person to protect the claimant from hazards or dangers incident to his or her daily environment. (38 CFR 3. 352(a) and 3.351©.

            [*]NOTE: It is not required for a claimant to have all of the disabling conditions or any combination of them to obtain a favorable rating. It is only necessary to determine that the regular (not necessarily constant) need exist. (38 CFR 3.352(a).

[Pete53]

I am SMC S Rating and the VA sends out a nurse 2 times a week to take my blood pressure temp and ask how I am doing. They send an aide out twice a week who helps me wash and clean my feet and than rubs cream to prevent cracked feet. Since I have had this the swelling has gone out of my ankles and my feet feel much better. I don't pay but we do have a lady who cleans house that we pay 75 dollars for one day a week.

I guess that my suggestion to you is that you could ask your primary doc to request help and than someone at the VA a Social Worker could help you defray some of your costs.