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How To Handle A Denial For Housing Allowance

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Testvet

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In the award letter issued in June where they granted my CAD and hypertension based on the BVA award, the RO wrote in the award letter that I still was NOT entitled to the 50,000 housing allowance as he found astatement somewhere in my medical file that my power chair was issued to me due to the 3 herniated disks in my back and not due to severe heart ejection fraction, <30% which SSD used to grant my SSD. MY SSD award was made before I was ever diagnosed with PTSD etc.

I got a copy of the decision letter by the Doctor that heads the panel that has to approve the issue of the power chairs at the VAMC they have a 3 doctor board that has to sign off on it, so no one is just passing the out to anyone that wants one.

History of present illness: The patient is a 48 yr old male who has a diagnosis of congestive heart failure, with a left ventricular ejection fraction of 25% by cardiac cath on 10-2-02, peripheral vascular disease, status post three vessel coronary artery bypass graft in Feb 1997, status post PTCA x2, coronary artery disease, status post myocardial infarction in 1993, History of CVA in Feb 1994, GERD, depression, degenerative joint disease, as well as degenerative disk disease of the lumbar spine. Recent CT scan of the head showed encephalomalacia for which he is taking antibiotics, History of tuberculosis exposure and positive chest X ray. He was referred by DR Joyce M. Duquette a primary care physician to evaluate the veteran for a motorized scooter as he cannot walk for any kind of distance without severe pain secondary to degenerative disk disease, degenerative joint disease of the knee and inoperable coronary artery disease secondary to congestive heart failure. This veteran was evaluated by Ms. Kathryn Jewett a physical therapist prior to evaluation in the wheelchair seating clinic.

Pertinent Physical Findings: As per Ms. Kathryn Jewett's evaluation and as per her presentation, this veteran is a 48 year old male who is alert and oriented to time , place and person. His vision is corrected with glasses. He is 5'11" tall and weighs 150 pounds. He is right handed. Both upper and lower extremity range of motion was within normal functional limits. Muscle strength is 5/5. Sensation is intact except infor lower left extremity. Coordination is intact. He transfers independently. He ambulates with a wheeled walker, however he has to stop inbetween if he has to walk about 100 feet, secondary to dypsnea on exertion. His endurance is fair.

Assessment: Congestive heart failure with an ejection fraction of 25% as per cardiac cath on 10-2-02, coronary artery disease, and other multiple medical problems.His endurance is fair.

Plan: The team felt that he would benefit from power mobility to increase his functional level as well as his independence, so power mobility with right hand controls and scooter lift were prescribed for him.

/es/ xxxxxxxx xxxxxxxxxxxxx M.D.

Staff Physiatrist

signed 9-26-2003 10:51

based on this statement should I ask the VARO to reconsider their denial of the housing allowance to adapt my home for the use of the power chair and should I ask for the auto allowance to haul the beast around?

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

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Test vet I am just going to give my opinion based on the law regarding the housing grant...

From what you posted you are not rated for loss of use of a lower extermity, blindness or loss of use of an upper extermity...

You are rated for degenerative disc disease, heart disease ( both organic diseases) and a knee condition

Based on the following I do not think you meet the schedular requirements for the housing grant which incidentally is now $63,780 due to a recent automatic anual increase. http://www.homeloans.va.gov/docs/SAH_Cost_...ction_Index.pdf

The Specially Adapted Housing Grant is available to veterans or servicemembers who are entitled to compensation for permanent and total service-connected disability due to:

a. The loss, or loss of use, of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.

b. Blindness in both eyes having only light perception, plus loss or loss of use of one lower extremity.

c. The loss, or loss of use, of one lower extremity together with

(1) residuals of organic disease or injury, or

(2) the loss or loss of use of one upper extremity.

http://www.homeloans.va.gov/docs/part1_va_...ev_10172008.pdf

.

Also someone mentioned you should be able to get the auto grant.. but...

A veteran or servicemember must have one of the following disabilities to qualify for the automobile grant:

· loss, or permanent loss of use, of one or both feet

· loss, or permanent loss of use, of one or both hands, or

· permanent impairment of vision in both eyes to a certain degree

http://www.index.va.gov/search/va/va_searc...utomobile+grant

Edited by Teac
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