Helplessness And Sah For Loss Of Use Both Lower Extremities

[Dorothy Kansas]

What else can I do Its has been almost 1yr since I was awarded SAH. Why did I not receive the rating for loss of use. I don't understand this I should have 2 ratings for loss of use and aid and attendance which I have had in effect for 8 yrs for something different.

I am paying for my own aids bec ause the paid hired agency aids and nurses keep sealing my medication. They are lazy. I am going bankrupt. I want to use my housing grant but I need money to pay the differnce when my home sales. Please someone help me.

[Berta]

"I don't understand this I should have 2 ratings for loss of use and aid and attendance which I have had in effect for 8 yrs for something different."

Did you file a NOD on the decision that didnt have these ratings?

How long ago did you send them the NOD?

There are three levels of aid and attendance :

Regular A & A 38 CFR 3.352

Special Aid and Attendance 38 CFR 3.350 (h) and 3.352(:)(1)(veteran must meet BOTH types of requirements

Special Aid and Attendance -Higher Level of Care- veteran must meet requirements of 3.350(h) ands 3.352 (B)(2)

and these higher levels can include combinations of anatomical loss or loss of use of.

Does the SAH decision (Special Adaptive Housing)or any past rating decision state what type (Level) of A & A you get?

It would say if the loss of use of has been factored into the A & A rating.

[Dorothy Kansas]

I filed a NOD immediately but they said you can't NOD on a full grant of benefit which was the SAH. I have reg A/A for helplessness, and additional K award and 1/2 step for 50 in combined. CAVC addressed this but the case was remanded back to BVA.Keeler vs Principi I think

[Berta]

Did you file a formal claim for the higher level of SMC?

Dorothy- I am no expert at all in SMC- I always have to read and re-read the regs and they still confuse me so I know others with SMC experience will chime in here-

I am concerned as to the SAH grant-was the grant depend on a new rating at all?

Do you have a copy of your C file that might reveal how they determined (or ignored the issue of a higher rating?)

"I filed a NOD immediately but they said you can't NOD on a full grant of benefit which was the SAH"

Odd- I had full grant of DIC but re-opened for DIC under a different scenario.I expected they would give me some BS at first then but they didnt-but an 800 # told me years ago ,when I asked for a status of this claim-that I should not have filed the re open as it would be denied as I already had a full grant of the benefit.

Instead of informing her of VA case law 101-I called 800 back and got the status.

Vets file NODs on full grants often as the VA has erred in the retro or something else-so I am puzzeled at their reply to you-

still we only get what we ask them for- has a formal claim for the higher level of SMC been claimed?

Do you have anything at all pending at the VA now?

[Dorothy Kansas]

Yes I do have an open claim for higher SMC and sc for upper neuropathy The SAH was for loss of use for lower extremities secondary to avn and neuropathy. I have hasked for a grant of smc of at least R1 although I have nurse practioner evaluating me twice a month and monthly lab work. I have had incontinence of bladder and bowel but they have failed to address this.

[Dorothy Kansas]

I have had a hard time getting my C-file and what I was able to get from my attorney they left out a lot of information. Has this regulation changed

8.11 LOSS OF BOTH LOWER EXTREMITIES AND SPECIALLY ADAPTED HOUSING UNDER 38 U.S.C. 2101

a. General. If entitlement to SMC under 38 U.S.C. 1114 exists on account of the loss, or loss of use, of both lower extremities, the veteran also meets the requirements for specially adapted housing under 38 U.S.C. 2101. Conversely, entitlement to specially adapted housing because of loss or loss of use of both lower extremities also meets the requirements for corresponding SMC entitlement.

Why have I not received the corresponding smc for LOU both lower extremities.

[Berta]

Can someone versed in higher SMC levels help Dorothy here?