I applied for housebound / 50% + TDIU and A&A back in September of 2009. I recieved TDIU in May of 2009. I was on convelescent leave from March - May 2009 and recieved SMC for total rating plus 60%. This was based on my temp back rating of 100% and my Mental (50%) + Asthma (30%). Then they took it away in May 2009 stating I did not have the 100% rating anymore. After further research in my Veterans benefit manual (worth it's weight in gold) I found this:
The 100% ratings under 38 CFR 4.16 (TDIU) and 38 CFR 4.28 (prestablization ratings), 4.29 (ratings for disabilities requiring hospital treatment), and 4.30 (convelescent ratings) of the rating schedule may be used as a basis for entitlement for SMC. See VA Gen. Coun. Prec. 66-91 (Aug. 1991).
So I appealed the housebound (which I am) / plus 60%. Then I asked for A&A based on the dangers of my environment because of the weakness in my legs from my back and problems from my meds. I am on 30mg Oxycodone 3 x day, 40mg Oxycontin 3 x day, Ativan 1mg 3 x day, Zoloft 200mg 1 x day, buspar 20mg 5 x day, and muscle relaxers. What I had outlined was some of the incidents that happened to me which includes multiple falls in my house, I started 2 fires on the stove because I passed out, left burners on alot and walked away, flooded my garage because I walked away from a sink with the water running because I was in such severe pain.
I was a little worried about the exam because even though I am in severe pain all the time I dont meet any of the other criteria except maybe the danger part. However the examiner was candid and told me it was her first A&A exam. I think that benefitted me. Here is the diagnosis from the exam:
Diagnosis: Chronic pain secondary to failed L3-S1 fusion requiring increasing doses of narcatics that results in confusion, dizziness, and problems with balance. PT needs 24/7 supervision from his wife because he is at risk of injury to himself, and reports damage to their home as a result of some of the things he has done (leaving the water on, burning the heating pad.) PT reports being homebound because of chronic pain and panic attacks. PT has mod/severe functional impairment as a result of decreased ROM and subjective complaints. PT is currently unemployed and his wife manages his finances.
I hate to say it looks like I should get it knowing the VA but it does look ghood to me. Anyone have any comments or anyone recieving A&A under the danger category?
"The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive the Veterans of earlier wars were treated and appreciated by their nation."
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dav_marine72
Hi Everyone,
I applied for housebound / 50% + TDIU and A&A back in September of 2009. I recieved TDIU in May of 2009. I was on convelescent leave from March - May 2009 and recieved SMC for total rating plus 60%. This was based on my temp back rating of 100% and my Mental (50%) + Asthma (30%). Then they took it away in May 2009 stating I did not have the 100% rating anymore. After further research in my Veterans benefit manual (worth it's weight in gold) I found this:
The 100% ratings under 38 CFR 4.16 (TDIU) and 38 CFR 4.28 (prestablization ratings), 4.29 (ratings for disabilities requiring hospital treatment), and 4.30 (convelescent ratings) of the rating schedule may be used as a basis for entitlement for SMC. See VA Gen. Coun. Prec. 66-91 (Aug. 1991).
So I appealed the housebound (which I am) / plus 60%. Then I asked for A&A based on the dangers of my environment because of the weakness in my legs from my back and problems from my meds. I am on 30mg Oxycodone 3 x day, 40mg Oxycontin 3 x day, Ativan 1mg 3 x day, Zoloft 200mg 1 x day, buspar 20mg 5 x day, and muscle relaxers. What I had outlined was some of the incidents that happened to me which includes multiple falls in my house, I started 2 fires on the stove because I passed out, left burners on alot and walked away, flooded my garage because I walked away from a sink with the water running because I was in such severe pain.
I was a little worried about the exam because even though I am in severe pain all the time I dont meet any of the other criteria except maybe the danger part. However the examiner was candid and told me it was her first A&A exam. I think that benefitted me. Here is the diagnosis from the exam:
Diagnosis: Chronic pain secondary to failed L3-S1 fusion requiring increasing doses of narcatics that results in confusion, dizziness, and problems with balance. PT needs 24/7 supervision from his wife because he is at risk of injury to himself, and reports damage to their home as a result of some of the things he has done (leaving the water on, burning the heating pad.) PT reports being homebound because of chronic pain and panic attacks. PT has mod/severe functional impairment as a result of decreased ROM and subjective complaints. PT is currently unemployed and his wife manages his finances.
I hate to say it looks like I should get it knowing the VA but it does look ghood to me. Anyone have any comments or anyone recieving A&A under the danger category?
USMC 1st Battalion 1st Marines 1st Marine Division 91-95
100% P&T
"The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive the Veterans of earlier wars were treated and appreciated by their nation."
George Washington
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