Need Help Applying For Aid & Attendance

[JAB]

My mother is living alone in her 80s, and her health is failing to the point that she needs assistance to remain at home. She appears to be elgible for spousal A&A, because of my dad's service in WWII. I've been reading over the 21-534 application and I have questions.

She's become unable to drive and needs assistance to leave home, needs someone to prepare meals, buy groceries, and monitor her diet. If left alone, she only eats junk food since it doesn't require preperation. She can still bathe herself, but wants and needs someone to help her into the bathroom and stand by the door, in case she gets dizzy or were to fall. She has too many medical issues to list here but mainly it's PMR (been on steroids for years), recurring infections that have occasionally required hospitalization, osteoperosis, digestive disorders, and malnutrition (IMO).

First question: I don't know which of her doctors she should ask to fill out the doctor's form. I'm thinking her GP at her local clinic would do this, but he doesn't have access to the various records that the other doctors have. We also don't know what the doctor's report should state specifically, and what the VA case workers are looking for to qualify her..............we're wondering if it might be better to ask the VA to have their own doctor examine mother, since they would know what to look for.

Secondly, her yearly income which consists of SS check, a small pension, and a small IRA withdrawal, amounts to a little over $10,000 a year. She can deduct her medical expenses, etc, and reduce that to $4-$5K or less. She recently began hiring "in home care" from the Visiting Angels, but she's only able to afford them for 3 hours, once weekly, which costs $50. She really needs them to come in 5 days a week 3 hours a day, which would be exactly $1,000 a month. Finally, my 2nd question: Can she state on the application that she needs to spend $1,000 a month for in-home care, and deduct that from her remaining income, or would the service need to be started first, before it could be deducted from her income?

Thanks in advance & sorry for being long-winded,

Glad2Bhere

[JAB]

Does anyone know if mother would be eligible for DIC as my parent, since I'm 100% compensated for a 1151 claim?

Also, I've already sent a 21-4138 (claim notification for A&A) to my VRO. Can I call them and have them to add DIC to it, or should I send them another 21-4138 for DIC and A&A?

thanks again, JAB

[Berta]

All of the dependent parent regulations are found within this BVA decision:

http://www4.va.gov/vetapp09/files1/0902611.txt

"Also, I've already sent a 21-4138 (claim notification for A&A) to my VRO. Can I call them and have them to add DIC to it, or should I send them another 21-4138 for DIC and A&A?"

unless anyone else here has a better idea I strongly suggest you contact a vet org to find representation.

It is the 21-534 form that triggers the VA to determination either DIC or pension eligibility.

If there is a part that asks information about A & A potential that should be filled out-otherwise you can attach request that A & A be determined. The vet rep would have any forms needed.If he/she doesn't the VA will send them to your mother.

The 4138 should be used when submitting new evidence for an established claim or for re-opening a claim.

It doesnt take the place of the formal 21-534 claim form.

[JAB]

Berta and others, great news! My mother has been awarded Spousal A&A and she's as happy as I've seen her in a long time. Thanks for your feedback on this.

New Question: Does receiving A&A make her elgible for any additional benefits? I'm not trying to get greedy but I want the best for her, at this point. I've Googled around and I keep running into this statement:

"Anyone on Aid and Attendance also automatically qualifies for VA health care benefits"

But, I can't find any specifics about the statement. Maybe this is for veteran's and not spouses, I just don't know. She has Medicare but she's had to do without medical needs, especially dental issues.

As always, any feedback will be appreciated very much.

[Berta]

This is Wonderful news-

But I am at a loss for any additional dependents benefits she could receive through the VA.Hopefully others will chime in here if they know of any.

VA health care for spouses (CHAMPVA) depends on whether the veteran spouse is 100 % P & T or died directly due to a SC condition.

I understand she is your dependent and I don't think that would extend any VA health care to her at all.(or CHAMPVA eligibility)

What is the status of the DIC claim?

[JAB]

What is the status of the DIC claim?

Berta, it's been a while but we didn't file for DIC because she didn't meet either the asset or income restrictions. Of course, the A&A limits are higher.

I believe there might be a burial benefit available with A&A but I still haven't found the definite answer.

Thanks, JAB

[Berta]

There is no chance for a direct SC death?

Unfortunately accrued benefits to a surviving spouse as well as burial benefits have a time limit for application.

In this BVA case, the son apparently had paid the burial costs and could have possibly recovered them but did not file the application in time:

http://www4.va.gov/vetapp10/files3/1021370.txt

Survivors, in the first year after a veteran's death, deal with a lot as it is but the VA has put time limits on certain survivor benefit applications.

A death pension for a widow or widower depends on income as well as war time service of the veteran.

DIC has no income limits at all.But either the veteran had to be 100% SC P & T for 10 full years prior to death or the death must be directly service connected by medical evidence for DIC benefits.

A 21 534 application is considered to be application for both death pension and DIC.If DIC cannot be awarded ,the survivor has appelate rights and the VA will also see f the elgibilty is there for a death pension in lieu of DIC.

It is imperative for any surviving spouse to apply for DIC and ask to be substituted for the deceased veteran if the veteran had a claim pending at time of death -within one year after death -as the time limits can cost the spouse potential retractive accrued compensation if not adhered to.