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Granddaughter Won Full Ssdi On Reconsideration

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Josephine

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  • HadIt.com Elder

Because she developed the problem before she was 18 with the info you have posted and some work I think that you can get her benefits that may be of some help especially as she gets older.

I am going to do something weird for me. My recommendation is to go to the VAMC you see and ask for Veteran Benefits Councilor and have them help you get it set up. My knowledge is to vague but when I looked into it she would get money and also health benefits. There are forms and other things but a statement from the Doctor that she was disabled prior to 18 and copies of her Social Security award and fill out the forms it should be fairly easy.

I think that the money is in the neighborhood of a Service Connected Pension or DIC

Pete

Thanks Pete,

I sure will do.

Always,

Betty

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Betty, I am sorry your granddaughter has/had to go through this. But I am glad she has you to help her with the process. Good you are receiving help from your friends here too. They always seem to pull through for so many of us. A question...if she is on medicaid/medicare can she get on an advantage insurance too? If another does not pan out? Maybe someone familiar with health insurance alternatives can pipe in with suggestions too. What about Blue Cross/ Blue Shield? I have a daughter on that program...pretty good coverage and policy is just $158.00 per month with o co-pays...and good pharmacy benefits too.

Edited by halos2
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Betty-Josephine-

I am so glad you helped her with the Reconsideration Request.

With all you went through with your own claim you sure know your stuff when it comes to Evidence!

Congratulations on doing this for her.

I am a little concerned about some of the advise here as to VA benefits or dependency issues.

Please someone give us a link for what the VA could do here-as grandchildren are traditional not considered dependents of a veteran.

This case and the reg in it is from 2006. If something has changed in this regard please post a link Betty can use if needed for a claim that would either grant her granddaughter dependency status or any other VA benefit.

The veteran has service-connected disabilities that are rated

as 60-percent disabling and he is receiving additional VA

compensation based on a total disability rating due to his

unemployability. As such, he is entitled to receive

additional compensation for a spouse, child and/or dependent

parent as per 38 C.F.R. § 3.4. There is no provision,

however, that allows for additional compensation for

grandchildren.

The Board appreciates the veteran's argument that he should

be paid additional compensation because he has taken

responsibility for his grandchildren and the Board certainly

commends the veteran for his efforts to assist these

children. There is, however, no provision within the law

that will allow VA to extend the veteran's benefits to cover

his grandchildren as they do no meet the legal definition for

a child as outlined in 38 C.F.R. § 3.57. Specifically, the

grandchildren are not legitimate or illegitimate children of

the veteran, children legally adopted by the veteran, or

stepchildren of the veteran. Therefore, the Board must deny

the veteran's request for additional compensation for these

children as a matter of law.

http://www4.va.gov/vetapp06/files5/0631185.txt

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  • HadIt.com Elder

Betty, I am sorry your granddaughter has/had to go through this. But I am glad she has you to help her with the process. Good you are receiving help from your friends here too. They always seem to pull through for so many of us. A question...if she is on medicaid/medicare can she get on an advantage insurance too? If another does not pan out? Maybe someone familiar with health insurance alternatives can pipe in with suggestions too. What about Blue Cross/ Blue Shield? I have a daughter on that program...pretty good coverage and policy is just $158.00 per month with o co-pays...and good pharmacy benefits too.

Thanks Halos,

I appreciate your concern and your kindness.

From what I have been told, we have been deeply blessed.

Due to her Mental Status, Medicaid will pay all but about $2.00 for each bottle of meds and thankful again her

private psychiatrist has agreed to accept Medicaid, because I had been paying for her office visits out of my

pocket.

Thanks so much,

Betty

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  • HadIt.com Elder

Betty-Josephine-

I am so glad you helped her with the Reconsideration Request.

With all you went through with your own claim you sure know your stuff when it comes to Evidence!

Congratulations on doing this for her.

I am a little concerned about some of the advise here as to VA benefits or dependency issues.

Please someone give us a link for what the VA could do here-as grandchildren are traditional not considered dependents of a veteran.

This case and the reg in it is from 2006. If something has changed in this regard please post a link Betty can use if needed for a claim that would either grant her granddaughter dependency status or any other VA benefit.

The veteran has service-connected disabilities that are rated

as 60-percent disabling and he is receiving additional VA

compensation based on a total disability rating due to his

unemployability. As such, he is entitled to receive

additional compensation for a spouse, child and/or dependent

parent as per 38 C.F.R. § 3.4. There is no provision,

however, that allows for additional compensation for

grandchildren.

The Board appreciates the veteran's argument that he should

be paid additional compensation because he has taken

responsibility for his grandchildren and the Board certainly

commends the veteran for his efforts to assist these

children. There is, however, no provision within the law

that will allow VA to extend the veteran's benefits to cover

his grandchildren as they do no meet the legal definition for

a child as outlined in 38 C.F.R. § 3.57. Specifically, the

grandchildren are not legitimate or illegitimate children of

the veteran, children legally adopted by the veteran, or

stepchildren of the veteran. Therefore, the Board must deny

the veteran's request for additional compensation for these

children as a matter of law.

http://www4.va.gov/vetapp06/files5/0631185.txt

Thanks so much, Berta,

I called the VA and have the form, but I am also puzzled as to how to complete the questions, for it does not

open the door for me to place granddaughter. I was told by the toll free number that I could claim her

and they sent me the forms, but then again, I am not sure they know what they are talking about.

I am blessed with so many friends on this site.

I feel like I have known you guys/gals all of my life.

You guys have and will always be my " guardian angel".

I was no where until I came across the site and bless everyone, I made it to the top.

Always and Thanks so much,

Betty

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  • HadIt.com Elder

Berta is right but I really believe in my heart that since the condition happened when the child was under 18 she might be able to acquire the benefits. My advise was to talk to a VBA Councilor and see if it is possible. As far as posting a regulation I am sorry that I am not going to look for it. The question that needs to be answered is if Betty is the responsible party for her grand daughter can she be added.

There is work to be done and there are cases where the VA makes allowances for disabled under 18. I believe that the benefits are worth the effort.

Good Luck Josephine. Thank you Berta.

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