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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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bigmuny

Letter From Va Doctor Vet Needs 24Hr Attendant Care

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Last year I filed for a higher or enhanced level of Aid and Attendance and was denied...I am now in my 60 day notification to file for a DRO or Appeal decision and just recently filed for an extension of the 60 days certified mail return receipt requested. I don't know if I am interpreting the statute correctly or not...here in the Statute it states....

"Title 38, United States Code, section 1114®(2), provides for the payment of a specified monthly aid-and-attendance allowance to a veteran if, in addition to needing regular aid and attendance, the veteran: (1) needs a higher level of care; and, (2) would require hospitalization, nursing-home care, or other residential institutional care in the absence of the higher level of care. The statute further requires that need for a higher level of care be considered to be "need for personal health-care services provided on a daily basis in the veteran's home" by a person licensed to provide such services or a person regularly supervised by a licensed health-care professional.

My doctor wrote a letter to the Regional Office stating...in part..."Due to his chronic medical problems patient requires assistance with his activities living and needs twenty-four hour attendant care. If he did not have twenty-four hour attendant care, he would require long term care placement."

Now according to Title 38 1114®(2) I think I meet the needs that in addition to needing regular aid and attendance (which I have had for 10 years now) I meet the number (1) needs a higher level of care and (2) would require hospitalization, nursing-home or other residential institutional care in the absence of the higher level of care...In other words if I don't get the requested higher level of care I am requesting then I will need long term placement with 24 hour attendant care...am I interpreting this correctly with the letter my Dr. has provided?? Even though I have not been rated for loss of use of my legs they did state in my C&P exam that I have loss of use in lower extremities and weakness in my upper extremeties, long with incontinence in which I was given a rating for that and now my doctor is setting me up for catheters. In my denial I am pretty sure they made a few CUE although I haven't zeroed in on them yet.

Am I interpreting the Statute correctly and will this letter from my Doctor be enough to warrant a higher level of Aid and Attendance???

I know from many things that I have read that the VA would rather a veteran stay in his home instead of in-patient care, for one it would be less expensive on the VA and two I would feel much more comfortable in my own surroundings but I know I have got to have help from others as I cannot make it much longer on my own, daily living is such a struggle for me that I wonder why I even put up with it daily. They did finally give me an electric wheel chair although I need help getting in and out of it so again it is useless unless I have help.

Does anyone have any thoughts about what I am requesting??

Also, should I request a DRO or go straight for the Appeal??

Thank you all...

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Do you presently receive R-1 level SMC or the SMC P award ?

Can you scan and attach here the actual reasons the VA denied the higher level of R-2?

(Cover personal stuff like name and c file number)

The VA will probably want proof from the attendant as to what he or she needs to help you with.

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"Even though I have not been rated for loss of use of my legs they did state in my C&P exam that I have loss of use in lower extremities and weakness in my upper extremeties"

Unless these are absorbed into the level of SMC you get now, then if service connected -they could warrant additional SC K awards.

The BVA web site -using their decision search feature -is often a good way to see how the VA determines the higher levels of SMC.

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