Va Reduction In Compensation For Als

[fifty5coop]

My brother is rated 100% disability through the VA and is receiving compensation for his service-connected ALS. His diagnosis was done by a neuro at Henry Ford hospital and concurred with by the Detroit, Michigan VA. April of this year he moved from Michigan to Tucson, AZ to be nearer to me. We got him enrolled at the Tucson VA and he is now receiving all his care with them. He had to be re-evaluated at the VA here in Tucson and just received his re-evaluation letter from the VA which states that there was an "error" in his original eval and they are reducing his monthly compensation by over $300. Something to do with the loss of use of his left arm which they claim he doesn't have now. They are taking away any vehicle adaptation $ also. The Michigan PVA rep said that reductions never happen so we are very surprised at this turn of events here in Arizona. I am contacting his PVA rep Tuesday to find out how to appeal. Has anyone here on this forum ever had a "reduction" in their VA compensation? I hope this is not a pre-cursor of bad things to come with the VA...so far, we've been very satisfied with their care. We hope we didn't make a mistake by switching his medical care completely over to the VA? <BR clear=all>

[jbasser]

What is his current status:

Is he still able to walk?

Does he still drive?

The VA can call a cue on itself but they may be constructing another cue by failing to consider some facts that he may be housebound by the back end of 38 usc 1114.

i) Total plus 60 percent, or housebound; 38 U.S.C. 1114(s). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and:

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.

Tell him not to worry as his condition will eventually will qualify him for the full range of special monthly compensation. He needs someone to stay on top of it as it worsens and file the increases as they are needed.

Thanks for helping this Veteran.

Basser