I don't know if this is the right forum or if it's even the right question.
My father-in-law was a WWII vet. Landed at Omaha (2nd landing), got captured and spent the rest of the war as a guest of the Third Reich. Tortured, starved, etc. The whole of Germany was starving by that point, I suppose.
Anyway, he retired from the Army, and just before he died his Comp rating was increased to 100%. The death certificate said the right words and my mother-in-law receives DIC. Big kudos to the people at Newington, CT, VARO for putting a rush on everything for him and for her.
Now my MIL is showing signs of dementia. Her doctor filled out a form (special to Newington, not a regular VA form) and from what he wrote she MAY get housebound, if anything.
What I'm trying to find out is whether MIL is eligible for any long-term care from the VA. I know that if she had needed to go into a nursing home while FIL was in his, the VA would have placed her in one for the rest of her days. The question I can't find a definitive answer to is whether she's still entitled, and whether any Assisted Living would be available.
But I keep getting lost and can't find the definite Yes or No.
She has Tricare for Life, but that has no provisions for long-term care at all.
We are just getting ready to start dealing with this with her. She's difficult on a good day, has been for years. The VA therapists we (DH & I) see tell us to cut her loose as a toxic person. But then DH stresses because he promised his dying father he would take care of her. So any help would be great. She has a paid Companion who comes in 3 times a week to take her shopping, etc. That she pays for herself... she pays all her own costs, albeit I'm not sure how timely or if she uses the right checkbook.
We only go down once a month or so. DH was suicidal by the time we left last time, even with lots of Ativan and sleeping through most of the trip. He's caught between a rock and promise. :(
Let us be kind, one to another, for we are each of us together in our pain.
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
Question
hedgey
I don't know if this is the right forum or if it's even the right question.
My father-in-law was a WWII vet. Landed at Omaha (2nd landing), got captured and spent the rest of the war as a guest of the Third Reich. Tortured, starved, etc. The whole of Germany was starving by that point, I suppose.
Anyway, he retired from the Army, and just before he died his Comp rating was increased to 100%. The death certificate said the right words and my mother-in-law receives DIC. Big kudos to the people at Newington, CT, VARO for putting a rush on everything for him and for her.
Now my MIL is showing signs of dementia. Her doctor filled out a form (special to Newington, not a regular VA form) and from what he wrote she MAY get housebound, if anything.
What I'm trying to find out is whether MIL is eligible for any long-term care from the VA. I know that if she had needed to go into a nursing home while FIL was in his, the VA would have placed her in one for the rest of her days. The question I can't find a definitive answer to is whether she's still entitled, and whether any Assisted Living would be available.
There's a lot of information on this website:
http://www.va.gov/GERIATRICS/Guide/LongTermCare/Homemaker_and_Home_Health_Aide_Care.asp#
But I keep getting lost and can't find the definite Yes or No.
She has Tricare for Life, but that has no provisions for long-term care at all.
We are just getting ready to start dealing with this with her. She's difficult on a good day, has been for years. The VA therapists we (DH & I) see tell us to cut her loose as a toxic person. But then DH stresses because he promised his dying father he would take care of her. So any help would be great. She has a paid Companion who comes in 3 times a week to take her shopping, etc. That she pays for herself... she pays all her own costs, albeit I'm not sure how timely or if she uses the right checkbook.
We only go down once a month or so. DH was suicidal by the time we left last time, even with lots of Ativan and sleeping through most of the trip. He's caught between a rock and promise. :(
Let us be kind, one to another, for we are each of us together in our pain.
Link to comment
Share on other sites
Top Posters For This Question
4
3
Popular Days
Aug 13
3
Aug 14
2
Aug 15
2
Top Posters For This Question
hedgey 4 posts
john999 3 posts
Popular Days
Aug 13 2012
3 posts
Aug 14 2012
2 posts
Aug 15 2012
2 posts
6 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now