Jump to content

Sponsored Ads



  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
Sign in to follow this  
SkipDrive

Independant Living And Lawn Tractor Denial

Question

I am currently in the Independent Living services program for he second time. First time was in 2002 and at that time I had a rating of 70% PTSD with unemployablility and unrated peripheral neuropathy. Part of my program then provided me with a small lawn tractor so I could continue taking care of my home property.

Since then I have been through stage IV Mantle-cell non-Hodgkin lymphoma and Hyper C-Vad Chemo treatments. The physical effects of both have greatly reduced my physical condition.

I can no longer do the activities I used to cope with the PTSD and life in general so I reapplied for the Independent Living Service program for a second time and was approved.

One thing that has been frustrating is that the VA no longer has VR&E counselors through the state. They only have one for the whole state.

As part of my new plan was the purchase of a new lawn tractor with hydraulics assists so I could continue taking care of my home property. Even though this was approved at the state level it was refused because legal counsel stated under VR&E letter 28-13-08 the following “ In no circumstance, should a tractor, mower, or similar equipment be authorized as part of an independent living plan for a Veteran.”

Has anyone run across this ? The side comment was made that legal counsel determined that congress didn’t mean for mowers to be part of independent living assistance..????????..sad.png

Share this post


Link to post
Share on other sites

Recommended Posts

Yes. I was in the program a few yrs. ago. I was approved to have some things on my tractor Fixed, but when it was determined that Fixing everything would cost more the the tractor was worth, I was abruptly denied and told they would do nothing for me and they did not buy anything with wheels and a motor :(

David.

Share this post


Link to post
Share on other sites

Ad

They most likely (by way of legal council) don't want to risk the

added liability the purchase of the lawn tractor, could open them up

to.

JMHO

Share this post


Link to post
Share on other sites

You could probably win if you appealed, as I don't think they can put that kind of restriction(s) on it. I believe there is case law to support this also. jmo

pr

Share this post


Link to post
Share on other sites

These two cases are an interesting read : http://www.va.gov/vetapp11/Files1/1109753.txt http://www.va.gov/vetapp11/files3/1124514.txt

One of the cases specifically addresses repair or reburbish of a riding lawn mower:  Rather, it appears that
 38 U.S.C. § 3109 and § 3120 (and associated regulations) would allow VA to assist a veteran in repairing and/
or refurbishing a piece of machinery viewed as having a recreational component pursuant to a program of 
independent living services in certain factual situations.  Specifically, not only would a veteran need
 to eligible for independent living services (in terms of having a serious employment handicap and the 
achievement of a vocational goal has been found not to be feasible), the evidence would also need to show 
that the machinery in question was determined to be necessary to permit the veteran to maintain maximum
 independence in daily living (i.e., the ability of the veteran, without the services of others or with a 
reduced level of the services of others, to live and function within the veteran's family or community).  
Edited by jbasser

Share this post


Link to post
Share on other sites

I would like to see this directive, letter or what ever it is.

I requested a small lawn mower as part of my independant living program about a year ago, and was told it isn't going to happen. Hell, I still haven't had the promised home study.... since the guy doing the home study canceled out in October last year..

Share this post


Link to post
Share on other sites

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 account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
        • Like
      • 3 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
        • Haha
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 11 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:

      https://www.stripes.com/news/lawmakers-launch-new-effort-to-provide-agent-orange-coverage-for-blue-water-navy-vets-1.525395

      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.

       

       
      • 10 replies
×

Important Information

{terms] and Guidelines