ptsd Independant Living And Lawn Tractor Denial

[SkipDrive]

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..????????..

[dsgsr]

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.

[carlie]

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

[Philip Rogers]

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

[USMC5811]

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 January 6, 2013 by jbasser

[Teac]

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..

[DUSTOFFDOC45th]

VR&E letter 28-13-08

SUBJ Purchase of Vehicles for VR&E Partticpants under 38 USA Chapter 31 is prohibited.

When I got a copy of this new policy directive I just couldn't believe VR&E Service included "In no circumstance should a tractor, mower, or similiar equipment be authorized as part of an independent living plan for a Veteran".

1st the legislative citations they use to justify this policy change are all dealing with the 'self-employment track" ONLY the ILP track. They also cited the M28R... (the M28 Warms Manual under revision which to date has no reference at all to ILP). stating in the polciy change "the purchase or rental of trucks, cars, or other means of transportation" are supplies and related assistance that may not be furnished as part of a self employment plan ...".

All-in-all this is a smoke and mirror attempt to deny veterans benefit to reach the "maximum independence" goal of the Independent Living Progra.

If I can figure out how to attach the letter to this forum, I will do so.

If I fail I will send anyone who requests a copy of the Policy Letter. Reply to PM member for Email Address

After speaking with VVA attorney Christopher Clemmons it's fairly certain an appeal to BVA would favor the veteran and be remanded.

WGBTA

Edited January 14, 2013 by Tbird
Removed Personal Identifying Information: Email Address