A & A

[admiral7]

What is the current rates and where to find these for a veteran needing aid and attendance.I can't find this under the ratings table or SMC

[Berta]

Bogee- your claim has been 'farmed out"----that alarms me- second vet here they did this too-

what farm?

In any event- did you make formal application for TDIU? (VA form 21-8940) and do they know you get SSA benefits?

And if they know of your SSA records- are you absolutely positively sure they have them?

And-do you have a vet rep or SO who could check into your claim for you as to the SSA records?

[bogee]

yes i had the dav in des moines handel everything.the va got my ss records and i sent them my ss award claim going back to 2003 i was never in nam .i put in for unimployability. form21-894-..they said tthey sent all old claims to muskogee .oklahoma to make final dicision s they said they sent all old claims out ,so they could catch up in des moines bogee----------------i just called the va.tHey siid muskoki va had sent my file back to des moines va for an oppinion,and it was just sent back to muskogi and i might GET my final rateing sometme in OCTOBER!!! IT JUST PI--S-S ME OFF........ I GUESS IT WAS BETTER THEN A DENYAL THOUGH

Edited August 23, 2006 by bogee

[Peacenik]

What is the current rates and where to find these for a veteran needing aid and attendance.I can't find this under the ratings table or SMC

Regular A&A is R1 and R2 is when the veteran requires a "higher level of care". Defined as a regular regimen of care such as is needed for paraplegia. The designation "L" has nothing to do with A&A.

R1 is currently $6201.00 and R2 is $7078.00

Note: In order to even be considered for R2, the veteran's VA doctor must stipulate on the record that he/she is in need of regular care by a health care professional, without which he/she would require a nursing home.

R1 simply requires that the veteran need assistance in daily living and that without that assistance, he/she would not be protected from the normal hazards of daily living. This assistance need not be all the time but must be necessary at least part of the time.

Beware, however that there is a catch 22. It's referred to as the "combinations" rule. This rule says that if you are already receiving Compensation for service connected disability at the 100% level, your need for A&A must be based of injury or disease separate and apart from the original disease or injury for which you are being compensated. Sounds silly doesn't it? But that IS the rule. Very difficult to overcome. You must in effect have at least 2 "L" level 100% disabilities. The exception is if you are being compensated at 100% for physical injuries and also qualify for 100% disability for PTSD. You would then automatically qualify for R1.

Best of luck to you. Don't EVER give up appealing!!

[Rich T]

Peace

A lot of what you wrote is true, but be careful about A&A regular and special. "L" IS regular (see CFR 3.352 (L) (3). Special is "R1" and bedridden "R2". SMC in and of itself is a complex thing and many VA contacts have no idea. Most SO's know very little. I had to switch from AL to PVA to get my ratings SMC beyond 100% after my TDIU was raised to 3 100%'s plus 6 other ratings.

[Peacenik]

Peace

A lot of what you wrote is true, but be careful about A&A regular and special. "L" IS regular (see CFR 3.352 (L) (3). Special is "R1" and bedridden "R2". SMC in and of itself is a complex thing and many VA contacts have no idea. Most SO's know very little. I had to switch from AL to PVA to get my ratings SMC beyond 100% after my TDIU was raised to 3 100%'s plus 6 other ratings.

Well, in a sense, we're both right. The reg is that if you meet the criteria under 3.352a you will be rated at "L" level of compensation, at least. Other, strictly physical conditions which do not meet the test for A&A will also entitle you to the "L" level of compensation. "L" however is not the compensible level for aid and attendance. You could for instance, be designated as in need for aid and attendance and still not receive. additional compensation if those Physical disabilities already entitled you to "L". You would not get a single penny more. They don't want the average veteran or his representative for that matter to understand this STUFF! Peace to you!