Champva Qualification Question

[JAB]

I understand that I'm required to be permanent & totally disabled for my wife to be eligible for CHAMPVA, and after several phone calls, I'm still confused about this.

I was originally granted 100% compensation in the 1990s under 38 USC 1151 which was non-service connected. Several years later, as my health declined, I received a new rating which continued the original rating and added an additional illness which was also evaluated at 100%. At that time, I started receiving a special monthly compensation for being above 160%.

I don't see P&T on any of my papers, but I did receive a letter from the VARO in 2007 stating that I'm not scheduled for a future exam since improvement of my disabilities is not expected. Then in 2012 I received a VARO letter saying that information used to establish my benefits had recently changed, and that I was enrolled in priority group 1 and that I was now rated 100% "Service connected".

Should I send champva an application and let them figure all this out, or should I ask my VARO to readdress my case. My wife and I are a little apprehensive about stirring up any trouble with the VARO, and we wonder if we should just let sleeping dogs lie. :) Any help would be greatly appreciated.

[Berta]

Harleyman....I dont understand your point here:

“Berta, I don't think the Veteran is SC, I think he is NSC due to 1151 and thn granted SMP for worsening conditions. “

Yes..... that appears to be the case here........re the NSC part.....

But my husband was deemed 100% under 1151 as well as received posthumous SMC Housebound award (for the 1151 stroke) in the award I received in 2012 granting the SMC CUE claim I filed in 2004.

Maybe I am looking at it wrong however....

Husband was 100% SC PTSD, (no rating at all for his DMII but DIC granted on that basis 2009)30% I think for the AO SC IHD, 10% for HBP (I have claim pending-that is a 1151 issue) and then 100% for the 1151 CVA and residuals with the HB award as SMC.

Also I helped a local vet friend of mine get 100% P & T SC under 1151 as well as SMC ,about 15 years ago, I think right before I joined hadit.his SMC was based on the 100% 1151 plus 60 % for a Gun shot wound and residuals,they had rated at first at 40%.Also he since then got 50% for PTSD.(I begged him when I prepared his 1151 claim ( that went VERY fast) to file for PTSD but he denied having it...Finally an SO talked him into filing and they granted the 50% a few years ago.

I am just concerned as to your defining of the Special Monthly payment as SMP in these cases and not SMC.

Because SC 1151 is considered “as if” service connected .

I value all of your posts here so maybe I am looking at these SMC awards the wrong way.They both do say SMC and not SMP.

“I really hope the veteran didn't open a can of worms at the VA but usually the super will write up if there was an issue in the file.”

Yeah but he should be OK if the award just remains at 100% under 1151.No loss no gain....

I think.

A CHAMPVA woman told me years ago ,it was heartbreaking for her to tell widows under 1151 DIC that they were NOT eligible for CHAMPVA. You would think,if the VA shortens a veteran's life or causes their death, that the survivors would receive the whole 9 yards,under 1151.

but they dont.

[harleyman]

The original post was deleted, pending claificaton of some issues. I plan to re-post .- Harleyman

Due to my own stupidity, I have deleted the posts because they would cause unneeded confusion to the Veterans question. Which is something I do not want to have happen. I think my head was somewhere where it should not have been.

JEB and Berta, I applogize for this miss - take I took when reading this post. I get it now, but at the time I took JEBs post entirely wrong. I wonder if the people at the call center did what I did, when looking at the computer records. I think they did, and if that is the case, I don't think JEB has anything to worry about. Sorry you guys, didn't mean to put a twist on this important issue.- Harleyman

Edited September 29, 2013 by harleyman

[JAB]

Berta and Harley, I can't thank you enough for your help and input. I started this thread in a quest for champva info, and I see now that I'm not qualified for that.

Then I swerved over to my confusion about receiving letters from the VARO stating that I was 100% SC, since my rating decision was established due to a NSC 1151. In my haste, I called the Veterans help line and it was confirmed that I wasn't SC, and that the letters I received were erroneous. I probably did "open a can of worms" with that call, and looking back, I can't believe I made that bonehead mistake. I just asked a simple question and never dreamed that Peggy would fetch her supervisor to study my case.

However, since I'm not really SC, I understand that it needs to be corrected and I'll just have to knuckle down and deal with the consequences, which could possibly include a review with new exams. If this happens, I will let them know about the air gun shots in BT, in an effort to finally establish SC.

I would like to hear from anyone with knowledge about the air gun, and especially any claims that have been awarded due to that procedure. Berta, would a new "air gun" thread be called for, or possibly a sticky post? There's gotta be a ton of vets with hepC that haven't even considered that as a source of their infection.

thanks again, JAB

Edited September 29, 2013 by JAB