A&a Question

[oldman273]

Hello got a question for anyone. I am a Veteran that served on active duty from 1982-1984 with the National Guard. After that I went on to serve 4 years active duty with USMC and was discharged from 1985-1989. Fast forward till now I am 100% P&T for my several SC injuries to include: Hypertensive heart disease 60% DDD lumbar fusion 40% Migraines 30% HP 10% Nerve damage L/R leg stenosis all secondary to SC Back. I also draw SMC SC on account of the back. I need help a lot of it with my back dressing/showering and I am on crutches and walker.

With that out of the way I got a call from the VA they were working over an older claim from back in 2009 and asked about my other claims. I answered them and told them I was happy someone had looked at my claims folder. Here is what I need to know. I do not think the VA will grant me A/A as I did not serve on active duty during a time of war. Boot camp for N/G AIT in KY in Sept 1982-March of 1983 then active duty again in 1985-1989 and NG again from 1991-1995 until I got out. Am I wrong in this? Not counting my money with the way it is going I could be using my money in Moon Dollars who knows?

I know the VA has a back log but I do not understand why work a claim if it is cut & dry that I as the Veteran did not serve a day during time of war? Just my thoughts I applied when I knew my back was getting worse after the 3rd surgery. Now I have to get help with everyday things like dressing showering and day to day living. Any ideas My surgeon filled out the paper work and wrote that I am P&T disabled for my SC Back and I would only need more and more care as my back is only going to get worse. Adios and look forward to any thoughts.

[Philip Rogers]

Where did you get the idea A&A is reserved only for veterans of a period of war??? I gave a quick look at 38 USC 1114 and couldn't find anything stating that. I could have missed something but I don't think so.

pr

[oldman273]

Thanks I read where it stated that a veteran who applies should have a least one day during a period of war not combat just service during that time. I noticed when I read it also had in their about a veteran who is receiving a pension. I know I am not drawing a pension so I will let others chime in. I am sure you know what you are talking about so I will leave it up to you all who have been doing this stuff longer than I have.

I did want to ask if anyone else had gotten A&A what kind of paperwork did they have to submit? I have sent in my statement my wife's statement and the physicians report as well as the form from the VA for A&A. Anything else I should shoot in? I think I have enough I am pretty sure they will shoot it down but who knows? Thanks again for the reply.

[Philip Rogers]

I still didn't find anything about one day in a period or war requirement. Here's 38 CFR 3.352 the Criteria for Determining need for A&A:

§ 3.352 Criteria for determining need for aid and attendance and “permanently bedridden.”

(a) Basic criteria for regular aid and attendance and permanently bedridden. The following will be accorded consideration in determining the need for regular aid and attendance ( § 3.351©(3): inability of claimant to dress or undress himself (herself), or to keep himself (herself) ordinarily clean and presentable; frequent need of adjustment of any special prosthetic or orthopedic appliances which by reason of the particular disability cannot be done without aid (this will not include the adjustment of appliances which normal persons would be unable to adjust without aid, such as supports, belts, lacing at the back, etc.); inability of claimant to feed himself (herself) through loss of coordination of upper extremities or through extreme weakness; inability to attend to the wants of nature; or incapacity, physical or mental, which requires care or assistance on a regular basis to protect the claimant from hazards or dangers incident to his or her daily environment. “Bedridden” will be a proper basis for the determination. For the purpose of this paragraph “bedridden” will be that condition which, through its essential character, actually requires that the claimant remain in bed. The fact that claimant has voluntarily taken to bed or that a physician has prescribed rest in bed for the greater or lesser part of the day to promote convalescence or cure will not suffice. It is not required that all of the disabling conditions enumerated in this paragraph be found to exist before a favorable rating may be made. The particular personal functions which the veteran is unable to perform should be considered in connection with his or her condition as a whole. It is only necessary that the evidence establish that the veteran is so helpless as to need regular aid and attendance, not that there be a constant need. Determinations that the veteran is so helpless, as to be in need of regular aid and attendance will not be based solely upon an opinion that the claimant's condition is such as would require him or her to be in bed. They must be based on the actual requirement of personal assistance from others.

(b) Basic criteria for the higher level aid and attendance allowance. (1) A veteran is entitled to the higher level aid and attendance allowance authorized by § 3.350(h) in lieu of the regular aid and attendance allowance when all of the following conditions are met:

(i) The veteran is entitled to the compensation authorized under 38 U.S.C. 1114(o), or the maximum rate of compensation authorized under 38 U.S.C. 1114(p).

(ii) The veteran meets the requirements for entitlement to the regular aid and attendance allowance in paragraph (a) of this section.

(iii) The veteran needs a “higher level of care” (as defined in paragraph (b)(2) of this section) than is required to establish entitlement to the regular aid and attendance allowance, and in the absence of the provision of such higher level of care the veteran would require hospitalization, nursing home care, or other residential institutional care.

(2) Need for a higher level of care shall be considered to be need for personal health-care services provided on a daily basis in the veteran's home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional. Personal health-care services include (but are not limited to) such services as physical therapy, administration of injections, placement of indwelling catheters, and the changing of sterile dressings, or like functions which require professional health-care training or the regular supervision of a trained health-care professional to perform. A licensed health-care professional includes (but is not limited to) a doctor of medicine or osteopathy, a registered nurse, a licensed practical nurse, or a physical therapist licensed to practice by a State or political subdivision thereof.

(3) The term “under the regular supervision of a licensed health-care professional”, as used in paragraph (b)(2) of this section, means that an unlicensed person performing personal health-care services is following a regimen of personal health-care services prescribed by a health-care professional, and that the health-care professional consults with the unlicensed person providing the health-care services at least once each month to monitor the prescribed regimen. The consultation need not be in person; a telephone call will suffice.

(4) A person performing personal health-care services who is a relative or other member of the veteran's household is not exempted from the requirement that he or she be a licensed health-care professional or be providing such care under the regular supervision of a licensed health-care professional.

(5) The provisions of paragraph (b) of this section are to be strictly construed. The higher level aid-and-attendance allowance is to be granted only when the veteran's need is clearly established and the amount of services required by the veteran on a daily basis is substantial.

(Authority: 38 U.S.C. 501, 1114®(2) )

© Attendance by relative. The performance of the necessary aid and attendance service by a relative of the beneficiary or other member of his or her household will not prevent the granting of the additional allowance.

[41 FR 29680, July 19, 1976, as amended at 44 FR 22720, Apr. 17, 1979; 60 FR 27409, May 24, 1995]

pr

[john999]

Do you have housebound now? Can you drive and cook for yourself?

[Philip Rogers]

The only place I can currently remember seeing that you must have served at least one(1) day in a period of war is for a VA pension.

pr