Aid And Attendance For My Non-Sc Spouse

[Carl the Engineer]

Ok, I knew this was probably going to get screwed up.

I submitted a claim on 5/22 for A&A for my disabled spouse whom I take care of.

I submitted the appropriate VA form, her SSDI paperwork and letters from two of her doctors.

It moved to "Gathering of Evidence" today and they are requesting "1" thing from me;

"In support of your claim for special monthly compensation, we need medical evidence showing at least one of the following due to service connected conditions: you need the aid and attendance of another person in performing your activities of daily living; are severely visually impaired; are permanently housebound; or have loss (or loss of use) of certain body parts."

It would seem by this request, they are assuming I am asking for A&A for myself, the veteran.

I'm hoping this is just a generic response for A&A.

I'll see what comes in the mail. I have a due date of 7/23, so I have a little time.

They got all of the info on my wife, but maybe this was directed at her??

Oh, well,

Hamslice

[Carl the Engineer]

As 3.351 (a) (1) and 3.351 (a) (2) above, points out, spouses are eligible for A and A with either Pension or Compensation. This means a NSC Vet, on pension, can get increased pension for A and A for his spouse.

For increased pension due to A and A, I think the amount is much more than 104 per month as follows:

1. If its pension A and A, then I think the maximum income goes to about 25,000 per year, from about 16,000 per year pension without A and A. This would mean very low income Vets would see about 9000 per year income increase for A and A. (about 700 per month).

(look up pension rates with A and A). You see, if they are 70% comp AND get NSC pension, the Veteran gets the greater amount of compensation OR pension. A 70 percent Vet gets 1447 per month, while a NSC pension (married, with A and A), gets over $2000 per month (assuming the household has "0" other income..this may not be true)

2. If its compensation A and A, then that is SMC L, which is also about 700 per month in extra compensation, if awarded. (Look up SMC L, and then subtract what you normally get without SMC L, and I think you will find its about 700 per month).

In either case, the spouse A and A is paid to the Veteran, not to the spouse. I dont think spouses get any compensation from VA until/unless the Veteran dies or unless the spouse gets an amount in a divorce.

broncovet,

This is from the comp rate chart;

"b. Where the veteran has a spouse who is determined to require A/A, add the figure shown as "additional for A/A spouse" to the amount shown for the proper dependency code. For example, veteran has A/A spouse and 2 minor children and is 70% disabled. Add $104.00, additional for A/A spouse, to the rate for a 70% veteran with dependency code 12, $1,586.71. The total amount payable is $1,690.71"

-except for me (without children).

I am not pension.

Am I missing something.

Thanks,

Hamslice

[Carl the Engineer]

Heres the difference, so I think they might be on the right track,

On Ebenifits;

"In support of your claim for special monthly compensation, we need medical evidence showing at least one of the following due to service connected conditions: you need the aid and attendance of another person in performing your activities of daily living; are severely visually impaired; are permanently housebound; or have loss (or loss of use) of certain body parts."

Letter I got today from VA;

"In support of your claim for special monthly compensation, we need medical evidence showing at least one of the following; your spouse needs the aid and attendance of another person in performing the activities of daily living; it severely visually impaired; is pemanently housebound; or has loss (or loss of use) of certain body parts."

Fun and games,

Hamslice

[Carl the Engineer]

We are going to try and get a letter for both of my wifes Doctors, and then send them in. They already have the VA form and her SSDI paparwork.

Hamslice

[broncovet]

Hamslice

It sounds like you are right on that one, as I thought you had to be 100 percent to get SMC, because SMC is for the severely disabled Veteran. To get statuatory housebound, you have to have a SINGLE 100% disability, so I interpreted that to mean you dont get smc unless you are 100 percent or pension. You have pointed out its possible to get SMC without being 100 percent.

However, Unless you have a good source of income (more than 25,000 per year in addition to your VA), then maybe you should apply for pension with A and A, as it looks like that would be more than 70% with A and A. Years ago, I got pension when I was at 40 percent, because pension was more than the 40%. (You need to be a "wartime" Veteran to get pension, and I have no idea if you are "wartime" or not)

Edited June 26, 2015 by broncovet

[Carl the Engineer]

Hamslice

It sounds like you are right on that one, as I thought you had to be 100 percent to get SMC, because SMC is for the severely disabled Veteran. To get statuatory housebound, you have to have a SINGLE 100% disability, so I interpreted that to mean you dont get smc unless you are 100 percent or pension. You have pointed out its possible to get SMC without being 100 percent.

However, Unless you have a good source of income (more than 25,000 per year in addition to your VA), then maybe you should apply for pension with A and A, as it looks like that would be more than 70% with A and A. Years ago, I got pension when I was at 40 percent, because pension was more than the 40%. (You need to be a "wartime" Veteran to get pension, and I have no idea if you are "wartime" or not)

broncovet,

I currently have too much income and am at 70% SC'd. I am also a wartime veteran.

Just a lot of hoops to go through for an extra $100 bucks a month, but will plug along as usual.

Thanks,

Hamslice

[Carl the Engineer]

Update,

Well, I (we) did not have time to get more letters from her doctors than what we had already sent in, so I asked on eBenifits to complete with what they had. Went to Preperation For Decision today.

If I (we) get it, than, yeah...

If not, then reconsider with more letters later. That will work as I have another claim (30%) that I want to do now, and then I can do the spouse A&A later..

Waiting for the letter...........................................

Hamslice