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Aid and Attendance

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praned1983

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What does my wife have to do to qualify for this Aid and Attendance. Does she have to drive me to appointments basic living needs.  Do you have to be a certain % to get AA

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are you referring to a pension aid and attendance described here Aid & Attendance and Housebound

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"Other than Pension" there is a "compensation" A and A, which is also known as SMC L, as below:

       
 
Extracts from M21-1R
a.  Criteria for Entitlement to A&A Under 38 CFR 3.352(a) The criteria for entitlement to A&A, which appear in 38 CFR 3.352(a), require that the veteran be so helpless that he/she requires the aid of another person to perform the personal functions required in everyday living.
 
b.  Considering the Level of Disability Required for Entitlement to A&A A greater level of disability is required for entitlement to the additional allowance for A&A than for  ·   entitlement to SMC at the Housebound rate, or ·   a 100-percent schedular evaluation. A single disability rated as 100-percent disabling under a schedular evaluation is generally a prerequisite for entitlement to A&A.  Any lesser disability would be incompatible with the requirements of 38 CFR 3.352(a)Note:  For the purpose of 38 CFR 3.352(a), define a single disability in accordance with 38 CFR 4.16.
Continued on next page44.  Entitlement to SMC Based on the Need for Aid and Attendance (A&A), =12ptContinued
c.  Considering Entitlement to A&A When the Evaluation is Less Than 100 Percent The table below shows the procedures to follow when ·   entitlement to A&A is at issue, and·   a veteran’s evaluation is less than 100 percent.  Important:  The evidence in the case must include the report from a current examination or its equivalent.
 
If … And … Then …
The evaluation is less than 100 percent the disability is so severe as to demonstrate a need for A&A refer the case to Compensation and Pension (C&P) Service (211B) for an advisory opinion. Reference:  For more information on requesting an advisory opinion, seeM21-1MR, Part III, Subpart vi, 1.A.2.
The evaluation is less than 100 percent the disability does notdemonstrate a need for A&A dispose of the issue by explaining how this conclusion was reached in the Reasons for Decision section of the rating decision.
 
d.  Considering Inferred Issues If a single disability is rated 100-percent disabling, consider entitlement to A&A. If entitlement to A&A does not exist, consider entitlement to SMC at the Housebound rate. Important:  If the evidence does not show entitlement or probable entitlement to SMC at the A&A or the Housebound rate, do not raise either issue merely to deny it.



My question is this:  I am currently 90% combined and paid at the 100% rate (TDIU) and statutory SMC-S.  I am P&T with the TDIU based on a single disability (PTSD).  I recently applied for SMC-K  (ED secondary to PTSD resulting from prescribed meds) and VARO is requesting that I complete and return the VA form 21-2680 and a C&P exam requested, I suspect for the SMC-K ED claim.  Based on the extract language above, are they inferring Aid and Attendance or are the wanting to confirm permanent Housebound status?  Again, I am currently total +60 and was awarded SMC-S.  From reading the M21-1R above, it appears they do consider ratings less than 100% schedular for SMC-L as defined by 38 CFR 4.16.  Your thoughts are appreciated.


 
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Just cut the processing time by printing VA Form 21-2680 and have your physician complete the form during your visit. 

The 2680 is an examination for Housebound or Aid and Attendance. It's 2 pages and just needs to be completed by a physician. 

http://www.vba.va.gov/pubs/forms/vba-21-2680-are.pdf

Thats the easiest and fastest way I know of to apply for the benefit.

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  • HadIt.com Elder

Most VA Docs don't want to fill out this form  for whatever reasons.

jmo

..........Buck

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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Sounds to me like he's talking about SMC T. If he's post-911, he'd need to get her qualified for the caregiver stipend as long as he qualifies for helpless/danger to himself and others under SMC L.

 

 

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