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Aid and Attendance Compensation

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Trapperx6

Question

I am writing this for my husband, a 20 year Veteran who is rated at 100% disability for PTSD.  He can no longer think straight to put thoughts into words without my help.  This is just one of his problems.  He can no longer remember to take his meds, go to doctors appointments, cook for himself etc, etc, without me.  I have had to basically end my working career at 57 years old to care for him.  My question is, does anyone know how to get aid and attendance compensation?  I am now his full time caregiver and he cannot be left alone.  What is the process for this?  Someone told me about this the other day when we went to the VA but really did not have further info on it.  How much can the compensation be?   Will it be enough if I have to hire someone to sit with him while I work part-time?  Thank you for ANY info, I am at a loss here!

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  • HadIt.com Elder

I would file a 21 527 EZ Request the A&A Benefits on behalf of your 100%S.C. PTSD Hubby. or use the statment in support of claim

Tell the VA What you mention here and get his Dr to State his opinion that he examined your hubby and he needs someone to care for him he can't do the necessary things in life like getting dressed, needs assistance to the restroom or do any normal everyday activity's  Due to his S.C. 100% PTSD Disability

If your hubby is this bad with PTSD your likely to get approved for A&A,   if he has the SMC S HB they will take that away and use the A&A a Veteran can't have both SMC S and  A& A at the same time.

SMC (r1) is given if the veteran’s aid and attendance can be performed by non-medical professional, such as family member.

SMC(r2) is given if the A&A required must be performed by a licensed medical professional, or by someone working on behalf of a licensed medical professional. To qualify, VA must determine that the veteran would otherwise have to be hospitalized, placed in a nursing home, or otherwise institutionalized if they did not have access to in-home care.

I am not sure what A&A pays It will pay out above what he gets on the 100% monthly payment...it may be enough to get some one part time  if you want/need to go back to work.  sounds like you should not leave your hubby alone.  mention that in your claim.

Also if your hubby is heavy medicated and has OSA sleep Apnea  and needs a C-PAP Machine to breath better while he sleeps  you need to request that too. Actually  file a claim secondary to his PTSD Meds...for sleep apnea.  they can figure this all out but try to remember to add it in with his claim.for A&A

There maybe other ways to appy for A&A  if your hubby is not getting any SMC at this time? is your hubby only getting the 100% pay? or does he get other SMC Benefits?

   (SMC) is Special Monthly Compensation that pays on different levels of a  disability' and the severity of the disability.

you will need a qualified Dr letter to give his/her professional Opinion about the care your hubby needs & your lay statment in detail as to what and why you need help. send in all evidence you can get  his  100 %PTSD

& award letter and Dr's statements who is treating him...

 

Other members please chime in...

Edited by Buck52

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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Can you clarify this:

"I am writing this for my husband, a 20 year Veteran who is rated at 100% disability for PTSD"

If you mean he served for 20 years and the PTSD is combat related, he would be eligible for CRSC ( Combat Related Special Compensation) in addition to his Mil retirement amount.

If not, does he get SMC S now? or was he ever denied for SMC S?

Does he have any other SC conditions...if so what are they and how are they rated?

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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1 hour ago, Berta said:

Can you clarify this:

"I am writing this for my husband, a 20 year Veteran who is rated at 100% disability for PTSD"

If you mean he served for 20 years and the PTSD is combat related, he would be eligible for CRSC ( Combat Related Special Compensation) in addition to his Mil retirement amount.

If not, does he get SMC S now? or was he ever denied for SMC S?

Does he have any other SC conditions...if so what are they and how are they rated?

Berta, he served for 20 years and is service connected PTSD at 100% with the VA.   Nothing was ever mentioned about CRSC.  I never even heard of it!  He does not get SMC S either.  What is that?  He never applied for that either.  He is going to be 60 years old and is afraid that they will take something away from him.  I appreciate anyone who can guide me!   Here is a list of his total disabilities:

Post-traumatic stress disorder, alcohol abuse          100% Service Connected   05/01/2017
Tinnitus        10% Service Connected   12/20/2010
Intervertebral disc syndrome with arthritis (previously low back pain, with narrowed L5-S1) 10% Service Connected   06/19/2017

Left leg radiculopathy

10% Service Connected   12/20/2011

Right leg radiculopathy

10% Service Connected   06/21/2016
Left knee, status post arthroscopy, and meniscectomy with retro-patellar pain (previously DC 5014) 10% Service Connected   12/20/2011
Right knee, status post arthroscopy and meniscectomy with retro-patellar pain (previously 5014) 10% Service Connected   08/20/1999

 

 

1 hour ago, Berta said:

 

 

 

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2 hours ago, Buck52 said:

I would file a 21 527 EZ Request the A&A Benefits on behalf of your 100%S.C. PTSD Hubby. or use the statment in support of claim

Tell the VA What you mention here and get his Dr to State his opinion that he examined your hubby and he needs someone to care for him he can't do the necessary things in life like getting dressed, needs assistance to the restroom or do any normal everyday activity's  Due to his S.C. 100% PTSD Disability

If your hubby is this bad with PTSD your likely to get approved for A&A,   if he has the SMC S HB they will take that away and use the A&A a Veteran can't have both SMC S and  A& A at the same time.

SMC (r1) is given if the veteran’s aid and attendance can be performed by non-medical professional, such as family member.

SMC(r2) is given if the A&A required must be performed by a licensed medical professional, or by someone working on behalf of a licensed medical professional. To qualify, VA must determine that the veteran would otherwise have to be hospitalized, placed in a nursing home, or otherwise institutionalized if they did not have access to in-home care.

I am not sure what A&A pays It will pay out above what he gets on the 100% monthly payment...it may be enough to get some one part time  if you want/need to go back to work.  sounds like you should not leave your hubby alone.  mention that in your claim.

Also if your hubby is heavy medicated and has OSA sleep Apnea  and needs a C-PAP Machine to breath better while he sleeps  you need to request that too. Actually  file a claim secondary to his PTSD Meds...for sleep apnea.  they can figure this all out but try to remember to add it in with his claim.for A&A

There maybe other ways to appy for A&A  if your hubby is not getting any SMC at this time? is your hubby only getting the 100% pay? or does he get other SMC Benefits?

   (SMC) is Special Monthly Compensation that pays on different levels of a  disability' and the severity of the disability.

you will need a qualified Dr letter to give his/her professional Opinion about the care your hubby needs & your lay statment in detail as to what and why you need help. send in all evidence you can get  his  100 %PTSD

& award letter and Dr's statements who is treating him...

 

Other members please chime in...

Thanks Buck.  He is not receiving any other compensation.  He receives his military retirement, his 100% disability pay from the VA and social security disability.  He is afraid of the VA and states that if we file a claim then he risks losing some of his ratings.  Do they do this at 59 years of age?  He will turn 60 in November.  

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Oh_ I see he gets either CRSC or CRDP.

https://www.military.com/benefits/military-pay/special-pay/comparing-crsc-and-crdp.html

But I also see 6 Ten percent  disabilities.

Can you scan and attach his most recent decision here? Cover C file #, name, address prior to scanning it.

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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"Fear of rating Reductions" (F.E.A.R is False Expectations Appearing Real)  keeps many Veterans from applying for increases they deserve.  Va likes it that way, and VSO's often "feed the fear fire" by telling Veterans not to appeal or file an increase as that causes a reduction instead.  

Its absolutely false.  There are special rating protections with P and T, at 5 years, 10 years (for service connection) and 20 years.  

In order to reduce a 100 percent P and T rating, the VA has to show your condition "actually improved under ordinary condtions of life", which means working.  As long as he has not improved, and is not working, your rating is safe regardless of whether or not he applies for additional benefits or appeals.  

Reductions are not "triggered" by new conditions.  The Veteran has to meet the applicable criteria for reductions, and that criteria is NOT: "Whenever the VEteran applies for more benefits automatically reduce him instead."   Whether or not the Veteran appealed an effective date or sought more benefits is irrelevant when it comes to reductions.  What is critical (in reductions) is whether or not the Veteran "actually improved under ordinary conditions of life", not whether he applied for more benefits or not.   

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