Aid and Attendance Compensation

[Trapperx6]

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!

[Berta]

This veteran does get SSDI and also I add these additionals up to 60% but dont know if they would be combined to 50 or less for SMC:

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

 

Are these ratings still current?

I suggest that you have him file for SMC S-and use the Housebound form- 

but , is there anything in the last decision that VA stated regarding SMC? Even if they considered it but denied it....

One other thing- some of the ratings were done many years ago-if any of the 10 percents fall into a higher rating criteria by now, he should claim a higher increase. But I dont know if these 10%s are still current and i9f VA would consider them to total the additional 60% for SMC.

Since the veteran gets SSDI now,it will be converted to regular SSA when he is 65.

 

 

[Berta]

Since Buck feels you should apply for A & A ( I suggested SMC S and there might be a CUE in the last decision but without the complete decision -I dont know-)

I think you should go to the BVA  web site and read some A & A decisions.

I had a SMC CUE claim- it is in the CUE forum-

I knew they would award either Housebound or 100% plus 60.`

The long decision awarded both but they only pay for one- which they did.

They made a statement as to A & A but said since he could feed himself and button his shirts, etc ,he was not eligible for A & A consideration.Maybe I could have pushed for that but I didn';t.

My husband was 100% SC PTSD P & T and also had a stroke the VA had caused ( 100% P & T)and 6 or 7 significant areas of brain damage due to multiple Tias, that VA had also malpracticed on. Also he had a heart condition he didnt even know he had. He could not drive, could not sign a check ,was  not able to determine what currency he had,could not use a PC anymore, and the VA Van had to take him to VA Day Treatment 3 times a week because he could no longer drive. I had to sell my livestock because he w0uld heat up something on the stove and walk away forgetting it. When he was  the 21 day PTSD inhouse program, they took a trip and he got lost.Also I had tyo be with him ewhen he showered. The stroke had damaged his ability to feel hot and cold water.

My long point here is that Aid and Attendance is not easy to obtain. I will find some decisions at the BVA to show how they determine the need  A & A.

 

 

 

 

[Berta]

https://www.index.va.gov/search/va/bva_search.jsp?QT=PTSD+Aid+and+Attendance&EW=granted&AT=&ET=&RPP=10&DB=2018&DB=2017&DB=2016&DB=2015&DB=2014

I went to the BVA web site and searched a five year period but so far I have not found a A & A award that was granted.

I suggest you read through a few of the recent decisions to see why they were denied....and why some were granted.

But by all means apply for whatever you feel your husband deserves.

 

[Berta]

Just a brief final  comment:

"In the Bradley opinion, CAVC proposed it is possible for a veteran to be granted TDIU for a single disability and later granted service connection for another disability or other disabilities that amount to a 60 percent rating. "

https://ptsdlawyers.com/blog/bradley-v-peake-housebound-rate-160-percent/

But I feel the VA would combine the 6 10%s to 40 or 50%-in VA math ,therefore SMC Housebound would be the best way to go- and filed for along with the A & A, if the A & A claim fails.