Denied aid and attendance smc l

[andrewdc]

The va denied my claim for a&a smc l. They did not provide a specific reason other than they say I didn't meet criteria. We have filed a nod. Atatched is spouse statement and medical psych report for 9/6. IS this enough evidence to get an approval?

had 1.5.18.docx

[Buck52]

To receive service-connected compensation, you typically must demonstrate the following:

 

1. You must have separated from active military service with a discharge other than dishonorable;
2. You must have medical evidence of a current diagnosed disability;
3. Evidence of an in-service illness, injury, or event; and 
4. Medical evidence supporting a link between the in-service illness, injury, or event and your current diagnosis.  

Many veterans run into issues when they do not provide enough supporting evidence of a link between their service in their current diagnosis.  Another common issue veterans face is the assignment of an incorrect disability rating.  

To avoid unnecessary delays or improper claim denials, make sure you submit all the necessary evidence when you initially file your claim.

Evidence Showing Separation from Service

The first requirement to receive disability compensation can be met by providing the VA with your DD Form 214, also known as your military separation papers. This requirement usually does not cause as many issues as the other requirements for disability compensation because a DD Form 214 is fairly easy to acquire and the Veteran’s discharge status is written directly on the form.

Evidence Showing Service-Connection

''To show direct service-connection, you need to provide the VA with evidence that your disability was incurred in or is due to a specific event or injury that occurred during your military service. Some examples of evidence that could support service-connection are:''

• ''service medical records
• Pictures of your wounds or injuries
• Buddy statements from fellow veterans who knew about your injury or illness
• Separation health assessments
• Statements from your spouse, family members, or friends stating how your injury has affected you
• A statement from your doctor giving the opinion that your current disability is related to an event that happened during your military service''

''Evidence Proving Your Current Disability''

''In order to be eligible for service-connected disability compensation from the VA, you must provide medical evidence of a diagnosed disability.''

  ''You will also want  to document the full extent and frequency of all of your symptoms because in most cases your rating will be based on the severity of your symptoms.''  

''Provide the VA with a doctor’s diagnosis of your current disability. Statements from friends and family members may also provide evidence of the severity of your disability and how it impacts your daily life.''

''For some conditions, the difference between mild symptoms and moderate symptoms can result in a higher rating. You may want to consult with a veterans attorney for assistance in thoroughly developing your claim.'' 

Source: ''CCK Attorney's LLP''

 

Edited November 5, 2018 by Buck52

[andrewdc]

25 minutes ago, Buck52 said:

To receive service-connected compensation, you typically must demonstrate the following:

 

1. You must have separated from active military service with a discharge other than dishonorable;
2. You must have medical evidence of a current diagnosed disability;
3. Evidence of an in-service illness, injury, or event; and 
4. Medical evidence supporting a link between the in-service illness, injury, or event and your current diagnosis.  

Many veterans run into issues when they do not provide enough supporting evidence of a link between their service in their current diagnosis.  Another common issue veterans face is the assignment of an incorrect disability rating.  

To avoid unnecessary delays or improper claim denials, make sure you submit all the necessary evidence when you initially file your claim.

Evidence Showing Separation from Service

The first requirement to receive disability compensation can be met by providing the VA with your DD Form 214, also known as your military separation papers. This requirement usually does not cause as many issues as the other requirements for disability compensation because a DD Form 214 is fairly easy to acquire and the Veteran’s discharge status is written directly on the form.

Evidence Showing Service-Connection

''To show direct service-connection, you need to provide the VA with evidence that your disability was incurred in or is due to a specific event or injury that occurred during your military service. Some examples of evidence that could support service-connection are:''

• ''service medical records
• Pictures of your wounds or injuries
• Buddy statements from fellow veterans who knew about your injury or illness
• Separation health assessments
• Statements from your spouse, family members, or friends stating how your injury has affected you
• A statement from your doctor giving the opinion that your current disability is related to an event that happened during your military service''

''Evidence Proving Your Current Disability''

''In order to be eligible for service-connected disability compensation from the VA, you must provide medical evidence of a diagnosed disability.''

  ''You will also want  to document the full extent and frequency of all of your symptoms because in most cases your rating will be based on the severity of your symptoms.''  

''Provide the VA with a doctor’s diagnosis of your current disability. Statements from friends and family members may also provide evidence of the severity of your disability and how it impacts your daily life.''

''For some conditions, the difference between mild symptoms and moderate symptoms can result in a higher rating. You may want to consult with a veterans attorney for assistance in thoroughly developing your claim.'' 

Source: ''CCK Attorney's LLP''

 

I guess I should have started with I am already SMC S +K (100 % major neurocognitive disorder, 100% copd, 30% allergic rhinitis, 30% sinusitis, 20% diabetes ll, and 4 separate 10% for sciatica. what I'm asking if someone with knowledge of aid and attendance smc l would review my submission and tell us if its enough to get approved. Thanks

[Buck52]

Oh okay  didn't know you already had the SMC S...??

OK  IF YOU SEEK A&A  THAT'S EVEN HARDER TO REACH DEPENDING ON HOW BAD YOUR SYMPTOMS ARE  OR HOW SEVERE.??

IF YOU CAN STILL DRESS YOURSELF FEED YOURSELF  AND SOME OTHER THINGS BY YOUR SELF  THEN YOU DON'T QUAIFLFY FOR SMC. A&A UNLESS YOU HAVE A qualified Dr opinion that you can't dress yourself feed yourself ect,,ect,, you will be denied SMC.A&A.

OTHER THAT LOSS OF USE OF HANDS OR FOOT LEGS  ect,,ect,,

There is also these that need to be met

Being blind.

being permanently bedridden, or.

being so helpless as to be in need of the regular A&A of another person.

if you meet all these conditions that are severe you need a Qualified   Dr to state you meet these conditions...the Dr needs to put his experience and credentials down as well.

medical evidence is what wins claims.

Veterans who are certain they are eligible - If a veteran is highly confident they meet ALL eligibility requirements, they can use the following application methods.  Little or no human assistance will be available.

1. Apply online using VONAPP.  Do not use VONAPP if you:

already receive compensation or a pension

are applying for an increase in benefits

have a pending application

want to notify the VA about dependency or income changes.

2. Download and fill out the documents and send to the regional VA office.

Veterans should use VA Form 21-527EZ (large file) 

Surviving Spouses should use Pension of VA Form 21-534EZ (large file) or

Go to the VA Forms Homepage

3. Contact a Veterans Service Officer at a regional VA office or call toll free 1-800-827-1000
 

Veterans uncertain of their eligibility - If a veteran or their family members are uncertain about their eligibility or which type of compensation is most beneficial to their situation, it is strongly advised that they seek the consul of a veterans benefits planner prior to application.  

YOU CAN'T RELY ON YOUR LAY STATEMENT  ALONE!!!

  UNLESS YOU HAVE THIS LETTER FROM THIS DR  THAT EXAMINED YOU AND WROTE THIS OUT  ON 9/6'2018 FROM YOUR PSYCHOLOGIST

..YOU NEED THIS AS YOUR EVIDENCE    EVEN THOUGH YOU MENTION THIS IN YOUR LAY STATEMENT  IF YOU DO NOT HAVE THIS LETTER OF EVIDENCE..YOU WILL BE DENIED.

 

 

 

 

 

Edited November 6, 2018 by Buck52

[FormerMember]

AndrewDC

The  best thing to do is to have a VA doctor do an A&A exam on you. Download the VA Form 21-2680 and take him a copy to fill out. They generally can do it while you are there for a regular checkup. If you do not use VAMCs, have your local private care provider in the community fill out and sign the 2680. The answers to that form will determine whether you qualify for A&A (SMC at the L rate). Here's the link to it.

https://www.vba.va.gov/pubs/forms/VBA-21-2680-ARE.pdf

As a note of caution, be careful how you answer # 27. A "no" answer will result in VA appointing a fiduciary for the Veteran and controlling how his funds are spent. It also takes a while to establish a fiduciary and VA will hold up the payment award until the Fiduciary Field Examiner makes a home visit. It's a paperwork jungle to avoid if the Veteran is indeed competent. I do this for a living (SMC) and if you have any other questions, feel free to contact me.

[Buck52]

Thanks Alex.

I didn't  think of the 2680.

good info buddy.

[andrewdc]

15 hours ago, asknod said:

AndrewDC

The  best thing to do is to have a VA doctor do an A&A exam on you. Download the VA Form 21-2680 and take him a copy to fill out. They generally can do it while you are there for a regular checkup. If you do not use VAMCs, have your local private care provider in the community fill out and sign the 2680. The answers to that form will determine whether you qualify for A&A (SMC at the L rate). Here's the link to it.

https://www.vba.va.gov/pubs/forms/VBA-21-2680-ARE.pdf

As a note of caution, be careful how you answer # 27. A "no" answer will result in VA appointing a fiduciary for the Veteran and controlling how his funds are spent. It also takes a while to establish a fiduciary and VA will hold up the payment award until the Fiduciary Field Examiner makes a home visit. It's a paperwork jungle to avoid if the Veteran is indeed competent. I do this for a living (SMC) and if you have any other questions, feel free to contact me.

The VA has already proposed incompetence. Our issue is how can they say I'm unable to handle my finances but well enough to not be a danger to myself on a daily basis. Seems illogical especially based on the psych report...however, I have meeting with my va neurologist today to see if he will complete form but I find asking va doctors to complete forms for monetary benefits is usually not helpful.