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

[FormerMember]

The only way VA can propose incompetence would be if a psychiatrist or other medical professional determined you were not competent. This is a major decision and one that carries many implications-including the loss of the right to keep and bear arms. At some point, someone had to fill out a 2680 that indicated you were not in need of Aid and Attendance. That determination was made by someone. I suggest you go to your VAMC and visit the Release of Information Office (ROI). Ask them for a complete copy of all your VA medical records to date. In there, you will probably find a 2680 or a similar CAPRI medical record saying much the same that is asked on the 2680. 

[SgtStelmo]

Okay let me chime in a couple of issues here.  I read the statement and find two crucial problems with it.  First the statement is dated November 11, 2018.  Considering that is still five days away that seems problematic.  Second, I did not read the words "under penalties of perjury" or something similar.

Aside from that (and I admit this is a SWAG) is that Aid and Attendance is only available for one who meets the eligibility criteria for a VA pension.  So would be helpful if you explain how you are procedurally entitled to it as opposed to medically entitled to it.

[FormerMember]

You cannot, by law, be entitled to both pension and compensation entitlements. The DBQ attached to the original post discusses the neurocognitive disorders and other ailments sufficiently to provoke a VA investigation into the possibility of incompetence. As the Vet's wife is not a doctor and has no medical training, her letter is not useful for proving entitlement to A&A. Only a doctor can make that pronouncement. VA would be remiss if they failed to investigate and the Veteran later injured himself or others. On page 3 of the DBQ under History, the examining physician makes the statement that he (the Veteran) is no longer able to manage his financial affairs. This is the smoking gun that has provoked the fiduciary quandary. It's the same question asked on #27 of the 21-2680. While this particular Dr. doing the DBQ is qualified to make an assessment of incompetence in the first instance, she is not asked to, nor required, to do so on a DBQ.

As for entitlement to the A&A, again, it is granted when entitlement is shown to exist-and not a moment sooner. The DBQ states he is still working albeit on the verge of being let go and also states he should not be driving a motor vehicle. If you are still denied yet again, please contact me for possible representation before the VA. As I mentioned, I do this for a living and have a good working relationship with the Veterans Administration. It's a recipe-just like baking cookies. You have to have all the ingredients. It appears you do but VA is not in the habit of throwing money around. It's $3866.24 they are going to start paying. Obviously, if they can delay or get out of paying it, they will. And always remember, if you use a VSO like DAV, VFW or the like, their Congressional Charter demands they assist the VA-not you. I'm accredited and listed at the VA's OGC site-or feel free to call me at my office (253) 313-5377. Email is gagraham51@gmail.com. Best of luck in whatever you choose.

 

[SgtStelmo]

Asknod, 

First, I never said one could get both pension and compensation.  Because you state 'by law' would you mind providing me a citation for that law.  I see no reason why a person cannot get both, providing the sum total of those two plus any other income does not exceed the pension maximum.  But eager and willing to read your citation.

I was talking about the requirements to get Aid-in- Attendance, which is neither pension nor disability.  In order to be eligible for AIA you must meet the basic eligibility requirements for a pension.  Today there are hundreds of thousands of veterans who cannot meet these requirements.  AIA is a means tested benefit once determined eligible.  All your medical expenses are deducted from your income.  So if you need a person (could be anyone, son, daughter, whatever.) who charges two hundred dollars a week to cook and do laundry, you need a statement from them.  Those eight hundred would be deducted from your income and AIA will ultimately make up the difference to the full pension total.  Many medical expenses are deducted so it is a yearly basis determination.  Hope that helps clarify issues.

[broncovet]

There are actually "2" Aid and Attendance's.   One is pension A and A, and also is needs based.   The second one is Compensation A and A, which is also known as SMC L.  As Alex pointed out, you can not get pension AND compensation, but rather get the greater of the 2.  Pension is for Veterans who served in wartime, are generally low income, but do not meet the criteria for compensation benefits.   This usually means you have disabilities but they are Not service connected.   Or, you have service connected disabilities but at a low percentage where it does not exceed that of pension.   Example:  I was awarded pension and also 40 percent.  Since the pension amount was greater than that of a 40% disabled Veteran, I received the greater of the 2 which is pension.  

[Buck52]

5 hours ago, andrewdc said:

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. 

andrewdc

can you put up a redacted copy of your denial  reason and bases

black out name personal info

Also did the physic say on 9/6/2018  that you were unable to handle your finances?