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]

4 hours ago, SgtStelmo said:

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.

 

Regrettably, I have to disagree. If you disbelieve me, try a VSO out and tell him you want to file for entitlement to both. 

Pension (taxable) is for Vets who served during a period of war for non-service connected injuries. See 38 CFR §3.3

Compensation (non-taxable) is for chronic service connected injuries in the line of duty for Vets who served more than 24 months  See 38 CFR §3.4

See also §3.1(k)(l);  §3.151(a); §3.155(b)(2). You are not entitled to "double dip". Either your injuries are SC or they are NSC. You are certainly entitled to the higher of whichever you qualify for. For argument's sake, I can't imagine a Vet opting to fight to get pension when he qualifies for 100% compensation (or more). 

As for AIA (?), the person posing the question (AndrewDC) only mentions Aid and Attendance. He is entitled to tax-free Compensation so would have no need to seek a taxable Pension. Ergo, why would he or I discuss possible entitlement to  pension-based AIA you mention? I've been doing this 30 years  and never heard of Aid IN Attendance. Perhaps you could cite to a 38 CFR? I can't find it.

Aid and attendance is described in 38 CFR §3.352. It specifically cites a nonexhaustive list of the deficits needed to qualify for A&A. There are three "grades" of A&A. SMC at  the L rate is basic A&A. R1 is the first of two stages of a higher level of A&A. R2 is the highest level of A&A awarded. See also §3.350(h) §3.352(b).

Perhaps what you are thinking of is Aid and Attendance in reference to Pension which is an additional payment every month when not in a medical facility at government expense. The same disabilities must be met as in §3.352(a) but makes no provisions for entitlement to the higher levels of Aid and Attendance at the R1 or R2 rates (§3.352(b)).  The amount is also taxable.  Pension is a means-tested entitlement. Pension with A&A is also means-based.  Unlike compensation entitlement, it is taxable so any Social Security income, income from a union pension, or stocks and bonds are deducted from the total VA pension award amount. Here's the link to the VA site but I see no mention of Aid IN Attendance---  https://www.benefits.va.gov/pension/aid_attendance_housebound.asp  

<<<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.>>>   Cite? 

Here's the dead giveaway as to why you cannot file for both comp. and pension as it is explained in the prelude on the VA form instructions. Read VAF 21P-527EZ (for pension)   https://www.va.gov/vaforms/form_detail.asp?FormNo=21P-527EZ. Note the form states " Use this notice and the attached application to submit a claim for veterans non service-connected pension benefits."

Whereas on the VAF 21-526EZ, the prelude clearly states: " Use this notice and the attached application to submit a claim for veterans' disability compensation and related compensation benefits." I grant you VA is lost in space, but I've never heard of having two different forms to fill out to pursue the same financial entitlement. Before 2014, the old 526s stated you could use the 526 for either a compensation or a pension claim-but again-never both simultaneously.  

But I could be wrong... Just because I haven't heard of Aid In Attendance doesn't mean I'm right by any means. Pension is not my strong point, Sgt. Stelmo. For that reason, I don't do pension legal work. VSOs, on the other hand, do very good Pension work, burial benefits and the like. In fact, my knowledge of pension law is what I needed to pass the exam to become an agent.  I leave pension to the experts. My law focus is strictly on Compensation beyond 100% and the higher levels of SMC. andrewdc seeks SMC L for A&A which is right down my alley. And, since this question was in the  VA Disability Compensation Benefits Claims Research Forum area, I actually answered it from a compensation-only angle. Truth be told, the pension angle never entered my head. 

 

Edited November 7, 2018 by asknod