I apologize if this is not the correct section for this question. I am not a veteran. My father is a veteran of the Marines, served in Vietnam and was also stationed at Camp Lejeune. He was just recently awarded a 100% disability rating for Parkinson's Disease and the other associated conditions that are tied to it. He was also granted SMC(K1).
He no longer drives, lives in an assisted living facility and in my opinion would be deemed housebound.
My question is shouldn't the VA have automatically considered him for aid and attendance SMC(S) level? If so, should I be looking to file an appeal to his initial claim, which has been closed out, or file a new claim?
In addition, can't A&A also be considered at the SMC(L) level and if so could he be considered for that?
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minerva18
Hello,
I apologize if this is not the correct section for this question. I am not a veteran. My father is a veteran of the Marines, served in Vietnam and was also stationed at Camp Lejeune. He was just recently awarded a 100% disability rating for Parkinson's Disease and the other associated conditions that are tied to it. He was also granted SMC(K1).
He no longer drives, lives in an assisted living facility and in my opinion would be deemed housebound.
My question is shouldn't the VA have automatically considered him for aid and attendance SMC(S) level? If so, should I be looking to file an appeal to his initial claim, which has been closed out, or file a new claim?
In addition, can't A&A also be considered at the SMC(L) level and if so could he be considered for that?
Any advice would be appreciated.
Thank you
Edited by minerva18additional info
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FormerMember
I fight this battle for my clients every day. The legal standard of review is not that you have solely lost the use of your lower (or upper) extremities. While VA tries to frame the discussion in that
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