paulstrgn Posted November 26, 2019 Share Posted November 26, 2019 That is good news. 48 minutes ago, Tbird said: She even answers her phone. I must say it is sad when someone answers there phone at work is a good thing. Are we not all supposed to answer our phones at work? I am not an attorney or an a credited VA rep. These are my personal opinions and experiences, always remember what worked for me may not work for you. You as the veteran are your own best advocate and no one knows your disabilities better than you. It is highly recommended that you as the veteran research and verify that any opinion given meets your specific situation. Link to comment Share on other sites More sharing options...
HadIt.com Elder Buck52 Posted November 26, 2019 HadIt.com Elder Share Posted November 26, 2019 This is good news Ms T...hang in there with the Voc Rehab sounds like 2020 Is going to be a good year for all of us. let us know how it all works out...sounds encouraging to me. Paul some Voc Rehab counselors are useless and will not answer their phone especially when we need them. Sounds like Ms T has a good V-R counselor. its very important to us veterans that we do get a decent caring Voc Rehab Counselor. I HAD ONE BACK IN 1999 AND IT MADE A WORLD OF DIFFERENCE. He went that extra Mile for me. I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!! Link to comment Share on other sites More sharing options...
Moderator broncovet Posted November 26, 2019 Moderator Share Posted November 26, 2019 Tbird...I apologize. I failed to carefully read your post. YOU Qualify for SMC L (Aid and Attendance), based on what you posted. (You have a nurse coming to your home 7 hours a week). My advice is for you to apply for SMC L, if you havent already. Read the criteria for A and A, below, to see if you agree and think you qualify: Note: The VA puts in the critiera AND BEDRIDDEN. This does not mean you have to be bedridden to get A and A, but if you are bedridden, you qualify. Quote § 3.352 Criteria for determining need for aid and attendance and “permanently bedridden.” (a) Basic criteria for regular aid and attendance and permanently bedridden. The following will be accorded consideration in determining the need for regular aid and attendance (§ 3.351(c)(3): inability of claimant to dress or undress himself (herself), or to keep himself (herself) ordinarily clean and presentable; frequent need of adjustment of any special prosthetic or orthopedic appliances which by reason of the particular disability cannot be done without aid (this will not include the adjustment of appliances which normal persons would be unable to adjust without aid, such as supports, belts, lacing at the back, etc.); inability of claimant to feed himself (herself) through loss of coordination of upper extremities or through extreme weakness; inability to attend to the wants of nature; or incapacity, physical or mental, which requires care or assistance on a regular basis to protect the claimant from hazards or dangers incident to his or her daily environment. “Bedridden” will be a proper basis for the determination. For the purpose of this paragraph “bedridden” will be that condition which, through its essential character, actually requires that the claimant remain in bed. The fact that claimant has voluntarily taken to bed or that a physician has prescribed rest in bed for the greater or lesser part of the day to promote convalescence or cure will not suffice. It is not required that all of the disabling conditions enumerated in this paragraph be found to exist before a favorable rating may be made. The particular personal functions which the veteran is unable to perform should be considered in connection with his or her condition as a whole. It is only necessary that the evidence establish that the veteran is so helpless as to need regular aid and attendance, not that there be a constant need. Determinations that the veteran is so helpless, as to be in need of regular aid and attendance will not be based solely upon an opinion that the claimant's condition is such as would require him or her to be in bed. They must be based on the actual requirement of personal assistance from others. Link to comment Share on other sites More sharing options...
Founder Tbird Posted December 5, 2019 Author Founder Share Posted December 5, 2019 On 11/26/2019 at 7:23 AM, broncovet said: Tbird...I apologize. I failed to carefully read your post. YOU Qualify for SMC L (Aid and Attendance), based on what you posted. (You have a nurse coming to your home 7 hours a week). My advice is for you to apply for SMC L, if you havent already. Read the criteria for A and A, below, to see if you agree and think you qualify: Note: The VA puts in the critiera AND BEDRIDDEN. This does not mean you have to be bedridden to get A and A, but if you are bedridden, you qualify. well it appears that the va requested all my microfiched records from the VA so I have no idea why they need that from smc L but it gives me the willies i hope this does not mean anything negative for me. the voc rehab independent living contractor is coming next wednesday to check out my living situation they say it takes about 2 hours and I am hopeful that it will be very helpful. Tbird Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997 HadIt.com Veteran To Veteran | Community Forum | RallyPoint | FaceBook | LinkedIn | About Me Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years I am writing my memoirs and would love it if you could help a shipmate out and look at it. I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life. The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans. Link to comment Share on other sites More sharing options...
Moderator broncovet Posted December 5, 2019 Moderator Share Posted December 5, 2019 Requesting your records is usual whenever you request an increase or apply for new benefits. You have nothing to worry about, unless you have actually improved. https://www.law.cornell.edu/cfr/text/38/3.344 But, yes, you do have to agree to let VA see your records. When you apply for SMC L (aid and attendance) its almost always a C and P exam, and the c and p examiner has to "review your records". After all, you have told VA you need help with basic needs, and it sounds like you do. Criteria for A and A: https://www.law.cornell.edu/cfr/text/38/3.352 Based on your post, you have someone coming to help you several days a week. Why would they order that if you did not need it?? Link to comment Share on other sites More sharing options...
HadIt.com Elder GBArmy Posted December 5, 2019 HadIt.com Elder Share Posted December 5, 2019 Ms T, Bronc makes a lot of sense (usually does.) If we put in for an increase, the VA has to see if conditions have changed. If we request an increase, we are saying that things have changed FOR THE WORSE. Sounds to me like things aren't getting better for you physically. You are going to be fine. Chin up! paulstrgn 1 Link to comment Share on other sites More sharing options...
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