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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
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      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
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      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

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RyanHart

Calculating Income/assets for A&A

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A veteran who is 100% T&P receives generally over 3k per month from VA and receives healthcare at no cost. Would this not automatically disqualify said Vet from A&A based on income restrictions? The posts I've read seem to take this income to count against the income requirement. What am I overlooking?

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Posted (edited)

No.   What you are "overlooking" is that  there are "2" A and A's.  (Actually more, but that isnt relevant, right now.  In summary, you can get "higher" A and A if you need a nurses care around the clock).   The 2 A and A's are:  

1.  "Pension" A and A.  This is needs based, like pension, where if you make too much money you are not eligible.  

2.  "Compensation" A and A.  This is also called SMC L, and adds about another 700 per month to a 100 percent Vet, "provided that" he qualify for A and A.  Criteria is in 38 CFR 3.352 here:  https://www.law.cornell.edu/cfr/text/38/3.352

     Dont feel like the lone ranger.  Pension A and A and compensation A and A are often confused, and Im not even sure all VA employees completely get the differences, especially because the criteria for pension A and A and compenstion A and A are similar, but with pension you dont have to prove its sc, but you do have to have low income.  

     In my case Va awarded "pension housebound" when they should have awarded "compensation housebound", because I was at 100 percent, because A and A and housebound BOTH have a pension and compensation components.  

    I figured it out just like you did.  You see, the VA awarded "pension" housebound, when I was at 100 percent,and, as you pointed out there really is no such thing as pension housbound when your are at 100 percent, its SMC S.   

Edited by broncovet

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I'm not A&A but get SMC-S  And K for ED,

ED IS SERVICE CONNECTED @0% BUT IS PAID IN ADDITION TO WHAT I ALREADY GET WITH  SMC-S;...> MY TOTAL VA DEPOSIT IN 3,760.00

With one dependent  my spouse.

I was 90% combined rating and inferred  the TDIU P&T 

And Later filed another  separate claim that was rated 70%  this is how I got the SMC -S

Filed a separate claim for the E.D.  service connected @0% but it pays about 138.00 extra.

I am going to file A&A for my spouse.  she is not a veteran but since they passed that a veteran spouse is eligible for A&A were going to file  any help We get would help.

She needs help at home 24-7 can't walk and is not suppose to use a cane Dr's Orders and she can't never be left alone  she fall -prone and she needs help getting dressed and bathed can't cook....

Dr's are afraid if she ever falls just right her Back will snap..and could kill her or paralyzes her? her spine is like mush they said  she had all the Back surgerys possible and now Osteoporosis is set in deep.

along with other parts of her body  if she was a service connected veteran she would qualify for the higher #SMC's

she weighs about 89 LBS  From her normal weight of about 145lbs

 

 SHE HAS HAS ALL KINDS OF CONDITIONS THAT ENABLES HER  TO MANY TO MENTION BUT THEY ARE SEVERE 

 

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    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
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    • Mere speculation in your VA C and P exam

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      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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