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Is A/A without a CG possible?

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Ocean

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Hello all,

I did several searches, I am sorry if this is a duplicate question or posted in the wrong spot. Long story short, I went to the VA Vocational Rehab and was told that I was too disabled to work. I thought that was the end of it, but he referred me to Independent Living. My spouse spends a bunch of time taking care of me and we just accepted it is what it is. But they are encouraging us to apply for the Care Giver Program and everything. The issue is what I found on these forums, there is no way I can have someone come to my house. I have severe PTSD and OCD (Intrusive/Violent Thoughts) on top of the physical stuff. My own family doesnt know my address nor is anyone allowed on my property. My wife was a nurse in the past and getting certified isnt an issue, I just can not handle strangers. I know the VA is a little slow adapting to mental health, but I am between a rock and a hard place. Is A/A only extended while I am in the VA's caregiver program? 

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Correct.  You dont have to hire a stranger. You can even have a family member perform Aid and Attendance and still be compensated for it.  

Source: https://www.law.cornell.edu/cfr/text/38/3.352  Read item "c" which states:

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(c) Attendance by relative. The performance of the necessary aid and attendance service by a relative of the beneficiary or other member of his or her household will not prevent the granting of the additional allowance.

 

Edited by broncovet
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I saw a few posts where VA social workers come to the home every 3 months, is that wrong? Or is it less often at least? Thats what I mean by strangers.

Edited by Ocean
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Do you use the program? I havent been able to find any one actually sharing what the program is like. I dont really trust the VA, esp the Arizona hospitals, and I stay away from them. Now I use doctors under my spouses insurance for surgeries and care and just accept the costs. If the home visits are actually based around care and not trying to find a way to pull me out of the program unjustly, then I may consider it - but I dont know how I will overcome the physical presence of people in my only safe space.

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Ocean 

if you qualify for A&A   you need to file a claim for it.

if you can get  Dr to say  you need the aid of another person  due to your S.C.disability's they should approve you.

They even have a new A&A program out now for Veterans spouse  that  needs the assistance for another person and should not be left alone. needs assistance for transfers  to bed  or chair  needs assistance for bathing  and mother nature needs, needs to be hand fed  ect,,ect,,, if the Veteran is 100% p&t I believe , but I could be wrong on that...it could be for all veterans that need the help with their disabled spouse.

My spouse is in need of assistance and I can't be around all the time and I have my disability conditions to deal with   this new A&A program was just for  post 911 veterans   only but as of June 2 second 2020  its open for Vietnam veterans now

I MAY CHECK THIS VA Program OUT MYSELF!!! FOR HELP WITH MY SPOUSE..NOT SURE WHAT IT PAYS ?  BUT ANY LITTLE BIT WILL HELP.

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I dont have the social worker's schedule, and can't even say a social worker is even necessary.  

If you review the criteria for A and A, it does not say:

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You must have a social worker come to your home each quarter (4 times per year).

Instead, you must have medical evidence you need A and A.  

I can not say as I blame you for not trusting VA.  The VA has earned our lack of trust.  This said, you probably are not "returning your compensation payments" to VA.  Instead, you are doing what you can to maximize those payments, and that would include filing for A and A if you deserve it.  

Check the criteria to see what you think, I have no idea what your health is.  THIS is what the critiera says:  

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§ 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.

 

Edited by broncovet
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