Approved For A & A

[gdsnide]

Asked a question a day or so ago pertainng to A & A for my Wife & myself,

As I had said we have all the Docs reports to back it up.

Called the 1,000 number today & was informed it was approved.

At what percentage I have no idea.

My only problem is that the talking head on the 1,000 line may be wrong.

I certainly hope not.

Does anyone have any idea what percentage they usually rate at & yes I'm rated at 100% T & P.

Also, Thank each & everyone who responded with some ideas &/or advise

GARY

[gdsnide]

Gary-- You are going to be quite pleased with your pay of A/A because you will receive either the R! or the highest at this time R2. Plus you get the $126.00 for your wife.

Without Children, SMC-N 1/2 through SMC-S

Dependent Status N½ O/P R.1 R.2 S

Veteran Alone $4,086 $4,313 $6,164 $7,070 $2,766

Veteran with Spouse $4,225 $4,452 $6,303 $7,209 $2,905

Veteran with Spouse and One Parent $4,337 $4,564 $6,415 $7,321 $3,017

Veteran with Spouse and Two Parents $4,449 $4,676 $6,527 $7,433 $3

So either the $6303.00 or the $ 7209.00 per month depends how helpless or if you need care provided by an skilled provider.

Dorthy,

Put your answer in wrong panel but U can see what I mean.

Thank U very much

GARY

[Berta]

Gary-all I heard was Clark recovered from that illness but doesn't seem to be around much-

maybe he still works claims at the CAVC.

I think you mean the Ten year DIC rule- 38 USC 1318-

If the vet is rated at total disabling due to service and P & T for at least ten years prior to death, the VA can award DIC under this reg.

The regs state: "in receipt of" or "entitled to receive" the 100% P & T comp-

meaning a claim in progress for this has to be re-opened and continued by the spouse on the 21-534 application for DIC.

But this 10 year DIC is an "as if" benefit.

It is not same as direct SC death.It does not bring all the benefits to the spouse that the direct SC death does.A spouse should claim both Sec 1318 entitlement as well as direct service connected death.

Gary- you are a testament to the fact that Perseverance Pays off!

This is really good news but the letter from VA will explain what they awarded better and then you can make sure their figures are right.

[sixthscents]

Yeah Gary let us know what they say,

I'd like to make a point ...a ctually pose a question...

as I understand it.. if a 100% schedular vet dies of a S/C illness, or an illness which was worsened by a S/C illness then the spouse gets DIC reguardless the timeframe... correct? Otherwise the 10 year rule applies. Work with me here, i want to make sure I gave the right info... reference please.

[gdsnide]

Gary-- Do you receive SMC now for loss of use lower extremities. This would entitle you to an "L' award for LOU. Now if you were helpless from something other than the loss of use. Lets say your seizure were so bad that you required the assistance of another for your ADL's otherwise you would require nursing home placement. If granted you would receive another "L" award for A/A. Because you now have the 2 "L'" award you are entitled to an "O". which now entitles you to the R1. Now if the Dr request that a nurse perform lets say dressing changes, this would entitle you to the R2. there are other ways where you can receive a 1/2 step or 1 ful stepl. If you are drawing the smc L and higher. Like Rich T said you have to read the reg.

Dorthy,

Yes, my Seizures are & have been for a long time where I need assistance from others or I have no idea what would happen.

Usually when I get to the Hospital I get shot full of Valium & that seems to settle the Seizures down for a while.

When I had the Status for 12 hours straight they went into my Juglar Vein with Valium. My Wife had to sign a waiver that if they killed me to bad.

I also have a couple of other Doc Opinions I didn't send in ( Ya,have a bunch) with this claim. Figuring if more evidence was needed I would have it.

Have an IMO that says I have Dementia that has been caused by all the Seizures I have & I have one or two more but can't remember what they are.

I have a container ( TupperWare Box) I keep them in so they are there & don't feel like looking thru all them till I find out what sort of ( If any) rating I get out of this.

[gdsnide]

Gary-all I heard was Clark recovered from that illness but doesn't seem to be around much-

maybe he still works claims at the CAVC.

I think you mean the Ten year DIC rule- 38 USC 1318-

If the vet is rated at total disabling due to service and P & T for at least ten years prior to death, the VA can award DIC under this reg.

The regs state: "in receipt of" or "entitled to receive" the 100% P & T comp-

meaning a claim in progress for this has to be re-opened and continued by the spouse on the 21-534 application for DIC.

But this 10 year DIC is an "as if" benefit.

It is not same as direct SC death.It does not bring all the benefits to the spouse that the direct SC death does.A spouse should claim both Sec 1318 entitlement as well as direct service connected death.

Gary- you are a testament to the fact that Perseverance Pays off!

This is really good news but the letter from VA will explain what they awarded better and then you can make sure their figures are right.

Berta,

As I always say " I would never have made it with out U"

One more question...As usual

OK.... Isn't a Vets compensation protected after 10 years from the VA?

Meaning such as they couldn't come up with some c & p s or some other trick & lower your rate.

But, maybe since I'm T & P that wouldn't relate to me. Not really sure why I want to know this but am a bit anxious on what they will say.

I run some of the numbers I have read thru my head now & then ( Have nothing else to do) & guess that's why I'm wondering about the 10 year thing.

I filed in 1997 & was awared SC a couple of years ago so would the 10 year limit ( If there is one) go back to '97 or from when I started receiving the checks?

As always I can't Thank U enough.

Guess I'll do some checking & see if I can get in touch with Clark.

I've tried calling him & E Mailing him to no avail but know what town he lives in, or did, & start from there.

Alex was kind enough to give me the name of a Lawyer he said could help me if I needed it & I am Thankful to him for that.

Just trying to find Clark as we seemed to get along very well together & evrything he said he could do he did.

So, per chance, you hear anything please let me know & Thank You for all the help once again.

Never quit or U have lost.

[gdsnide]

OK... Need some help here

Called the 1,000 & was told I was approved & would hear from them within 5 days.

Didn't hear from them.

Called the 1,000 number back & was told I wasn't approved yet.

Called the BVA & they said it hadn't been approved & would be some time yet,

Anybody have any idea what some time means? lol

What I'm wondering is if the 1,000 # gives out wrong info very much or I'm in the middle of a big SNAFU or what?

Kind of inclined to believe the BVA as they do decide what one sends there so guess I'll just sit & wait like I did on my last claim.

Question...... Since I have filed a NOD with the BVA do I have to wait for a denial before I can get a Lawyer or what?

Thank U for your time.

GARY