Aid and Attendance

[Drcracing87]

Having spouse type this for me:

I applied for a&a Oct 3 2019 and was told by the Regional office that with the Disabilities that this wouldn't take long to approve, Today we received denial letter Stating that we do not meet the Requirement for Aid and Attendance, But when you look further in to the dissention portion of the letter it states The service member is eligible for aid and attendance. So why did they send a denial letter when in the same Paragraph stats Im eligible due to Service Connected Disabilities 

[GBArmy]

Drcracing87 Not sure what is going on either. The VA folks have standard clauses that they select and "cut and paste" stuff on our responses, so it is hard to tell if that is a mistake. I would suggest that you redact your personal info, name, ssn, etc. and attach it so we can see what is in your decision letter, so we can better evaluate.

[broncovet]

GB Army is correct.  We cant tell until/unless we see the letter. Bottom line is if you dispute the result, then file a nod.  

Did your doctor say you needed A and A?  I think Tbird is also disputing an A and A denial, probably at the BVA.  

[Buck52]

I WAS TOLD THAT WHEN WE FILE FOR A&A WE WILL NEED OUR DR OR MULTI-DR/s to state your disability and also mention he is treating you  and the Dr' or Dr's NEEDS TO GO INTO FURTHER DETAILS about your disability  and why you need the A&A. (his medical opinion)

Having medical records to help substantiate  your claim for the A&A is not enough.

Unless you have a very very  Veteran Friendly Doctor  its very hard to get a Dr to write his opinion about your medical disability/disability's.(THEIR JUST TO BUSY)

One other way that I know of is research all your medical records (VA &PRIVATE) and use the details of what the Dr's or surgeon's or specialist, mention in these records about what your prognosis is of your service connected disability's. THAT WOULD RENDER YOU THE NEED FOR A&A. 

**Note**HI-LITE THE PARTS THAT YOU NEED THE RATER TO READ.

Yes I agree we need to see your denial letter.

  black out your personal information. name claim # address ect,,,ect,,,&

add it to this post.

(jmo)

[broncovet]

I often cringe when I hear the words:  "I was told"...as related to VA law.  There is a lot of misinformation going around, and at least some of this originates in a VSO office or even VA employee office.   One example of this:  "Dont apply for additional benefits, you will be reduced instead."  That is a myth unsupported by any regulation, case law, etc.  To the contrary, its hard for the VA to reduce you (unless you have a temporary rating).  P and T's have serious protections and rarely do they "stick" if the Veteran disputes a proposed reduction.  See 38 CFR 3.344, here: 

https://www.law.cornell.edu/cfr/text/38/3.344   Of course, if the Veteran is unaware of 38 CFR 3.344, there is little to stop the VA from taking advantage of the Veteran based on his lack of knowledge of the regulations, including this one.  If the VA complied with the regulations, in their entirety, each and every time, we would not need the BVA or CAVC, and all of those decisions would be denied again.   Each win for the Veteran at the BVA or CAVC level suggests there were errors in the VARO decision.  Since About 2/3 of BVA decisions are granted in favor of the Veteran, or at least remanded we know the VA frequently does not comply with regulations.    

Its gonna "be tough" for the VA to deny A and A "at the BVA level" IF the only (medical) evidence for A and A is favorable.  Of course, the RO denies stuff for all kinds of reasons.  While it probably "wouldnt hurt" to have MULTIPLE doctor's "favorable medical opinion", it should not be necessary "unless" there is also "unfavorable" evidence.  

CCK law explains A and A, and does not mention multiple doc opinion's:

https://cck-law.com/blog/aid-and-attendance-benefits/#:~:text=What is Aid and Attendance,the activities of daily living.