How to get the extra benefit if your spouse is on AA

[armyvetmom3]

On the pay charts for Disability and Compensation it says that if you have more than a 30% disability than you are suppose to get an additional amount if your spouse is on Aid and Attendance.  I was rated at 90% with 100% unemployability from July 2010.  My husband was on aid and attendance from 1982 until he passed away in 2018.  I submitted a form that listed him as my dependant and that stated he was on AA and since his AA was from the VA they had the records to show that.  I called several times and the lady always said that I didn't get anything that only my husband got AA and I did not get anything extra.  I would like to know how I can get this corrected so that I can get the back pay that I am owed from July 2010 to the date of my husband's death on January 16, 2018.

[Buck52]

hello

 welcome to hadit

 armyvetmom 3 quoted

''On the pay charts for Disability and Compensation it says that if you have more than a 30% disability than you are suppose to get an additional amount if your spouse is on Aid and Attendance''  ....>who do you mean here?   are you referring  to yourself  or your hubby?

As I understand....> your hubby was on A&A  From 1982 (or longer?) but then he passed in July 2018...and your his spouse also a service connected veteran yourself  at  rated @90% but since you could no longer work they inferred you the TDIU ...and if you were your hubby caregiver they paid you for taking care of him...right?  what I am not understand is the 30% you mention above...to qualify for A&A a Veteran needs to be in bad shape rather or not he is 100% it depends on what condition his disability is and rathe ror not he can care for himself or he can't do the necessities of life due to his disability's

i AM NOT SURE i UNDERSTAND YOUR QUESTION Are you asking if you can get your husband A&A Compensation since his death..and were you his caregiver?  are you asking for the caregiver $$  that is paid to you for being his caregiver?  or are you asking to get his A&A Compensation though pension..if you are  then my answer is NO You can not receive your late husband A&A.  i BELIEVE That ended when he passed away.

 ** Please Note*** I may not be understanding your question??  and my apology to you  if I am way off track here.

other  members please chime in here.

Edited October 23, 2020 by Buck52

[Berta]

I found this past post from you:

•  

Posted July 24, 2019

"If the veteran was rated at 100% T& P for 10 years prior to death then the spouse is entitled to DIC.  I they are 100 T & P for 10 years and die from a service connected disability they will bet a little more than just the base rate.  If the veteran is retired from the military and paid into SBP then things get a little complicated.  The least amount the spouse will get is the total of the DIC and $318 from the military for "special compensation" if the DIC is more than the SBP benefit.  if the SBP is more than the DIC then they will get the DIC plus what ever amount that is left after subtracting the DIC from the SBP.  Sucks but there it is.  We pay and then we get screwed.  I know this because my husband was retired with 100% disability in 1982.  He paid into SBP because he had a brain tumor while in the army.  He was 29 years old so we were never able to get life insurance on him.  So the SBP and DIC were suppose to be the insurance for me after he passed.  Well, I only get the DIC and $318 from the military because the SBP is less than the DIC.  So basically I get $1599 from DIC and $318 from the army.  Since my husband's sc disabilities were so severe he was receiving nearly $8000 a month from the VA.  You can see where this has left me.  Struggling to make ends meet.  But all military spouses have the same or similar issues.  There have been some protests and discussions about eliminating the DIC offset so that the surviving spouses can receive everything that they should be entitled to but with the way Congress is working right now, I don't see any meaningful legislation being passed.  They are too concerned with investigations instead of the business of running the country."

I focused on this:

"Since my husband's sc disabilities were so severe he was receiving nearly $8000 a month from the VA."

Have you accessed the historic rate charts and his C file, to see if, in fact the VA did show  you as his dependent?

and: "I was rated at 90% with 100% unemployability from July 2010.  My husband was on aid and attendance from 1982 until he passed away in 2018."

Do you mean you are receiving VA compensation as a disabled veteran yourself?

If so did you formally request a dependency award for him?

If so can we see any denial or any  letter you received on it from the VA?

Please cover your C file #, name, address prior to scanning it and attaching it here or in the new denial letter forum.

I am a Gold Star Wife and they have been fighting for years  fight aggressively ,to change the DIC/SBP program.

This is the latest:

https://www.goldstarwives.org/Legislative-News/8308927

 

 

 

[broncovet]

This has come up in the past, and, unfortunately, Im not sure it was ever resolved successfully.  But..and here is the deal with ALL VA benefits:

Quote

The VA is happy to give you benefits, "PROVIDED THAT" you meet all their rules AND, you must fight them tooth and nail for every penny.

In particular, as you pointed out, "Spousal A and A" is ONE of those benefits which VA, VSO's and Veterans understand VERY little about.  To get "spousal A and A", just like other benefits, you have to "apply for it".  ("Special Monthly Compensation" is an exception, you dont/shouldnt have to apply for SMC, it should be granted whenever you meet the critiera..). 

    VA is making their position clear here:  They fully intend "not only" to deny you spousal A and A, but they intend to do so "without a decision" so you can appeal it. 

MY advice is "its probably worth it" for you to contact an attorney to force the issue and get your "retro" A and A.  You probably have "at least" 10 years of potential retro..since you were rated 100 percent.  (You see, you dont have to apply for SMC, they are supposed to give it to you when you meet the critiera, but, I can not say "for sure" if "SPOUSAL A and A" is in the same class as the "Veterans A and A" because Vets A and A is Special monthly compensation, and the effective date is the date you meet the criteria, not the date you applied). 

I suggest you fight for your benefits!  Including retro!!

You posted:

Quote

I submitted a form that listed him as my dependant and that stated he was on AA and since his AA was from the VA they had the records to show that.

I hope you have a copy of that form!!!!  One of VA's "favorite things" is to conveniently lose evidence that favors the Veteran!!!! 

Get a copy of your cfile and see if that document is there, it could be worth tens of thousands of dollars to you!! 

If that document is there, an attorney would likely want to represent you, if you so choose.  You can represent yourself, but, remember, VA fights Veterans on claims like this like Mike Tyson in his prime!  But you can beat them, but, not without some help. 

Edited October 23, 2020 by broncovet

[Carl the Engineer]

I am 90% and get A&A ($143.00) for my spouse.  I made the claim.  As with everything VA, I believe you would need to claim it.  The numbers ($) guys/gals aren't going to did in your records to find things you could or should have claimed.  Excluding the SMC thing, which I have know knowledge whatsoever..

Now, what I am interested in and would be similar, do we have any married Veterans on here that both are collecting VA Comp?  Do you both get paid at the Veteran plus spouse level, etc.  Me thinks there may be some special rules for married disabled Veterans.

Just a guess,

Hamslice

 

[Carl the Engineer]

Sometimes I post before I search, Doh....

What if my spouse is also a Veteran with a combined disability rating of at least 30%? Can we both receive additional disability compensation for each other and for our children? Or can only one of us receive the additional benefit?

If you and your spouse are both Veterans with a combined disability rating of at least 30%, you can both receive additional disability compensation for each other and for your children.

You should know: It’ll take us longer to process your claim if your spouse is also a Veteran. But if you file your claim online, and we decide you’re eligible for additional disability compensation for your dependent(s), we’ll pay you back to the date you started the online claim process.

[Berta]

Hamslice is correct.

The answer from the VA web site is here:

https://www.va.gov/disability/add-remove-dependent/

It is about 7/8ths down the scroll bar.

I cant open the link- I deal with heavy clouds and fog this time of year which limits my PC access .

I suggest that you file a CUE claim due to this statement at above web site

"If you receive a combined disability rating of at least 30%, we’ll automatically consider your eligibility for additional compensation for your dependent. "

I will try to find that in M21-1MR as well.

I won an SMC CUE on the lack of SMC 'consideration':

husband was 100% P & T for PTSD with a rating well over 60% for a 1151 stroke and was also housebound.

The VA failed to consider the regulations for SMC, which should be 'automatic' when any VA decision warrants SMC.

I am assuming that VA never denied the dependency award to you-dont see how they could have, and suggest you read over my SMC CUE info in the CUE forum.