Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Anybody filed for the new caregiver expansion for pre 911 vets to include vietnam era vets?

Rate this question


jamescripps2

Question

If you have filed for the new caregiver expansion under the Mission act, what is your progress? Availability to the older generation of vets became available October 1, 2020

I filed on or about October 1st. So far my caregiver wife, and I, have had one telephone interview by a VA caregiver agent and a video conference with a VA RN. Both interviews were to determine to what extent do we qualify for the benefit. I think that the interviews went very well. We were told that a decision would be forthcoming in six to eight weeks.

There are multiple benefits to the caregiver in the program including but not limited to compensation, medical insurance through CHAMPVA, education benefits and even travel pay.

Link to comment
Share on other sites

Recommended Posts

  • 0
  • Founder

bump

Tbird
 

Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997

 

HadIt.com Veteran To Veteran | Community Forum | RallyPointFaceBook | LinkedInAbout Me

 

Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years

 

diary-a-mad-sailor-signature-banner.png

I am writing my memoirs and would love it if you could help a shipmate out and look at it.

I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life.

The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans.

Link to comment
Share on other sites

  • 0

My wife and I applied for the new pre 911 caregiver's benefits under the Mission Act on October 7th 2021. After going through the application process, three interviews, and the required training, we were successful.  My wife was assigned as my official caregiver and received her ID card and packet. 

The process took about five months. Her back pay will go back to the date of application. The problem is that she was awarded the lower pay level, level one. We immediately appealed the decision, asking for level 2 benefits.  I am a R-2 rated veteran. There are no veterans, either post 911 or pre 911 that have a higher rating than I do.  My wife assist me with seven ADL's and I could not sustain in the community without her help.  My question in the appeal is, if she does not qualify as a level 2 caregiver, then who does?

A veteran must appeal that kind of decision through the VA hospital patient advocate. The appeal is passed up to the proper VISN and they are bound by statute to make a decision within 45 days from the date of the appeal. I am confident that we will prevail.

A level one caregiver only receives 62% compensation.  A level 2 caregiver receives 100% compensation.  I feel that my caregiver fully qualifies as a level 2 caregiver and I am willing to stand up for her and fight for it.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Jamescripps2 Thanks for posting this. We have very little info on this process that is posted, so this is very informative.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

James you were the first veteran to get a A.O. CLAIM from being the first veteran to win a A.O. Claim in the  United  States

And hopefully you will be the first veteran to win this caregiver 2 position for your spouse. Were pulling for you my friend.

Also I think this program has it for 100%p&t war time veterans   veterans who served in conflicts such as Vietnam  due to Vietnam was not ever declared a war  but this new program is for Veterans that served in a hostile enemy territory  so Vietnam Veterans would be eligible.

I need help with my spouse although she is not a Veteran  her health has went down so bad she needs the help of another person and I understand this program is also open to give her the help she needs for compensation to pay a care giver  to come in.....I do all I can but there's things I can't do. and this is what this type of program is for also...so she got Her  Dr letter and another Dr letter describing her disability's. And the need for another person.

I am not sure about the mission act? I always thought that was for a Veteran to receive outside help out side the VAMC?

Right now were going to try to file online  we just need to get everything together.

I think member Hamslice has it for his spouse?

Anyway Good Luck James  if anyone can do this We know you can git her done.

stay positive my friend.

 

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0
  • Moderator

Of course, I dont know anything about your conditions, James, but VA has a history of delays, denies, and lowballs, in that order.  I have had all three, pretty much with every claim.  So, you will either have to appeal or "settle" for less than what you deserve.  

Many times, you may need medical documentation, and, if given your care mostly at home, that will be a little more difficult.  

Someone pointed out Nursing home care is very expensive for VA, so the idea is to keep you at home and save the VA money.  

If your doc said something to the effect that your caregiver "replaces" being sent to a nursing home facility, that may help you win this.  Maybe.  

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder
On 12/26/2020 at 12:59 AM, jamescripps2 said:

If you have filed for the new caregiver expansion under the Mission act, what is your progress? Availability to the older generation of vets became available October 1, 2020

I filed on or about October 1st. So far my caregiver wife, and I, have had one telephone interview by a VA caregiver agent and a video conference with a VA RN. Both interviews were to determine to what extent do we qualify for the benefit. I think that the interviews went very well. We were told that a decision would be forthcoming in six to eight weeks.

There are multiple benefits to the caregiver in the program including but not limited to compensation, medical insurance through CHAMPVA, education benefits and even travel pay.

No She/me have not filed yet 

 James I am not sure if its the same program your in or not? This is A&A Filed  On the  21-2680, its a caregiver program  but this program is for disable 100% Veterans that need help caregiving for there spouse   even tho their spouses were not Veterans.

As I Understand it All veterans 100% service connected that served in a war  or was sent to hostile enemy territory are eligible that need help for their disabled non-Veteran Spouse.

I am not all that familiar with it  but I think the spouse needs to file the Application I sign it and she sends in her medical evidence   MRI  Images and the Dr's letter detailing her disability's and the reason she needs assistance from another person.

Not sure how this program works?   All I know I was told my spouse needs to file the A&A 21-2680

With my dang bad luck  it may not pan out for us  but as I understand if she is approved  they will increase my comp check from SMC S to? is anybody's guess?

Depending on the level of care  which is what gets down to the nity/ giddy,  she needs help with everything   other than she can feed her self but its painful for her to raise her arms , she don't eat but a couple of bites , she is on a down hill sparrow with her health  she goes for  major Neck surgery May 18th  to remove Two or 3 Vertebrae  out of her neck  VERY close to her spinal cord & replace it with plates and screws  its about 7/8 hour surgery  and could be paralyze the rest of he life...we may file before the surgery   we just don't know     but the Dr said if the surgery is successful she will still be IN capitated but hopefully have less pain.   

 so were praying the surgery works  if it does  then she will need lower &upper back surgery  as soon a she heals from this surgery.  when it Rains It Pours  Around my house.

She has the ChampVA  and uses the Dr's and medication meds by mail.

   But as I Understand it this program as yet to prove its self  I don't know of any Veterans that have this A&A caregiving  Progam  for their spouse....> other than member Hamslice  has it for his spouse  but he said it don't pay all that much  but every little bit helps.

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Tim Walsh earned a badge
      First Post
    • Tim Walsh earned a badge
      Conversation Starter
    • BirddogM578 earned a badge
      Week One Done
    • BirddogM578 earned a badge
      One Month Later
    • Bubbleboy929 earned a badge
      Week One Done
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use