HLR

[Mark777]

Hello,

It is nice to be here. I think I posted in the wrong area. Please forgive me. I’m having difficulty learning how to post something. I was approved for SMC L1 and put in a request for a half step due to a stand alone condition. This turned  into a Higher Level Review. The VA stated that the rater used things that were not service related. I have 3 different cancers, diabetes and a stroke that are not rated at this time. I am a 100% permanent and total vet with many spine and neck issues that effect me an am also rated 100% for stand alone PTSD. Due to my many nerve a disc problems, I am bedridden with loss of use of my legs. My wife is physician that has to quit working to take care of me. She is my caregiver and also my doctor at home for she administers my medicine, take care of and treats bed sores, physical therapy, acupuncture, blood pressure checks, etc. on top of that she does the feeding, grooming, showering, and keeps me from harming myself because of my PTSD. The VA has found me incompetent as well. I just had a Aid & Attendance exam because they failed to ever do one. Everything seemed fine and I told the doctor that I am bedridden and only get out of bed into a wheelchair with the aid of my wife, to take a shower, attend any necessary medical appointments by the VA and very seldom, my wife will take me outside for a few minutes. Unbeknownst to me, the doctor fill out the form I later found out that he has]d me wheelchair bound and bedridden for 8 hours at night and 5 hours during the day. My question is, did the doctor mess the claim up for being bedridden and messing up the chances for R1? I didn’t know there was such thing until it hear that 2 L’s equal O and if one is for Aid & Attendance then it’s R1. I hope this is understandable to you all and I thank you for your time.

[GBArmy]

Agree with Kanewnut Contact asknod.org. He would be the guy I would want to talk to about these special SMC's and if you wanted to appeal, he would be a great resource IMHO.

[kanewnut]

I don't know anything about what you are asking about. Asknod.org has a lot of information about this. 

[broncovet]

You posted:

Quote

 I was approved for SMC L1 and put in a request for a half step due to a stand alone condition. This turned  into a Higher Level Review. The VA stated that the rater used things that were not service related.

A "higher level review" means an appeal and that you were denied.  What were you denied for?

It does not "turn into a higher level review", you have to appeal if you dispute a decision and you can opt for a Higher level review (HLR).  I somewhat agree with Kanewnut that we need more information to help you better.  

1.  Do you have "loss of use" of body parts (feet (wheelchair?), arms, eyes, etc?  If so which body parts and are those related to service?  You may have to get additional SC's in order to increase your SMC.  Example:  If you are not SC for a leg/foot condition, then you would need for that to happen before you could get loss of use of your legs.  

2.  You said your wife is a physician.  (You may not know that you can receive care by a relative and still be compensated for it, such as A and A).  

Reason I ask:  There are different levels of A and A, depending mostly upon the type of care.  In other words, if you can be given care by just a neighbor (without any medical training), then that is level 1.  But, if you have IV's and a nurse is required, this is a higher level of care.  You did not indicate if you have to have shots every day for diabetes, for example, nor did you specify whether you needed a nurse or doctors daily care.  

     Surely your physician spouse can accurately describe some of the above stuff, and VA can not deny you based solely on your doctor is an "interested party".  

     You probably need to apply for additional disabilities if any of those are either related to service OR they are secondary to a currently SC condition.  As an example, if you are SC for diabetes, and you also have high blood pressure, these could well be related, and rated as secondaries.

     Given that you posted you are not competent to manage your finances, your fiduciary (which could be your spouse) can guide you, especially if your representative posts here on hadit also.  

     

[Mark777]

Thank you for the responses you all.

My Higher Level Review was for Aid and Attendance supposedly given out prematurely. They also that the rater used things that were not service connected even though none of them were listed on my rating sheet under Aid and Attendance. I am rated 100% for PTSD and I have a lot of service rated back and nerve conditions leading to loss of use of my legs. I am Bedridden for even being in a wheelchair is extremely painful due to my rated back issues. My wife changes my bandages when treating my bedsores and give me daily injections of insulin with monitoring of sugar levels and  blood pressure checks for rated hypertension, enimas when needed for my rated IBS. I just know if by the doctor putting me down for 13 hours a day would circumvent me being VA rated for being bedridden. I hope that clarifies things a little more. Thank You again