A&A for veterans non veteran spouse!!!

[Buck52]

I wanted to know if 100%P&T Veterans (still living) and their totally disable non-veteran spouse that need help from another person for everyday living activities eligible for the A&A ?

Well I found out today and the other day visiting with a DAV/NVSO 

And hadit member Brokensolider 244th   the answer is NO.

Its for the surviving spouse of 100%  P&T  Veterans that served in a war zone. and age 65 or older.

For the last year we been beating our heads  on the wall  on this  and trying to figure out if my spouse was eligible or not. The eligibility would be for her to get it  if I was decease  (dead as a door knob) and she met the criteria.

The eligibility for her states she needs to be totally disabled & NEED HELP FROM ANOTHER PERSON FOR DAILY LIVING ACTIVITES  &  I was 100%P&T SERVED IN  A WAR ZONE...AND DEAD.  

IT SOLELY STATES FOR THE SURVING Spouse 

''A pension is a benefit that the VA pays to wartime veterans who have limited or no income and who are at least 65 years old or, if under 65, are permanently or completely disabled''. There are also "Death Pensions," 

Veterans, spouses of veterans or surviving spouses can be eligible for Aid and Attendance benefits if they meet the following disability requirements:

https://discover.pbcgov.org/communityservices/humanservices/Documents/What Are Aid and Attendance Benefits (002).pdf

So this knocks us out.

Edited April 19, 2021 by Buck52

[broncovet]

I think you can get spouse A and A while you are alive.  Read the SMC chart:

https://www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/

At the bottom, it says (under "added amounts") $160.89 per month for spouse A and A.  

But, expect just about everyone to not know what is going on when it comes to SMC.  VSO's, employees, hadit members, etc.  

CCK law is pretty much the experts on SMC.  If you have a dime, call em and ask them. Or just apply.   

 

[Buck52]

This only applies to the Veteran or the Veteran survivor ...if i was bedridden and could not feed myself and need help from another person    then yes I could file,  but this criteria meets my spouse condition   but she is not my survivor yet I ain't dead yet.....

although there's a hadit memeber on  here that wants me dead...but until I die  my spouse is just that my spouse   and this is for veterans 100% P&T and served in a war zone and over 65  I meet that , and  my spouse is over 65  but she is not on DIC and she is not my survivor  yet ....> so she don't meet the criteria.   she meets it medical wise but not what the VA is saying ..she has to be my survivor.

Brokensolider and I figured this out   and its basically for the Veterans survivor.   we were not reading that part about the Veterans spouse as his survivor 

[Buck52]

Aid and Attendance is a benefit paid by Veterans Affairs (VA) to veterans, veteran spouses or surviving spouses. It is paid in addition to a veteran's basic pension. The benefit may not be paid without eligibility to a VA basic pension, as it is an enhancement of the basic pension. Aid and Attendance is for applicants who need financial help for in–home care, to pay for an assisted living facility or a nursing home. It is a non–service connected disability benefit, meaning the disability does not have to be a result of service. You cannot receive non–service and service–connected compensation at the same time. Aid and Attendance benefits are paid to those applicants

[pacmanx1]

Buck did you consider 38 CFR 3.351 A(2). It does not refer to pension but compensation if the spouse need assistance. 

3.351 Special monthly dependency and indemnity compensation, death compensation, pension and spouse's compensation ratings.

(a) General. This section sets forth criteria for determining whether:

(1) Increased pension is payable to a veteran by reason of need for aid and attendance or by reason of being housebound.

(Authority: 38 U.S.C. 1521(d), (e))

(2) Increased compensation is payable to a veteran by reason of the veteran's spouse being in need of aid and attendance.

(Authority: 38 U.S.C. 1115(1)(E))

 

38 U.S. Code § 1115 - Additional compensation for dependents

(1)If and while rated totally disabled and—

 

(E)

notwithstanding the other provisions of this paragraph, the monthly payable amount on account of a spouse who is (i) a patient in a nursing home or (ii) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person, shall be $286 for a totally disabled veteran and proportionate amounts for partially disabled veterans in accordance with paragraph (2) of this section;

 

38 CFR § 3.351 - Special monthly dependency and indemnity compensation, death compensation, pension and spouse's compensation ratings. | CFR | US Law | LII / Legal Information Institute (cornell.edu)

 

38 U.S. Code § 1115 - Additional compensation for dependents | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu)

 

Edited April 20, 2021 by pacmanx1

[broncovet]

This is probably one of the many things VA keeps secret.  I say, "go for it" and find out.  It does not cost you a cent to apply.  Let em deny you, and if they do, you can appeal.  

[Buck52]

pacmanx1 

Buck did you consider 38 CFR 3.351 A(2). It does not refer to pension but compensation if the spouse need assistance

Again this is in Reference to Veteran spouse who get DIC.  My spouse don't get DIC...i AM NOT DEAD YET.

§ 3.351 Special monthly dependency and indemnity compensation, death compensation, pension and spouse's compensation ratings.

All of these regulations in 3.351 is for Veterans widows that are on DIC... Ms Berta I think she is on DIC and if she ever needs A&A she can get it.  her bubby is over was over 65 /she is over 65 he served in a war zone  and he was 100% P&T  So Ms Berta would be eligible  my spouse is not eligable yet  because I am still alive.

This is is confusing  but it does state its for the for surviving spouse.

I don't think the spouse of a 100% P&T Veteran who is over 65 and is still alive  the spouse is not eligible for the DIC Benefits.