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

[pacmanx1]

Quote

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

Buck, what I don't understand is Increased in compensation is payable to a veteran, How can the VA increase the veteran's compensation if the veteran is dead? It goes on to say by reason of the veteran's spouse being in need of aid and attendance. 

Edited April 21, 2021 by pacmanx1

[Berta]

Pacman gave you the correct regulations.

This spouse was granted A & A by the BVA:

https://www.va.gov/vetapp18/files9/18900013.txt

Here is another BVA award:

https://www.va.gov/vetapp20/files8/20056352.txt

In this case the claim went to the CAVC on appeal and tthe BVA reversed their prior denial.

When I read stuff like this, knowing how elderly and disabled the claimants are, it just verifies the fact= to me  that the VA cannot read.

In this case the surviving spouse of a SC veteran had been awarded DIC and Aid and attendance.

However her claim for a better EED on those issues was denied because the claim date was used as the EED for the prior awards.

https://www.va.gov/vetapp19/files8/a19000776.txt

This is why surviving spouses must file within one year after a veteran's death, and support ASAP the claim with evidence, for DIC and for Aid and Attendance.

The only exception is if the claim falls under Nehmer.

[Buck52]

Ms BERTSA I AM SORRY BUT YOUR NOT UNDERSTANDING THIS EITHER/i SURE DON'T  AND i NEVER HEARS OF THE BEAAM program??  I never received  the Purple Heart  like some Veterans have  if that makes a difference?

MY BROTHER IN LAW DID BUT HE DIED OF IS WOUNDS UP AT QUANG TRI PROVENCE  Vietnam.

http://www.virtualwall.org/df/FoleyWL01a.htm

...THIS BVA Decision that awarded this veteran spouse A&A was his survivor,

This A&A is for the Veteran himself  if he meets the Criteria  it is also for the Veteran surviving spouse   meaning she is a widow.

so how can pacman1 information be correct?   BECAUSE  I am not dead yet.

Surviving spouse to me means  the widow of a deceased veteran  husband.

If I was bed ridden and needed the A&A  like some of the other Veterans here  like James Cripps  I tihnk he got A&A for his disabilities and appointed his spouse for his caregiver  and that's great to help them financially.

But

I am asking to get A&A for my disabled spouse that can't walk needs help getting up and going to bed/.bath  and she needs help feeding her self. 

 I can barley get her to her Dr 's Appoinments......so this is why were asking the VA for Help  and through the A&A...>   BUT ME AND BROKENSOLIDER FOUND OUT  ''A&A'' IS FOR THE VETERAN  SURVIVOR ONLY .

THIS IS HARD TO UNDERSTAND  BUT I AM NOT GOING TO FILE   >IF THE A&A IS STRICTLY FOR THE VETERAN SURVIVOR.  SIMPLY BECAUSE I  AM NOT DEAD YET  AND HOPE TO BE AROUND FOR SOME TIME.

Edited April 22, 2021 by Buck52

[pacmanx1]

42 minutes ago, Buck52 said:

I am asking to get A&A for my disabled spouse that can't walk needs help getting up and going to bed/.bath  and she needs help feeding her self. 

Buck please read Ms. Berta's first download.

 

This veteran was alive and filed the claim for A &A.

Citation Nr: 18900013

Decision Date: 09/18/18       Archive Date: 09/18/18

DOCKET NO. 180515-25

DATE:            September 18, 2018

The criteria for spousal aid and attendance allowance are met.  38 U.S.C. §§ 1115; 38 C.F.R. §§ 3.351, 3.352.

Aid and attendance allowance for the Veteran’s spouse is granted.

The Veteran is seeking additional compensation for spousal aid and attendance.  He maintains that his spouse, P.L., is unable to care for herself as she is a paraplegic Veteran (nonservice-connected) with a neurogenic bladder and neurogenic bowel, requiring another’s assistance for personal waste removal.  For the following reasons, the Board finds that spousal aid and attendance is warranted.

*****Under 38 C.F.R. § 3.351(a)(2), increased compensation is payable to a Veteran by reason of the Veteran’s spouse being in need of aid and attendance.  The need for aid and attendance is defined as helplessness or being so nearly helpless as to require the regular aid and attendance of another person.  38 C.F.R. § 3.351(b).  In relevant part, a Veteran or a Veteran’s spouse will be considered in need of regular aid and attendance if he or she can establish a factual need for aid and attendance under the various criteria set forth in § 3.352(a).*****  The applicable criteria here is the “inability to attend to the wants of nature or incapacity, physical or mental, which requires care or assistance on a regular basis to protect the claimant from hazards or dangers incident to his or her daily environment.”  38 C.F.R. § 3.352(a).  It is not required that all the disabling conditions enumerated in § 3.352(a) be found to exist before a favorable rating may be made.

 

https://www.va.gov/vetapp18/files9/18900013.txt

Edited April 22, 2021 by pacmanx1

[pacmanx1]

Just so you won't miss it *****  38 C.F.R. § 3.351(b).  In relevant part, a Veteran or a Veteran’s spouse will be considered in need of regular aid and attendance if he or she can establish a factual need for aid and attendance under the various criteria set forth in § 3.352(a).***** 

 

Edited April 22, 2021 by pacmanx1

[Buck52]

THANK YOU PACMANX1

Yes I read it  I will file for this   even though I didn't receive the PH. or join the BEAAM Program?  never heard of it? I notice they put that in there decision  if it matters?

But we have Dr's letters describing her disabilities  to many to mention but were going to submit her disability records that shows her disability and the description  and one of her Dr mention she never needs to be left alone and needs the help of another person  she has chronic Osteoporosis  and spinal stenosis scoliosis  all very very bad<....and other conditions that render her total disabled   she has broke both legs  both arms  Hips,  and a Hand  at one time or another   she has had most all the Back surgeries there is and also Tripple heart by ass surgery in 2005. 

my spouse is literally falling apart right before my eyes  she is crooked and one leg sticks out to  leftthe side and her hip is stuck out to the right side  she can't get comfortable and needs high powered pain medications around the clock she takes the steroid pain injection monthly  the kind she has to be put to sleep to take. I have a Hard time getting her in the car to take her to her pain Dr.

Now she is having to have surgery on her upper neck MM's close to her spinal cord  and could paralyze her forever.  the bones in her neck have all but dissolved  (the best way to put it) and the surgeon in going in to put these mental 4 plates and screws into what bone she has  and we hope and pray they work?

..we don't know yet how this will turn out   my VA Therapist has mention we need to file a claim for her  to help us financially and get professional care for her she don't want to go into a nursing home  she is 67 years old  and not ready to throw the old towel in just yet. 

We were thinking this A&A program is for the veterans surviving spouse only...  maybe were on to something here   Thanks for all this information above  we both appreciate it.

Edited April 22, 2021 by Buck52