Dazed and Confused Caregiver Denied

[Cavscout1977]

I've been 100% TDIU  for the past 13 years I am SMC with most the alphabets.  But primarily loss use of both feet and hands. When the Caregivers program opened for my wife we applied of course we were denied. The reason was my records do not indicate a need for a caregiver. Plus I guess the interview my wife and I did they did not feel I needed enough help. I can't drive. I can't wash my legs or feet. I can't put on my socks. So I'm going to see my PCP but not sure what needs to be done and not sure if it needs to be for a period of time. Any suggestions? comments. 

[Cavscout1977]

On 1/18/2023 at 8:09 PM, jamescripps2 said:

You know bronco, neither one of us claim to fully understand all of it, and evidentally, neither does the VA. If the OP can read all that has been posted in this thread maybe he can figure out a direction. His question was"what can be done"?

Bronco, James I have read all the posts and read the links provided downloaded the Beaudette vs McDonough case read though it. Read though Title 38. I'd say 3 times. Remember what the title of the original post was Dazed and Confused well add a headache to that as well. I will certainly file the appeal but I must chose my words carefully. I'm going to seek the assistance of PVA and DVA see if they have any valuable input. I have talked to some folks about lawyers seems in my area that is kind of a bust. Might do a internet search. Either way if time on the appeal puts me behind the 8 ball. I figure I'll just put in for it again and this time Like Yogi says I'll be smarter than the average bear. By the way FYI one question I thought was odd for them to ask was. Are there any guns in the house? I asked how that has anything to do with the caregivers program. Its for my safety of course. Yet they never asked if we had a dishwasher or a clothes dryer

[jamescripps2]

You don't need a lawyer. The same qualifications that got you the R-1 rating show the need for a caregiver. It is a simple process to appeal to the BVA. Just file the va form 10182 and ask the BVA to revue your case. Don't forget to ask to be advanced on the docket for the reason that you are a R-1 rated vet. You will find that you are more knowledgable about the CPAFC program than a VSO, as they have never been trained on the caregiver's program.

Just fill out the 10182 on your own and fax it to the address on the form. A vso can fax it for you or your bank will fax it for you. Ask for a fax comformation receipt. You can handle this!

[Cavscout1977]

Since this is a new topic for some of us a lot of research is required! James and Bronco provided me with a wealth of research places. I have read and read and read. I want to insure I have my ducks  in a row when I prepare my documents. Quoting regulations when referencing a denial is always a plus. What I found amazing in my denial was it all stemmed from my records 2017-2022 there is nothing reference a need for a caregiver. And they are right there is nothing as I have not had a C&P nor have I talked with my PCP about it why would I I have had Aid and Attendance for the last 13 years. 

Just remember its tricky the VA wants you to be independent and will provide you everything they can to help you achieve that goal. The Caregiver program is just the opposite. you must rely on someone else on every aspect of your life.