I got a new letter from VA, which states, in relevant part, "I could be eligible for disability benefits, under the new (pact law)".
I have no idea why they sent that letter, Im already 100 percent P and T, plus SMC S and there really "are NOT" any additional benefits availble to me, with an exception of Aid and Attendance, which Im not persuing at the present.
I had applied for A and A, in the past because, the criteria so states:
Quote
incapacity, physical or mental, which requires care or assistance on a regular basis to protect theclaimantfrom hazards or dangers incident to his or her daily environment.
My spouse, a nurse, has to remind me to take my pills. I have forgotten, in the past and wound up in the hosptial.
I dont do well without my meds, and I reguraly forget them without my spouses help.
Further, the regulation states:
Quote
c)Attendance by relative.The performance of the necessary aid and attendance service by a relative of the beneficiary or other member of his or her household will not prevent the granting of the additional allowance.
The VA does not interpret the regulation like I do, and denied A and A. The reason is VA (has or had) a service where they call Veterans daily to remind them of stuff like this. The calls were irritating robo calls, and mostly not useful. So, I let it go, and did not aggressively appeal. One reason:
You see, I know stuff. The effective date of SMC is "not necessarily" the date you applied, but rather the facts found (when the doc said you meet the applicable criteria). Of course, the doc does not make benefits decisions, BUT, if he documents that my symptoms (eventually result in additional SMC), then the VA will have to use his "facts found" as my effective date.
So, if I get A and A later, the date I applied wont matter. What matters is the date the doc said I meet the criterias symptoms.
Knowledge is power, and VA does their best to keep us uninformed.
Did anyone else get a similar letter?
Most likely: The letter is a form letter, and pretty much means nothing. But, I may have missed something?
Question
broncovet
I got a new letter from VA, which states, in relevant part, "I could be eligible for disability benefits, under the new (pact law)".
I have no idea why they sent that letter, Im already 100 percent P and T, plus SMC S and there really "are NOT" any additional benefits availble to me, with an exception of Aid and Attendance, which Im not persuing at the present.
I had applied for A and A, in the past because, the criteria so states:
My spouse, a nurse, has to remind me to take my pills. I have forgotten, in the past and wound up in the hosptial.
I dont do well without my meds, and I reguraly forget them without my spouses help.
Further, the regulation states:
Source: Criteria for Aid and Attendance:
https://www.law.cornell.edu/cfr/text/38/3.352
The VA does not interpret the regulation like I do, and denied A and A. The reason is VA (has or had) a service where they call Veterans daily to remind them of stuff like this. The calls were irritating robo calls, and mostly not useful. So, I let it go, and did not aggressively appeal. One reason:
You see, I know stuff. The effective date of SMC is "not necessarily" the date you applied, but rather the facts found (when the doc said you meet the applicable criteria). Of course, the doc does not make benefits decisions, BUT, if he documents that my symptoms (eventually result in additional SMC), then the VA will have to use his "facts found" as my effective date.
So, if I get A and A later, the date I applied wont matter. What matters is the date the doc said I meet the criterias symptoms.
Knowledge is power, and VA does their best to keep us uninformed.
Did anyone else get a similar letter?
Most likely: The letter is a form letter, and pretty much means nothing. But, I may have missed something?
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