Aid & Attendance for spouse

[x020574]

I am 100% SC, 72 yrs old and my wife of 30 yrs is 62 yrs young. She has become plagued with Lipedema, Lymphedema, five yrs out from cancer surgery etc... needless to say she has become dependent on me for most ADAs,  to the point where she needs help bathing, walking more than 30 -40 feet ( whenever she falls she is unable to get back up, due to weakness in legs & arms. She is terrified she'll fall and nobody will be around). Would she be eligible for A & A and/or Homebound while I'm alive or does she have to be collecting DIC (meaning I'm dead). Unfortunately, she does not have enough work credits to get SSDI. My 10 yr service connected anniversary comes up in Aug/2023 - not sure if that helps????.

[jamescripps2]

You will need her doctor to fill out a 21-2680 attesting to the need of help with the ADLs. You can write down what you are required to do for her every day on a 21-4138. I would also send a llist of her medications. Submit that to a VSO to file for her A&A.

Also,if she does not qualify for SSDI she might can get SSI, which is income based.

[broncovet]

Buck got A and A for spouse.  Havent heard from him for a while.  

Im not sure about SSI, the husband's income may well take her out of SSI.  For VA its "household" income, not necessarlly personal income.  As an example the spouse could not get VA pension, if the other spouse was earning 50,000 per year.  

VA income, while not taxable is sort of a grey area, as it counts with some things, not with others.  VA disability is not considered "earned income" so that wont work to get you something like earned income credit, for example, if you care for a child or grandchild.  You would need another source of "earned income".  Also, investment income is not the same as earned income.  Dont take my word for it, however, check the IRS and Social Security rules for your own situation.  

If I recall, Buck's "spouse A and A" wasnt a lot.  https://benefits.va.gov/BENEFITS/factsheets/limitedincome/EnhancedorSpecialPension.pdf

...maybe a couple hundred per month.  

James, what is a "tri five" Chevrolet?  

[x020574]

1 hour ago, broncovet said:

Buck got A and A for spouse.  Havent heard from him for a while.  

Im not sure about SSI, the husband's income may well take her out of SSI.  For VA its "household" income, not necessarlly personal income.  As an example the spouse could not get VA pension, if the other spouse was earning 50,000 per year.  

VA income, while not taxable is sort of a grey area, as it counts with some things, not with others.  VA disability is not considered "earned income" so that wont work to get you something like earned income credit, for example, if you care for a child or grandchild.  You would need another source of "earned income".  Also, investment income is not the same as earned income.  Dont take my word for it, however, check the IRS and Social Security rules for your own situation.  

If I recall, Buck's "spouse A and A" wasnt a lot.  https://benefits.va.gov/BENEFITS/factsheets/limitedincome/EnhancedorSpecialPension.pdf

...maybe a couple hundred per month.  

James, what is a "tri five" Chevrolet?  

Thanks, what has me confused is the documentation infers the veteran is receiving a pension. Only served 4 yrs, I don't get a pension, but I do get VA SC compensation. I submitted an ASK VA form for clarification, haven't heard a response back yet. Learn new thing everyday: "The nickname Tri Five is used to represent a specific set of classic Chevrolet vehicles, namely the iconic 1955, '56, and '57 Chevrolet cars".

[x020574]

9 hours ago, jamescripps2 said:

You will need her doctor to fill out a 21-2680 attesting to the need of help with the ADLs. You can write down what you are required to do for her every day on a 21-4138. I would also send a llist of her medications. Submit that to a VSO to file for her A&A.

Also,if she does not qualify for SSDI she might can get SSI, which is income based.

Thanks, I'll give it a try and report back.

[broncovet]

I agree the line between compensation and pension, including aid and attendance, and spouse aid and attendance  is definitely fuzzy.    Its one of the many problems with VA regulations and policies that needs to be addressed.  The worst part is that, because of Chevron Deference, the VA gets to interpret its own regulations like they please, even to the point of interpreting their regulations conflicting with each other.  

My example:

   38 CFR 3.103 clearly shows Veterans have a right to written decision.  

https://www.law.cornell.edu/cfr/text/38/3.103#:~:text=Every claimant has the right,and the right of representation.

However, in Ingram, the CAVC allows "deemed denials", that is, if the VARO does not address an issue it is denied without a written decision. https://www.uscourts.cavc.gov/documents/Ingram_03-21961.pdf

[jamescripps2]

15 hours ago, x020574 said:

Thanks, what has me confused is the documentation infers the veteran is receiving a pension. Only served 4 yrs, I don't get a pension, but I do get VA SC compensation. I submitted an ASK VA form for clarification, haven't heard a response back yet. Learn new thing everyday: "The nickname Tri Five is used to represent a specific set of classic Chevrolet vehicles, namely the iconic 1955, '56, and '57 Chevrolet cars".

Here are three of my tri fives. from left to right, 1957 chevrolet Nomad, a 1957 Chevrolet BelAir two door hard top, and a 1955 Chevrolet BelAir two door post. The truck is a 1948 Ford F-1 pickup.