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SMC without SC

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I’m trying to help my father in law. He’s 80 years old and was deployed to the Philippines during Vietnam.

He has never had anything to do with the VA. No VA healthcare, no disability claims.

He and his wife do NOT qualify for the pension due to her income and their combined net worth.

Still waiting on his medical records from his private physician.

His private physician HAS filled out a 21-2680 stating his need for aid and attendance.

Can he go ahead and submit the 21-2680 to the VA, or does he have to have a rated disability first?

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This will get you started and from the VA website:  https://www.va.gov/pension/aid-attendance-housebound/

Also he must enroll with VA health care

Also this from American  Veterans Care Connection website:

Financial Requirement for These Pension Benefits

Aid and Attendance and Housebound pension benefits both have income thresholds for Veterans who apply for this aid. However, the Aid and Attendance threshold is lower than the threshold for Housebound benefits. How are these thresholds determined? Congress sets the Maximum Annual Pension Rate, which is the pension rate you may receive based on your countable income, the amount of dependents you have, and other financial factors. The 2020 MAPR for a Veteran with no dependents who receives Housebound is $16,805. A Veteran with no dependents who receives Aid and Attendance has a 2020 MAPR of $22,939. However, the Housebound rate is lower because it’s based on a higher income rate than Aid and Attendance is. Both benefits have a three-year financial look-back period, which helps the VA determine if applicants show enough financial need to receive either benefit. Housebound is based on a higher maximum income level, which is why its pension is lower than that of Aid and Attendance.

Which Pension Benefit Does AVCC Work With?

AVCC works exclusively with the regular Aid and Attendance benefit, not the Housebound benefit. We work with this benefit because it’s more suited to providing the home care services Veterans need to maintain a good quality of life. However, if you need Housebound benefits to receive the senior care you need, we can point you in the right direction. While we don’t work directly with the Housebound benefit, we want our current and prospective clients to know about it and understand it. That way, they can apply for the Housebound benefit if it best suits their needs.

To receive VA Housebound pension benefits, you must have a single permanent disability that has been evaluated as 100% disabling and confines you to your home and may also render you bedridden. However, you can also qualify for these benefits if you have a 100% disabling permanent disability along with another permanent disability evaluated as at least 60% disabling.

Others will provide you with more info.  Good luck

My comment/opinion is not legal advice as I am not a lawyer, paralegal or VSO.



Edited by Dustoff1970
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Its one or the other:

1.  Get a disability rating and qualify for SC compensation.  OR

2. Meet the criteria for pension, which is needs based (and, you have to have served in what VA calls "wartime").  The income level may well be higher than you think.  Its based on the number of dependents.  

     But to get Aid and Attendance, you have to qualify via 1 or 2, above.  

     Many Vets "shun" the VA, and/or its benefits, and I was one of them!!!  For years!   But then times got rough, and I realized that I deserved it, and so should he.  However, we can not tell (a Veteran) what to do..they have to apply for themselves.  

     We often simply have a choice:  

A.   Live in poverty, and try to get by.  Or

B.  Put up with VA's BS, apply, and get the benefits you earned and deserve.  

      You dont go to your boss and say, "Nah, I dont want any health insurance, no retirement, nothing..and, oh, by the way, boss, you are paying me too much.  How about if you reduce my pay by 50 percent?"  

      But, somehow, we think we somehow do not deserve the VA benefits we earned through our military service and risking our life.  But, the employee benefits?  Oh we deserve those.  

      VA employees often also subscribe to the "VA is free money" and all vets are there for a handout.  No.  We earned those benefits, just like you earned your health insurance, retirement, disability benefits while working at your job.  

       I earned $115 per month when I first went in.   I easily could have made 4 or 5 times that much, maybe more, by working a regular 9 to 5 job, but did it to serve my country "and" because I was promised VA would "take care of us" and provide us with benefits, which is part of our compensation for our service.  

       President Lincoln made a promise to Veterans..to care for the Veteran and his widow.  I kept my promise, and served honorably, now its time for VA to keep their promise.  

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