a question that has been asked many time before

[butchiephoo]

                           

I've been shot down 3 times trying to get Aid & Attendance. The last time under favorable findings the VA said I needed A&A for my nonservice-connected problems. Shrink said she was going to beef up my mental findings next time I file.

My problem is this, I filed for my Claim File at the beginning of October I can feel my life slipping slowly away, little by little I'm losing my ability and desire to do anything I'm afraid I might pass away before I get the Claim File.

Next time I file I want to be loaded for bear, that's why I requested a copy of my claims. I've also decided to use Ponton & Hill to help.

Finally, my question is to those of you who applied for your file of claims how long did it take for you to get your copy?

ow long the VA takes with handing out a claim file?

[john999]

I think you need a real expert to help with your A&A claim.  The VA does not even understand their own system.  They do tend to award lowest level of A&A and then let you fight for more.  A&A is a distinct world of the VA where the language is so ambiguous the VA can deny these claims or spin them out forever.

[Dustoff1970]

At the very least you will need a doctor's note or diagnosis saying you are in need of A&A and basically housebound due to your service or non service connected medical condition.  They should explain in detail your medical condition and why they believe you need A&A. Are you applying for non service or service connected A&A???  Not enough info.  Others will come along soon with more assistance.

If you can find an experienced and accredited DAV, VFW, Legion VSO at a VA regional office to help you then this may help.  Their services are free and you do not have to be a member of any of the organizations.  They can do everything by phone, fax and email, etc.

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

Edited January 11 by Dustoff1970

[broncovet]

Since you have apparently hired Hill and Ponton, "they" have access to your vbms file in real time, 

so you need not wait at all.  

There are 2 categories of aid and attendance:

1.  Non Service connected, that is attached to Pension.  

2.  Service connected, attached to one or more service connected disabilities in the form of SMC L.  

In all likelihood, Hill and Pontoon is working to get your disabilities service connected, which would result 

in much higher amounts for you.  

I have no idea where Hill and Ponton is at on this process.  Law firms dont enter until you have had at least one

denial.  

      Are you cur withrently receiving Non Service connected pension?  

      Remember this:  At least a portion of VA denials, perhaps to include your earlier denials of aid and attendance

are, for lack of a better word, "bogus".  

      Allow me to explain.  Service connected disabiliites require 3 things, called the Caluza elements.  While I had 

all 3 Caluza elements, the VA denied me anyway, and concocted a denial which was "not" in the criteria, aka

"a bogus denial".  The decision stated it was "too long" since military service.  "length of time" since military service is not in the criteria, but they concocted that denial anyway.  Bogus.  This bogus denial resulted in delays

which eventually cost me my home as I could not keep it with zero income..  

      My advice is to read your decision(s) carefully, which denied your A and A, and compare that the criteria.  Dont "assume" that your rating specialist knows and accurately applies the regulations.   

      Discuss your situtation with HP.  Ask them if you are in appeals on other issues, if it will mess that up, given you want to concurrently appeal your earlier denail of A and a.  Then follow their advice.  

      There is some chance Hill and Ponton is trying to win you 100 percent back pay to say, 1994, and are working on that.  And, it may not hurt a thing if you get 

pension A and A in the interim.  But, ask them.  Explain you need the money now, not in 16 years after 2 bva appeals, 1 cavc remand, and 1 varo implementation decisions.