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Aid & Attendance

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Joseph W Henson

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I have COPD, Polyneuropathy, Ischemic Heart Disease, right upper lung cancer, PTSD, Alcohol Dependency.  So I have to use a walker most days and I get out of breath too easily.  My legs shake when I try to stand and walk and my balance is very poor.  I have to hang onto the wall or my walker when I try to move.  I need help with bathing (because I shake so much in the shower and in getting out.  I need my partner to help me out and dry me off because I get so shaky and weak and out of breath.  I cannot cook my meals, lots of times I need help dressing.    I applied and was denied A&A several years ago, but my condition has gotten worse.  Do any of you have advice for me?  I would sure appreciate it, because I want to reapply for A&A.  Thank you.

Joseph W. Henson, Email Address Redacted

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I would say to call your doctor and have them advocate for you and apply again.  Do a hardship application and get it moving.  I would ask my Partner to help with this as I think they can move much faster.  

These issues do not get better, so call your VSO, RSO, and anyone else you can think of for help.  The sqeaky wheel will get greased!  

 

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Posted (edited)

I think denials are because you do have the partner who is trying too hard to take care of your needs.  She needs to tell the doctor she cannot handle it any longer.  You do not say what you are service connected for.  That may be in play also.  VA is trying to push everything off on families that they can.  You are reporting the need for A&A and the higher level at that.  Not just a housekeeping program.

I have CNAs come in three times a week even before my wife died because of her condition she could not do me. They help me with my bath and do light housekeeping. A nurse comes in once a week to fill a medication dispenser to insure I take my medications.  It dispenses them at the time to be taken with an alarm that will not give up until you take it or it will skip to the next time for a med and leave the untaken one in the dispenser so the nurse can note you did not take it.  This is what you and your partner need to ask for together.

Are your conditions PACACT service connected?  Have you put in an application requesting your abstract of service be checked to see if any are?  Call you State VA representative.  They will help because they do not want you on the MEDICAID side with part of the cost being born by the State.

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ReApply.   

Dont wait. 

It does not matter on aid and attendance if its performed by a family member.  You still should be compensated for it.  

Source: 38 CFR 3.352 (c).  Scroll down to the bottom of this regulation to find it.  

https://www.law.cornell.edu/cfr/text/38/3.352

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11 hours ago, broncovet said:

ReApply.   

Dont wait. 

It does not matter on aid and attendance if its performed by a family member.  You still should be compensated for it.  

Source: 38 CFR 3.352 (c).  Scroll down to the bottom of this regulation to find it.  

https://www.law.cornell.edu/cfr/text/38/3.352

I had to call the White House hot line to complain to get my service started.  I think we are back to the 2012 crisis of cutting services to collect bonuses.  So, you have to squeak very loudly.

White House VA Hotline surpasses 250,000 calls from Veteran …

WEBThe hotline, 855-948-2311, serves Veterans, their families, caregivers and survivors by giving them a direct, nonemergency, contact line available 24 hours a day, 365 days a year with agents — the majority of whom are Veterans or from a Veteran family — who are …

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You should've appealed the original denial.  Never accept a VA denial!!!  That being said, I would pursue an appeal or possibly a CUE on the original denial, now.  I would also file a reopened claim as it has worsened.  Some may say it's too late on the appeal or CUE but if it were me, I would, as I feel you left money on the table when you didn't appeal, the original denial.  jmo

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My SMC-t is at the BVA with CCK representing me.  PCAFC can also be appealed to the BVA now.  But I am getting community care higher level of care now.

Community care higher level of care qualifies for SMC.  Depends on you ADA as I understand.  TBI victims get SMC-t if they have higher level of care and would otherwise have to go to a nursing home or assisted living with nursing care..

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