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    • I have sorta been down that route.  I applied for A and A, based "not" on that I need help tying my shoes or taking a bath, "but", my wife reminds me to take my pills, "or" I can sink into a depression (from not taking the meds), and, in that state, I can cause harm to myself.  

      My claim was denied.  Its documented I forget to take my pills "without" my wife reminding me. 

      The VA has or did have a program where they would call the Veteran every day to remind them of the pills.  It was a robo call.  I hate robo calls.  But I had to admit that I did not need assistance "other than" being reminded to take my pills.  

      I should have, but did not appeal on this basis.  Remember, the VA, because of Chevron deference, gets to interpret its own regulations, "unless they are arbritrary and capricious".  

      Its a very tough standard to meet, showing the VA was interpreting its regulation "arbritrary and capricious manner" probably a higher legal standard than that of CUE.  

      With arbritrary and capricious, you are basically challenging the VA, saying they hate Veterans, and have a mean intent to damage you, and they did so for no good reason (arbritrary), such as denial because you like Star Wars films.  

      I do think maybe Mr. Carpenter should take this one on, and argue for the Veteran that he meets the standard you quoted in bold, above, and the VA is taking advantage of a Veteran with a mental disability, which should not happen.  Its like the VA is taking advantage of you because of your disability.  

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      The Honoring American Veterans in Extreme Need Act of 2018 (“HAVEN Act”) provides disabled military veterans and their families with greater protections in bankruptcy proceedings by allowing the exclusion of Department of Veteran’s Affairs (VA) and Department of Defense Disability payments from the calculation when doing means testing and disposable income calculations.  The Haven Act places military disability benefits in the same protected category as Social Security Disability Benefits. 

      Note:  Benefits to current service members may still be included.  For example, monthly special compensation from the Department of Defense (DOD), and retirement pay for people on the temporary disability list.

      • Chapter 7 Applicability Veterans or their family members should exclude income covered by the Act from the calculation of CMI under Chapter 7.  
      • Chapter 13 Applicability Veterans or their family members should exclude income covered by the Act from the calculation of CMI, which may affect the determination of projected disposable income available under a Chapter 13 Plan.




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    • As most of us know, Veteran's spouse and dependents are often not eligible for care at the VAMC.  (It seems like this is done on a case by case basis, if your VAMC has few patients, the spouse may be able to be treated there). Instead, spouses of 100 percent Vets can apply for Champva.  Your Service connection letter may well state that your dependents are eligible for Ch. 35 and/or Champva.  

      My spouse has Champva.  As far as I have known, there is no better insurance than Champva.  Rarely would you ever need additional coverage, except, of course, medicare Parts A and B, if eligible for medicare.  


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