This is from some attorney website, so the ADL definition may be off. But if it is supposed to be like the VA aid & attendance then it is a pretty close opinion.
IMPORTANT INFORMATION: PRESIDENT OBAMA HAS JUST SIGNED INTO ACT THE 2010 VETERANS BENEFIT ACT!
If you qualify for TSGLI (Traumatic Servicemembers Group Life Insurance)
Soldiers injured from December 1, 2005 to present are covered if you made payments for SGLI insurance (most everyone is covered due to automatic deduction, unless you elected otherwise).
The loss must have occurred within 2 years of traumatic injury.
If you were injured after December 1, 2005, injury can be under nearly any circumstance and in any location. You do NOT have to be in a combat zone or even on duty. For example, civilian auto accidents are covered! Active, Reserve or National Guard members are covered.
NOTE: In addition to injuries such as loss of limb, sight, hearing etc. a solder can get a scheduled payment for OTI, other traumatic injury.
A solder with any traumatic injury (OTI) can get a TSGLI payment if you cannot do ADL. Claims may be filed for loss of ability to do Activities of Daily Living (ADL) if the claimant is unable to independently perform any two (2) of the following (6) activities on a day-by-day basis for 30 days or more (15 days or more in the case of Traumatic Brain Injuries. Also, if you were hospitalized for 15 days, you automatically get the first $25,000). For each 30 days you qualify, you would receive another $25,000 payment up to $100,000.
1. Eating----needs assistance in eating. Example: unable to get food from dish to mouth, or can’t grip or lift fork, or can’t lift or hold plate, glass, or cup or can’t shake the salt etc.
2. Dressing--------needs assistance getting dressed. Example: Can’t pull shirt over head, or can’t button shirt, or can’t put foot into pants, or can’t put on or fasten belt, or unable to put on socks or shoes, or can’t tie shoes or boots without assistance
3. Bathing-----needs assistance in bathing or cannot get in and out of shower or bathtub, or can’t wash self without help from another person
4. Transferring---needs assistance from another person,
to get in and out of bed or chair or car
5. Toileting-------needs assistance to go to and from toilet, or any help while in toilet
6. Continence----caregiver gives some assistance or has daily accidents
NOTE: IF YOU NEED EVEN A LITTLE HELP TO DO ANY ONE OF THE ITEMS NEXT TO A NUMBER --YOU ARE DISABLED UNDER THAT ADL-YOU DO NOT HAVE TO BE UNABLE TO DO THE WHOLE LIST! If a soldier can’t do number 4 (transferring), they obviously can’t do number 5(toileting).
Also, these are just examples, there may be actions you need assistance with that are not listed- that will still qualify you as disabled, everyone is different!THE INABILITY TO DO ADLS IS THE
Note to Claimants and Health Care Professionals: The Part B (the section filled out by health care providers) form in use before 10-08 incorrectly states “completely dependent” upon another person to perform a listed activity-this is WRONG- see language above- the correct legal standard is now used by the VA in its materials and states:
Unable to “Independently Perform”
The new Application Form and new Part B Medical form uses this standard-make sure you are using the form with an 08 date at the bottom of page.
A soldier needing assistance of another person, to get to the bathroom, or, (under 2008 changes to the rules) needs someone standing by (standby assistance) in case they need help or even needs verbal assistance-- would meet that ADL since he/she cannot independently perform that activity. (TSGLI, A Procedural Guide, Dec. 3, 2008) Health Care Provider filling out the Part B---Make SURE you put the beginning and ending date (or check continuing) of the particular ADL. Solders may also need medical reports and other evidence of treatment which proves there was an injury and the nature and extent of that injury.