Aid and Attendance question in P&T - Permanent & Total Disability Forum

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Aid and Attendance question

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rmccamick

Aid and Attendance question

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Posts: 90

Jul 28 12 9:46 PM

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Could someone please clarify how much A&A is? I have some saying $300 a month and then some saying more. Can you receive A&A and also your 100% service connection compensation?

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usncorpsman316

repsonse to your question

#1

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Posts: 68

Jul 30 12 12:08 AM

hey rmccamick,

i'll answer your first question like this - it depends on the severity of your disability.

i'll answer your second question like this - yes you can.

here's the link: http://www.vba.va.gov/bln/21/Rates/comp02.htm

this will take you to the Special Monthly Compensation table rates and there you can see for yourself the different amounts that some of us get.

in my case, the VA pays me at the S1 rate with a spouse.

hope this helps...

doc

by the way, there also these two rates that maybe added if you qualify:

SMC	Rate	Payment variation
K	$99	Usually added to other rate or paid as the rate when percentage is zero.
Q	$67	Paid in place of a rate.

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frankie

#2

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Posts: 273

Jul 30 12 8:04 PM

rmccamick wrote:
Could someone please clarify how much A&A is? I have some saying $300 a month and then some saying more. Can you receive A&A and also your 100% service connection compensation?

See: http://www.vba.va.gov/pubs/forms/vba-21-2680-are.pdf and http://www.law.cornell.edu/cfr/text/38/3.352

§ 3.352

Criteria for determining need for aid and attendance and “permanently bedridden.”

(a) Basic criteria for regular aid and attendance and permanently bedridden. The following will be accorded consideration in determining the need for regular aid and attendance ( § 3.351(c)(3): inability of claimant to dress or undress himself (herself), or to keep himself (herself) ordinarily clean and presentable; frequent need of adjustment of any special prosthetic or orthopedic appliances which by reason of the particular disability cannot be done without aid (this will not include the adjustment of appliances which normal persons would be unable to adjust without aid, such as supports, belts, lacing at the back, etc.); inability of claimant to feed himself (herself) through loss of coordination of upper extremities or through extreme weakness; inability to attend to the wants of nature; or incapacity, physical or mental, which requires care or assistance on a regular basis to protect the claimant from hazards or dangers incident to his or her daily environment. “Bedridden” will be a proper basis for the determination. For the purpose of this paragraph “bedridden” will be that condition which, through its essential character, actually requires that the claimant remain in bed. The fact that claimant has voluntarily taken to bed or that a physician has prescribed rest in bed for the greater or lesser part of the day to promote convalescence or cure will not suffice. It is not required that all of the disabling conditions enumerated in this paragraph be found to exist before a favorable rating may be made. The particular personal functions which the veteran is unable to perform should be considered in connection with his or her condition as a whole. It is only necessary that the evidence establish that the veteran is so helpless as to need regular aid and attendance, not that there be a constant need. Determinations that the veteran is so helpless, as to be in need of regular aid and attendance will not be based solely upon an opinion that the claimant's condition is such as would require him or her to be in bed. They must be based on the actual requirement of personal assistance from others.

(b) Basic criteria for the higher level aid and attendance allowance. (1) A veteran is entitled to the higher level aid and attendance allowance authorized by § 3.350(h) in lieu of the regular aid and attendance allowance when all of the following conditions are met:

(i) The veteran is entitled to the compensation authorized under 38 U.S.C. 1114(o), or the maximum rate of compensation authorized under 38 U.S.C. 1114(p).

(ii) The veteran meets the requirements for entitlement to the regular aid and attendance allowance in paragraph (a) of this section.

(iii) The veteran needs a “higher level of care” (as defined in paragraph (b)(2) of this section) than is required to establish entitlement to the regular aid and attendance allowance, and in the absence of the provision of such higher level of care the veteran would require hospitalization, nursing home care, or other residential institutional care.

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

What are Aid and Attendance and Housebound benefits?

Aid and Attendance (A&A) is an enhanced or special monthly pension benefit paid in addition to basic pension. You may not receive enhanced or special monthly pension without first establishing eligibility for basic VA pension. However, because enhanced pension is based upon a higher income limit, a claimant ineligible for basic pension due to excessive income may be eligible for enhanced pension benefits. A Veteran may be eligible for A&A when:
1. The Veteran requires the aid of another person in order to perform his or her activities of daily living, such as bathing, feeding, dressing, attending to the wants of nature, adjusting prosthetic devices, or protecting himself/herself from the hazards of his/her daily environment, OR,
2. The Veteran is bedridden, in that his/her disability or disabilities requires that he/she remain in bed apart from any prescribed course of convalescence or treatment, OR,
3. The Veteran is a patient in a nursing home due to mental or physical incapacity, OR,
4. The Veteran has corrected visual acuity of 5/200 or less, in both eyes, or concentric contraction of the visual field to 5 degrees or less.
Housebound is an enhanced or special monthly pension benefit paid in addition to basic pension. You may not receive enhanced or special monthly pension without first establishing eligibility for basic VA pension. However, because enhanced pension is based upon a higher income limit, a claimant ineligible for basic pension due to excessive income may be eligible for enhanced pension benefits. A Veteran may be eligible for Housebound benefits when:
1. The Veteran has a single permanent disability evaluated as 100-percent disabling AND, due to such disability, he/she is permanently and substantially confined to his/her immediate premises, OR,
2. The Veteran has a single permanent disability evaluated as 100-percent disabling AND, another disability, or disabilities, evaluated as 60 percent or more disabling.

A Veteran cannot receive both Aid and Attendance and Housebound benefits at the same time.

How to Apply for Aid and Attendance and Housebound:

You may apply for Aid and Attendance or Housebound benefits by writing to the VA regional office having jurisdiction of the claim. That would be the office where you filed a claim for pension benefits. If the regional office of jurisdiction is not known, you may file the request with any VA regional office.
You should include copies of any evidence, preferably a report from an attending physician validating the need for Aid and Attendance or Housebound type care.
The report should be in sufficient detail to determine whether there is disease or injury producing physical or mental impairment, loss of coordination, or conditions affecting the ability to dress and undress, to feed oneself, to attend to sanitary needs, and to keep oneself ordinarily clean and presentable.
In addition, it is necessary to determine whether the claimant is confined to the home or immediate premises.
Whether the claim is for Aid and Attendance or Housebound, the report should indicate how well the individual gets around, where the individual goes, and what he or she is able to do during a typical day.
http://www.vba.va.gov/pubs/forms/vba-21-2680-are.pdf

Frankie

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rmccamick

#3

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Posts: 90

Aug 2 12 10:28 PM

Thanks for the replies. I got confused. I thought it was a basic pay across the board, but know I see it depends on what letter your rated. I appreciate the feed back

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frankie

#4

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Posts: 273

Aug 3 12 12:53 AM

rmccamick wrote:
Thanks for the replies. I got confused. I thought it was a basic pay across the board, but know I see it depends on what letter your rated. I appreciate the feed back

AA is also an SMC "L" rating, while housebound is an SMC "S" rating. Housebound is 100% SC plus a separate disability rated at 60% (I won't go into details here, but you can use the search box above and simply type the word "HOUSEBOUND"). But as I also posted above, AA is a very different rating and criteria.

Frankie

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rmccamick

#5

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Posts: 90

Aug 4 12 2:24 AM

Thanks, I got a VSO through the PVA. Due to my husband's spinal cord injury from the Gulf War, things have got a lot worse. He has very little range of motion in both arms, wrists and fingers. He has hardly any feeling in either hands unless stabbed with a knife. He cant even complete basic hygeine skills. Our last appointment they recommended adaptive clothing, so I need to check on a clothing allowance also. I am just finding out about all the VA services, sounds like there is a lot out there, its just finding them and getting through all the paper work. Thanks for all the help

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VABA

#6

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Posts: 2518

Aug 4 12 4:46 PM

A good VSO (or two, if you need them; I eventually used three total) will know what benefits and what paperwork to file for you on your behalf. The Paralyzed Vets of America were particularly good for us.

At such a high level of SMC, the A&A is automatically subsumed into the alphabetic letter rating, so you don't get a separate A&A or Housebound separate from the SMC level.

HAS HE HAD AN EMG to rule out ALS? Not wanted to worry you more, but if it is ALS there's a lot that needs to be done besides VA SMC.

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rmccamick

#7

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Posts: 90

Aug 4 12 4:57 PM

VABA, yes we have had an EMG (every other year) I thought maybe he did have ALS, but test said no. Its all a spinal cord injury and damage to the nerves. Thanks for asking I had thought the same thing.

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BozackJenkins

#8

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Posts: 3

Aug 7 12 10:13 PM

Great info! I was awarded Housebound benefits and wasn't entirely clear as to why that was or what they entailed. Thanks!

100% P/T

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hun

QUESTIONS ABOUT A&A-HOUSE BOUND

#9

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Posts: 20

Oct 31 12 12:23 PM

When I first applied to VA I was awarded A&A but was not yet service connected and my income to great to qualify for pension. I received nothing for it. Later I was finally awarded a total of 90% at a set $$ amount income for month that did not include A&A. I still had some claim in for decision and was recently awarded 100% with, they said housebound. They did not send me a break down of how much the housebound income was and they did not go back to my original claim date. Questions, 1.--what is the dollar amount of income monthly for A&A and Housebound? 2-- when I became service connected at 90%, shouldn't I have started to get additional income for the A&A? If your could answer these questions it would be helpful.

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hun

#10

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Posts: 20

Oct 31 12 7:57 PM

I had a a&a c&P AND WHEN I GOT MY AWARD OF 100% P&t they gave me housebound never had housebound c&p.

Edited 1 time by hun Nov 4 12 5:47 PM.

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