Veterans' Advocate Jim Strickland answers questions from VA Watchdog dot Org readers.

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Veterans' Advocate Jim Strickland provides regular columns for VA Watchdog dot Org.  If you would like to contact Jim about his columns, you can email him here...  The archive of Jim's articles is here...  To find an answer to a specific VA benefits question, use the VA Watchdog search engine... click here...  And, be sure to use Jim's:  "A to Z GUIDE OF VETERANS DISABILITY COMPENSATION BENEFITS" click here...  JIm's series for new vets, "Welcome Home," is also featured on Military.com. And, you can follow Jim on TWITTER here ...

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by Jim Strickland

NOTE:  Letters in my Q&A columns are reprinted just as they come to me. Spelling and grammar are left as is and only small corrections are made to improve readability, ensure anonymity or delete expletives that may offend some readers. This is not legal advice. You should always seek the advice of an attorney who is qualified in Veterans' law before you make any decisions about your own benefits.

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Jim;

I contacted you guys some time ago about compensation for my father. I am pleased to say that on the first try with no lawyer he got the 100% total and permanent rating. Now I am looking into the Aid and Attendance but can't find much information on it and what would be considered a good rating for him. Can you help me at all in this?

Reply;

As it often happens, the VA web site itself is a good source of info about this topic. That is, if you know where to look. The VA site is not the easiest to search on so I've copied the data up for you and I'll paste it in below.

I've found that the A & A and Housebound benefits can be very confusing. Often enough the best way to get info is to apply for the benefit and wait and see what else you need when denied. The appeal is where you'll receive what you asked for after VA tells you where your original application failed.

From the site...

What are Aid and Attendance and Housebound benefits?

* Aid and Attendance (A&A) is a benefit paid in addition to monthly pension. This benefit may not be paid without eligibility to pension. A veteran may be eligible for A&A when:
1. The veteran requires the aid of another person in order to perform personal functions required in everyday 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 is blind, or so nearly blind as to have 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 paid in addition to monthly pension. Like A&A, Housebound benefits may not be paid without eligibility to pension. 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.

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Jim;

Hey what can you tell me about Medicare? My husband has been paying for it for nine years but never activated it. Is it part A and B and what about drugs? I was thinking it could be the secondary and pay of his visits and co-pay on drugs..
Will having it screw up my primary that I get through work?

Reply;

Medicare isn't ever second payer. You might ask if your insurance would be 2nd payer to Medicare. Your insurance company may like to hear that.

If a veteran is 100% Medicare recommends drugs come through VA. Part D (drugs) is expensive through Medicare.

Have a look in my A to Z Benefits Guide at http://jimstrickland912.com  and learn what a lawyer who practices disability law has to say about SSDI, Medicare and VA Compensation.

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Jim;

I've been dealing with the DAV rep. in Boston for 7 or so years. I currently receive 70 % and have made attempts to speak to my 'REP' on average once a month maybe at times twice about my "appeal" ,each time I phone they will call back. The few times I did speak to my 'REP' he would talk "down" to me making me feel guilty for being a VET..I am pushing for 100%, I have DR. reports up the ass...The last time I phoned -"no call back" this seems to be the MO in Boston,out of years of calls I may have 5 call backs. My last effort was to send a registered letter (10-02-09) with a DR update and a" note" stating that I was under the impression '"when I last spoke with him I was to have a hearing sometime this October in 09 Boston"..I received a reply on the DR. updated note only 9 DAYS LATER....On 9-14-09 at 9:15 am. I phoned again, (I know for a fact they can see my caller ID name on their end) the person who took my call "once realized it was me" put me on hold for a few and said my REP was not available and she would relay the that I called and someone would get back to me. I continued to ask the question "how many reps are in the office ,she would not answer and hung up on me.....I 'am a life time member in the DAV , and I KNOW they must have excess volume of claims to deal with,I can understand they have a difficult job ..But my history with this office has been bad !..I 'am nice when I talk to them -not rude..I know if I "piss them off" they hold my welfare at stake .I try to find out the VA process and how it works, not in depth just a basic understanding -how it flows from VA review to my REP and just what is his role !??.. Its been 7 or so years on and off appealing and I so pissed off on this issue (DAV is to help - WHO? me MY rep has been an empty suite!!! I don't what advice you have-I need help and someone who will represent me ..thanks

Reply;

I hear this often about many of the VSO services. it's why I suggest DIY so strongly as I do.

Nobody cares about your claim except you.

At the risk of sounding like a broken record, I've written about the VA process and DIY in my http://jimstrickland.com  Guide.

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Jim;

Im 60 years old in Dec - 6 Mo ago I was diagnosed with Prostate cancer - They tried to force me to get it pulled in Milwaukee VA but I refused & fought with them to get Baracytherepy in Mnps VA 9not an easy fight because its a lot more expensive) - Im leaving today getting Brackytherepy tomarrow! I was talking to another Vet this morning & he said I was eligible for VA Comp for this cancer - Is that a fact serving in Panama (long story in itself) - we operated out of Ft. Sherman CZ (an abandoned base - SF had the complete beautiful base to ourselves) running JOTC tng for all the cpts/Lues going to Nam. I found out many years after I was out that in 1970 just before I got there there was a PROBLEM @ Ft Sherman with some kind on Contamination but could never find facts out about that contamionatioon was - involved 5 guys I heard! Anyway I was there - we also opperated in Insect Experimental areas on Gatun Lake marked with large signs : This is an insect experimental area - enter @ your own risk (we were running FTXes)! I know we came into contact with all kinds of crap we didn’t know about incluiding agent orange test areas etc!

Have you heard of any of these probvlems coming from Ft Sherman CZ in 1970 before-after? Am I a qualified vet being stationed in Panama Ft Gulick / Ft Sherman ? Any help will be apreciated!

More Bkgnd: My daughter was born in 1980 3#3oz full term - she had helerman strife syndrome/epilepsy/groth problems - she died @ age 8 weighing 28# & in diapers! Theres a better than good chance the culprit may have came from Panama when I was stationed there (ive tried to talk to other VAs about this but to no avail) !

I curerently have a 10% disability from being in a vehicle accident in 1969 while in the service (enough to pay my meds - I have damage in C4-C5 vertibrea + lots of bad headache stuff - always tired etc! I fought for more but my VA rep screwed me over big time so did my VA here in Upper MI! (another long story)

Ive been burnt out fighting for my VA right in years past & need to know if I qualify being in PANAMA CZ - 1970-72

Reply;

No. You don't "qualify" for presumptive benefits. If you believe that your health issues were caused by your service, you must prove it.

Have a look at my A to Z Guide and the Agent Orange section click here
http://jimstrickland912.com

I'll be updating that soon and will explain "presumptive".

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TOPICS: veterans, veterans' benefits, VA, Department of Veterans' Affairs, Jim Strickland, Veterans' Advocate,