despite 220% service Connected-denied Aid and attendance

[aztec]

I am a 62 yr old vet of the Vietnam War who lost one leg at the hip{hip Disarticulation}, "loss of use" of the other leg and have a rebuilt trachea {Tracheal resection} all due to an NVA ambush in march of 69. I also have some deterioration of bone etc.secondary to those injuries. I have lived in Specially adapted housing since 1970. I have been rated 100% since my injuries  but my actual ratings add up to 220%. About two years ago I applied for A&A from the NY VA regional office, but despite both examining doctors indicating that it was required, some bureaucrat denied my claim, primarily because I stated that "I can walk as far as five blocks". I am presently awaiting an appeals hearing but have little faith in either my DAV rep, my congressman or the VA. Anybody have any ideas? I would appreciate it.

[vetadmin]

I am sending you a private message.

[Fit2009]

Your need for the attendance of an another person must be a direct result of the service related injury to receive the special monthly pension adder for 100% disabled veterans - perhaps you did not point out a need you have from those injuries?  I know a gentleman who had severe facial injuries. His family filed for the A&A adder when he enter an ALZ facility and they were denied, resubmitted do to needing assistance for soft food preperation because of issues eating related to facial injuries and received the increase.

[voodoo1]

Welcome home brother. As a Viet Nam Vet myself I understand what you r going through and what u r up against. They r just like the C&P appts that we have 2 go 2 just 2 get a comp check. I'm 140% total/ permanent service connected unemployable but not A&A but u have all the qualifications 4 a grunt that I have seen, but the one's that make the so called desicions don't have an idea what's going on. They r there 4 a pay check and a double retirement check. Hang in there brother if all else fails get a good lawyer.

[VSR]

I think you may be confused with what you are eligible for.  100% service-connected compensation is a greater benefit than pension with aid and attendance, so VA would deny your pension claim so that you can keep getting the compensation.  You could get special monthly compensation, but that is an entirely different benefit with different qualifications.

[Fit2009]

Special Monethly compensation is the adder to 100% compensation if the veteran needs the aid and attendance of another person as a result of the war time injury - unfortuantely having the words "aid and attendance" in the criteria do result in people heading down the wrong path.  there is no financial criteria, just the linkage between service injury and resulting the need for the aid adn attendance of anotehr person.