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Author Topic: Would I be entitled to A&A if receiving compensation?  (Read 1108 times)
xmineman
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« on: September 30, 2008, 03:48:09 PM »

I have been service connected @ 50% and on appeal for 3 years. Claim was for residuals due to 10 knee surgeries including replacement. The problem is I have to wear a compression stocking due to lymphedema developed from knee surgeries. This stocking is so strong and tight it requires silicone lube to get it on and there is no way I can get it off with out help from another person. If I were to travel without my wife I would have to beg or pay someone to help me. When traveling to VA hospitals they will put my wife or other up just to help me get the stocking off. Even though I am not totaly disabled would this need for care make me eligble for A&A?
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vetadmin
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« Reply #1 on: October 08, 2008, 07:26:16 AM »

You need to find a good service officer to review your claim.

You are now receiving service-connected compensation at the 50% rating.
There is an additional benefit called SMC (Special Monthly Compensation) that you should be entitled to due to needing the assistance of another person. It is a different form of A&A that is for compensation claims.

The VA is suppose to pay whichever benefit is to the veteran's advantage. You may be better off receiving pension with A&A, as far as monetary benefits. You wouldl remain rated for his service-connected disability and receive all related benefits for that but would receive pay under the pension with A&A, if qualified.

It looks like you could also be eligible for secondary conditions as service-connected and possibly 'Individual Unemployability' due to your service-connected disabilities. This would pay you at the 100% service-connected rating. We think you are missing out on a lot of benefits and should be looking for a good service officer.

We wish you the best of luck with finding someone who can help you sort this out and get what you are entitled to.

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pologal
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« Reply #2 on: October 15, 2008, 08:09:40 PM »

just be aware that for pension, it is income based. if i were you, id file for both SMC and for disability pension w/ AA.  VA will determine which benefit is greater. this depends again on income for pension. 
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