12 months prior

Discussion in 'General Discussion' started by newpenny, Apr 6, 2012.

  1. newpenny

    newpenny Jr. Member

    Does anyone know how or where I can find the new legislative law about 12 months prior. Does anyone know the year it was passed? I would like to read it for myself.
     
  2. newpenny

    newpenny Jr. Member

    i found what I was looking. it is Title 38: Pensions, Bonuses, and Veterans Relief-Part 3-Adjuducation, section 3.401 (Authority: 38 U.S.C. 501; 5110(b)(1), (3)).
    If anyone is interesting I can give them the web pages to look at.
     
  3. vetadmin

    vetadmin Administrator Staff Member

    Thanks for sharing with everyone. It would be most helpful if you can post the link to the page.
     
  4. newpenny

    newpenny Jr. Member

    Title 38: Pensions, Bonuses, and Veterans' Relief
    This title sets all the rules for Aid and Attendance

    Cornell law School had the easiest web site to find this info on.

    The following web page states when award takes effect.

    http://www.law.cornell.edu/cfr/text/38/3.401

    but 38 USC § 5110 – changes this
    http://www.law.cornell.edu/uscode/text/38/5110
    Effective dates of awards changes this to
    (2) The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.
    The reason that some veterans that have been awarded the A&A were told they may apply for 12 months prior is because 12 months prior is the most you can get because:
    United States Court of Appeals, Federal Circuit, May 20, 2010: stated that the intention was for only 12 months.
    In my personal opinion I think the reason some people got a letter stating to apply for prior 12 months is because the person handling the case thought that is was apparent that the veteran’s condition had been going on for some time. Just because you got an award for aid and attendance and you were not told to apply for the prior 12 months does not me you can not apply.
    I am not the actual veteran; I am the person who helped the veteran to apply. The reason I helped him is because when he got the award letter stating that he was getting an increase in the basic pension in Dec 2011, it stated that because his only other income was social security he may be eligible for aid and attendance. It was obvious to them he probably would qualify. It seems to me they tell veterans to apply when it is quit obvious this is the case.

    This is what I have been able to piece together.
     
  5. vetadmin

    vetadmin Administrator Staff Member

    Thanks for posting this!
     
  6. newpenny

    newpenny Jr. Member

    i want to thank for everything you have done to help people. When I think of what you went thru with your parents I get so upset.
     
  7. vetadmin

    vetadmin Administrator Staff Member

    While a difficult memory, I look at it as it was necessary for a greater good to come of it. Every night I look up, and say "thank you" for I know there was a reason for it all, and how blessed I am for being in a position to make a difference for others whose lives I would have otherwise, never touched.

    Thank you for appreciating my efforts.
     
  8. newpenny

    newpenny Jr. Member

    I just found out from one of our senior members that in order to get the prior 12 months you have to been 65 or older in 2001,that leaves me out. At least I know and can let others know this one of the requirements.
     

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