Parents denied homebound and Aid and Attendance benefits - help!

Discussion in 'General Discussion' started by chchch, Nov 9, 2010.

  1. chchch

    chchch Newbie

    My parents have moved to a assisted living center under the impression that the expenses would be covered by Aid and Assistance. They make together in retirement pensions and social security about 2k amonth and the assisted living center expenses are 2.9K a month. The center brought my parents in on a seminar for annuities. My parents had no savings, but The seminar salesman processed their paperwork pro bono for Aid and Attendance. My dad is 86 and is a WWII and Korea Vet and met the war time and discharge critiera and seemed to qualify on the income. They applied for PTSD as my dad is having vivid flashbacks of the war. He also uses a walker, has dementia, profound deafness, balance problems (he falls all the time), is only somewhat able to dress himself, and sometimes he wanders. My mother who is on oxygen and uses a walker was exhausted caring for him before they moved to the center. 5 months later, and VA just told my parents that Dad qualified at 50% disabled for PTSD and was denied homebound benefits as only being 50% disabled. It seems that Aid and Attendance was not considered. The PTSD award was only 700 dollars - somehow it was confused as by parents of over 50 years are not considered married because the marriage license was lost, so he was processed as single. This is awful, they have no money to live on and will have to move to where? The Center is extending them and has asked their attorneys to look into this. I am so worried. Any advice? :'(
     
  2. vetadmin

    vetadmin Administrator Staff Member

    I have someone who will help get this straightened out for you. Check your email for more information on this.
     
  3. AngelaManz

    AngelaManz Jr. Member

    The person who filled out the application likely applied for compensation instead of pension. Compensation is for service-connected disabilities. The Pension is for those who need the aid and attendance of another person on a regular basis and have medical or care expenses. You will need to let the VA know that you are applying for pension and not compensation.
     
  4. jpez

    jpez Full Member

    look at the copy of the app. are the boxes on the top of page one (form 526) checked correctly?
    With that said. Compensation pays much more, 23-2600 a month for the vet AND pays 100% for a nursing home.
     
  5. chchch

    chchch Newbie

    Compensation pays more, I don't understand. Under what criteria? If you are 100% disabled to a war injury. If that is true, then it does not apply in this case. He has been qualified at 50% diabled due to PTSD due to war flash backs, but he is 87 and on top of the age and PTSD he has a number of health issues that requires assistance. My mother is also disabled to COPD, heart problems, and a host of medical issues.
     
  6. jpez

    jpez Full Member

    sorry about your situatuion. You could potentially ask for an increase in his rating. But that takes time.
    As a side note, eventhough he did the app for 'free' I would report him to the state dept of ins.
    VA does 3 things
    1. Health care
    2. COMPENSATION:service related disabilities
    3. PENSION: NOn-service related disability

    Any conversation for PTSD means that the person doing the app checked the compensation box and not the pension box.

    100% compensation pays aprox 2600.
    100% pension pays 1644.

    whith C you have to PROVE 100%, with P you are 100% just by being 65.What most nearly everybody doesn't realize is that there is NOT A PROGRAM CALLED AID& ATTENDANCE. period.
    See list of the ONLY 3 things the VA does.
    When you reach a 100% rating with EITHER program you can apply for an even higher rating.
    THink of HOMEBOUND as a 125% rating and Aid&Attendance as 150%rating.

    I bet You r application was for COMPENSATION w/ a rating of Aid& Attendance(error by annuity salesman.)
    hope this helps you and other to better understand the VA program.
     
  7. chchch

    chchch Newbie

    I think this is slowly becoming clear. Thanks for everyones feedback. The attorney for the assistive living center at this point is handling the matter. He is on vacation for the next 10 days. So it will be at least two weeks before the matter is picked up again. It does seem like the VA evaluation was done for compensation. When I talk to my mother on the phone, she gets confused and just repeats that both paths were evaluated - which I don't believe. What is the process to resubmit for pension and does this restart the begining of benefits date?
     
  8. vetadmin

    vetadmin Administrator Staff Member

    You need to file a 21-4138 "Statement of Support of Claim. Do a letter with it and nicely say that the claim "appears" to have been processed as "compensation" and not for "Pension. That the application is for the A&A level of Improved Pension.
     

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