Willful Misconduct and A&A

Discussion in 'General Discussion' started by nepavet, Apr 14, 2014.

  1. nepavet

    nepavet Newbie

    Dad has been in an Alzheimer's assisted living facility for the past 8 1/2 yrs. My family recently learned of the A&A benefit and have begun the process of filing for benefits. My question is that on the diagnosis form that the doctor filled out, he listed dad's diagnosis as Dementia, Diabetic, Ethanolism. Although his current mental state and also the reason for him being in the facility was not related to alcoholism, it is listed in the diagnosis nonetheless. Does anyone know if the fact that alcoholism is in the diagnosis will disqualify him from receiving A&A?

    Many Thanks
     
  2. vetadmin

    vetadmin Administrator Staff Member

    It should not.
     
  3. nepavet

    nepavet Newbie

    Can you please help me understand the rules when it comes to willful misconduct and receiving improved pension? From what I understand, the VA can potentially look at the diagnosis and determine that he caused his own illness due to the use of alcohol. Would the actual diagnosis even be a deciding factor in whether he is awarded A&A anyway, since he is over the age of 65? Doesn't age of 65+ automatically qualify a veteran as "disabled"? He should meet all the other requirements as far as needing help with ADLs and needing the supervision of others due to his dementia. Maybe I'm worrying about nothing but I am very concerned over the fact that alcoholism was included in the diagnosis.
    Thank you for your help!
     
  4. vetadmin

    vetadmin Administrator Staff Member

    I can't say with certainty, but his other diagnosis are enough to substantiate his need to be in assisted living care.

    I would not lead with the alcohol issue, and please explain what you are asking in regards to "willful misconduct".

    65 and older does classify as disabled, but for VA purposes only and it does not mean "disabled" in the same way that service-connected disability.
     

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