Confused: My father denied A&A

Discussion in 'General Discussion' started by Gene Popiolek, Feb 28, 2018.

  1. Gene Popiolek

    Gene Popiolek Newbie

    My father is 93 year old WWII veteran. We engaged a lawyer to help us with his application, which was received by the V.A. last February, 2017. Based on advice from posts on this forum, I had our Congressional Representative begin inquiries after four months. We finally received a letter in September stating that he was not eligible for A&A because "entitlement to an additional payment of compensation is established when service-connected impairment imposes a special level of disability." He was also denied having met the criteria for A&A because he didn't "meet the criteria."

    He is legally blind, incontinent, uses a walker, cannot dress or feed himself without assistance, has mild dementia and needs help in all tasks related to daily living . The V.A. has all of his relevant medical records and letters supporting his claims for A&A from his primary care physician and ophthalmologist.

    Everything I had read on the VeteranAid website states that he should be eligible for A&A (he served 2 1/2 years in Europe during WWII). The V.A. decision states that his physical impairments must be service related.

    With the lawyer's help (she couldn't believe the V.A. denied his application), we filed a Notice of Disagreement in September, 2018. I contacted our U.S. Senator's office and a staff member has been inquiring about the application. In December, the V.A. informed me during a phone conversation that the average decision time for an appeal is 505 days!

    Is there anything else I can do to correct this situation? My father has been in assisted living for over a year, but his funds are depleting. The A&A benefit is necessary for him to remain in his facility. HELP PLEASE?
     
  2. ARNGUS

    ARNGUS Newbie

  3. VA Legal Team

    VA Legal Team Full Member

    Without seeing the VA denial letter, I can't tell you with total confidence why your father was denied.

    However, based on what you wrote, it sounds like the lawyer MAY have applied for special monthly compensation with aid and attendance. I've seen VSO's make this mistake many times when a veteran is receiving disability compensation from the VA.

    505 days for the appeal sounds very much like a COMPENSATION issue and not a PENSION issue. As someone that has done many aid and attendance pension appeals, I don't think I've ever had one that's taken more than one year and even that is very rare these days.
     
  4. Gene Popiolek

    Gene Popiolek Newbie

     
  5. Gene Popiolek

    Gene Popiolek Newbie

    VA Legal Team,

    Thanks for your reply. If the lawyer did apply for special monthly compensation with aid and attendance, what would be my next step to investigate or change this situation. Should I go through my lawyer, contact the VA...? Thanks again, your reply makes sense.
     
  6. VA Legal Team

    VA Legal Team Full Member

    If you post the denial letter, I can likely tell you for sure.

    But if the lawyer knew your father’s situation, and knew he wanted to apply for pension, then I’m not sure I’d trust his/her judgment. The VA is just going to tell you to complete the 21P-527 EZ. Based on your original post, it sounds like the 21-2680 wasn’t completed to the VA’s satisfaction.

    Do you know what forms were submitted?
     

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