What benefits would my wife be eligible for?

Discussion in 'General Discussion' started by restess, Aug 8, 2011.

  1. restess

    restess Newbie

    I have searched through many post but still haven't found the one that answer's my question.

    I am 100% service connected and receiving AA "L" rate.
    My wife became disabled via a stroke and diabetic complications. She filed for and received Social Security Disability.
    Would she be eligible for any VA benefits based on my Service Connection Disability and if so, would that deduct from anything I am
    receiving from the VA? I recently applied for a higher rate of care based on loss of use of my legs and arm in which the VA purchased an electric wheelchair and carrier, and peripheal neuropathy, diabetic neuropathy, and loss of bowel control and incontinence. My wife had been attending to me but she is completely unable and now my brother and his wife have stepped up. My Doctor wrote a letter to the VA on my behalf stating unless I receive a higher level of care then I will be forced to live in a hospital, nursing home or other residential institutional care program and I based this on the reading in Title 38 U.S.C. 1114 (R)(2), "provides for the payment of a specified monthly aid-and-attendance allowance to a veteran if, in addition to needing regular aid and Attendance the veteran: (I do) (1) needs a higher level of care; (I do) and, (2) would require hospitalization, nursing-home care, or other residential institutional care in the absence of the higher level of care (I would) My original claim was denied but I filed for a DRO hearing last October after submitting more evidence but have heard nothing yet other than they are still working on my claim and I am not sure whether to file for my wife if she is eligible, at this time and certainly don't want anything given to her to be taken away from me and this is one thing I am concerned about.
    Her expenses run more than what she receives in SSD payments, hell her medication cost her that much but I have CHAMPVA for her there to cover the 75% and AMRA (ASI) to cover the other 25%.
    So would I be confusing my claim should I have her file for anything that she may be eligible for??
     
  2. Fit2009

    Fit2009 Sr. Member

    Dependent Status 70% 80% 90% 100% Add if Veteran A&A
    Veteran with Spouse Only $1,333 $1,547 $1,739 $2,823 + $654 $3,477

    Additional for A/A spouse $95 $108 $122 $136

    So $136 per month for your spouse needing A&A if you currently receive $3,477 (which is L)
     
  3. Marp

    Marp Jr. Member

    Where did you find the "Add if Veteran A & A"? I was looking at the Disability Compensation rate tables and I couldn't find it.

     
  4. Fit2009

    Fit2009 Sr. Member

    It is category L in the table.
     
  5. restess

    restess Newbie

    Sorry to take so long in thanking you for the information you provided Fit2009 but you were right on target.. I will file on behalf of my wife sometime this week...do you perhaps know what form I would use???
     
  6. Fit2009

    Fit2009 Sr. Member

    You just use the Statement in Support of claim and a Physician;s Examination form for her - no other forms required!
     

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