How do I appeal a claim of aid and attendance?

Posted on: Friday, June 08, 2018
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How do I appeal a claim of aid and attendance?

Question

My husband has a stroke and is now blind.  A military doctor wrote a letter stating he is legally blind due to a stroke he had in October. He can't walk very well, he has to have a walker, he is incontinent, and has serious dementia, usually at night. I applied for aid and attendance through his VA Doctor who submitted the form for me.  My claim was denied because they said his blindness was not service related. His military oncologist has started him on chemotherapy because of high platelets.  He told me he has a "bone marrow" type of cancer. I take him to see the oncologist on June 12. My husband did 2 tours of Vietnam. He entered the military in 1968 and was honorably discharged in 1990. He is receiving 100% disability from the VA. Before the stroke he told me that is was for COPD and chronic pulmonary disease.  He has hypertension as well but doesn't remember what else he is receiving it for. I stay home and care for him full time.  Our grown children help on occasion. It is hard.  He is totally helpless. He is incontinent and also lost the full use of his left arm and leg. What do you suggest I do to appeal this claim of aid and attendance. I never even knew about it until our case worker at the VA suggested it.  I guess I'm a little upset because he was exposed to Agent Orange and they are denying our claim.

 

Jim's Reply

Applying for the A & A benefit, "through his VA Doctor who submitted the form", is very unusual and highly irregular. I'm not at all sure I understand how that may have happened but that isn't all that important now. You say your veteran has been denied a benefit that he applied for so it's time to formally appeal the denial. If you want any action to occur, you must timely file a formal appeal.

Your very best bet is to talk with a veterans law attorney about an appeal of the denial. A veterans law attorney will be able to evaluate the claim and denial and then offer you a plan for a successful appeal.

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