Archives for December 2021

What is the VA’s Aid and Attendance Benefits?

December 27, 2021 by

Veterans who need assistance with everyday living may not realize that they can get additional financial support from the VA to cope.  The VA’s Aid and Attendance benefits program may be worth checking out. Wartime veterans who already received a VA pension may qualify. This assistance is not as well-known but is available for veterans who are in a nursing home or are spend all their time at home because of one or more disabling conditions.

What is the VA’s Aid and Attendance Benefits?

Because living assistance may increase a veteran’s expenses, this stipend can help offset the extra cost of that help.

Aid and Attendance Benefits

This is a benefit available to low-income veterans and their spouses who qualify for the VA pension. Whether they need in-home care assistance with everyday tasks like bathing, dressing, eating, etc., or if they live full time in a nursing home, Aid and Attendance can help make it easier to pay for their care.

A VA pension is not the same thing as military retirement pay. The VA pension is for veterans who have a financial need and a discharge that is not classified as dishonorable.

Aid and Attendance is not an automatic benefit. The veteran must apply for it separately.

The VA also has limits on income and assets, including a cap on the net worth at $129,094 for both. The veteran’s home is excluded up to a lot of two acres, even if the veteran resides in a nursing home. Medical expenses can be deducted from that limit. However, qualification is somewhat similar to Medicaid’s requirements. The VA has a three-year “lookback period” that examines whether any assets were gifted or sold below market value to lower the asset limit.

Qualifications

A veteran who served on active duty for at least 90 consecutive days which includes at least one full day during a time of war can be eligible for Aid and Attendance if they also qualify for the basic veterans’ pension and meet the financial and medical requirements. The veteran’s service does not have to include time in a combat zone.

For the veteran who went into active duty on or about September 7th, 1980, they must have at least 24 months of service with at least one day during a time of war, or other hostilities.  A widowed spouse of an eligible veteran may also qualify if they meet the same medical and income requirements and never remarried.

The Wartime Veteran

To qualify for the VA’s aid and attendance benefits, the veteran is required to be a veteran of wartime service. Those dates include:

• World War II—December 7, 1941, through December 31, 1946
• Korean Conflict—June 27, 1950, through January 31, 1955
• Vietnam Era—

o February 28, 1961, through May 7, 1975, for veterans who served in the Republic of Vietnam during the period
o August 5, 1964, through May 7, 1975, for those who did not

• Gulf War—August 2, 1990, through a future end date set by law or Presidential proclamation or law (the VA considers this war to be still in effect)

The veteran must also meet one of the following requirements to qualify for a basic pension:

• Age 65 or older with no little to no income
• Be permanently and totally disabled
• Receive Supplemental Security Insurance (SSI)
• Receive Social Security disability insurance (SSDI)
• Live in a nursing home

Surviving spouses may also be able to apply under the same criteria.

Need Help? Work With A Houston VA Disability Attorney

Call The Herren Law Firm in Houston at 713-682-8194 (or use our online contact form) to schedule your free consultation for VA disability and other benefits. Our contingency fee basis means you won’t owe a fee until we win your case, and there’s no obligation.

Filed Under: Veterans Disability Tagged With: , ,

Dementia and Social Security Disability Benefits

December 20, 2021 by

Most people think of “dementia” as a specific disease, but it’s actually an umbrella term for several types of conditions involving cognitive decline. These include Alzheimer’s Disease, (the most common) Lewy Body Dementia, and Vascular Dementia.

https://www.alz.org/alzheimers-dementia/what-is-dementia/types-of-dementia

These conditions are characterized by changes in normal brain functioning that disrupt cognitive abilities. Any one of these conditions can lead to problems with everyday life and a person’s independence. They can also impact the person’s behavior, relationships, and feelings.

Short term memory problems appear first, leaving someone unable to take care of normal daily tasks such as:

• Paying bills
• Getting dressed in the morning
• cooking their own meals
• Traveling
• Remembering things like doctor’s appointments

At first, these symptoms might be subtle. Eventually, they will become so pronounced that can cause problems for someone who is employed. Impairments in judgment, language skills, and personality will, over time, prevent someone from continuing working.

What Causes Dementia?

Alzheimer’s, stroke, brain hemorrhage, and other head injuries can lead to dementia. While dementia is most likely to strike elderly patients, the onset of dementia symptoms can affect anyone at any age. A neuropsychological evaluation by a physician can determine if a patient does have dementia.

Well, there is no cure for dementia, there are treatments available that can help with symptoms and delay the eventual decline.

Qualifying For Social Security disability

Like any condition, Social Security Requires that a person meet the qualifications for “disability.” This means that dementia has progressed to the point where a person’s functionality has decreased to the point where they are unable to work, either in a previous occupation, or any other occupation.

Social Security lists dementia under their disability listing 12.02 for neurocognitive disorders.

The most common qualification for dementia is if it prevents someone from working for 12 months or longer or will end in death. However. It is also possible to apply for Social Security benefits if the person is under the age of retirement. The difference is that once the person reaches their full retirement age, from 62 to 67, the disability benefits would then be converted to retirement benefits.

Medical evidence is required to show that dementia interferes with a person’s ability to:

• Understand, apply, and/or remember information
• Learn and remember
• Interact with others
• Planning and judgment
• Manager and/or adapt themselves
• Concentrate and maintain a pace.

Other criteria include delusions, hallucinations, disorganized thinking, and or speech, catatonia, and highly disorganized behavior.

To show that someone has the symptoms of this ailment, they will also need sufficient medical evidence and a medically documented history to support the claim of disability from dementia

Compassionate Care

More than 240 conditions, including this one, qualify to fall under Social Security’s “compassionate care” category. Because qualification for disability can take months or years, these conditions are fast-tracked to be approved in a short period of time, sometimes in just weeks.  Just like any other condition, an applicant must have sufficient medical information and documentation to prove disability. Once Social Security receives this information, no additional steps are required to be approved for the benefits period. Because dementia and other conditions are chronic and severely disabling, applicants don’t have to go through a long process to receive benefits.

Houston’s Social Security Disability Insurance Attorney

If you or a loved one are dealing with dementia, it is possible to receive Social Security Disability Insurance (SSDI) once a diagnosis is received and get the required documentation. Working with a disability attorney who understands Social Security’s processes can ensure that your application is done correctly, especially in light of the compassionate care category for dementia.

We’ve helped over 4,000 Houstonians get SSDI and other disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

Filed Under: Long Term Disability Tagged With: , ,

What Are the Easiest VA Disability Claims?

December 8, 2021 by

It may sound like a contradiction, but there are some VA disability claims that are easier to be approved for than others. That doesn’t mean the process is any faster, but it does mean that some conditions increase your likelihood of approval.

What are Easiest VA Disability Claims

In 2021, there are ten top claims for which the VA awards disability. However, not all may include a 100% rating. As we’ve mentioned before, a compendium of lower-rated conditions can mean a higher rating based on the VA’s complex formula. This may or may not lead to a full 100% disability rating. But the combination of two or more conditions can give you a higher rating than a single condition might receive so filing properly for  VA disability claims is critical.

So what are the easiest claims to get VA disability approval for?

The Top Ten New Claims For Disability

According to the VA’s latest report to Congress, these are the top ten conditions that veterans are receiving when applying for the first time:

1. Tinnitus, with 157,152 new claims
2. Limitation of flexion of the knee, with 99,467 new claims
3. Hearing loss, with 76,102 new claims
4. Lumbosacral or cervical strain, or back and neck strains
5. Limitation of arm motion
6. General scars
7. Limitation of ankle motion
8. PTSD
9. Migraines
10. Paralysis of the sciatic nerve

Before applying you should have an understanding of your condition and what you’re asking for on your claim.

So What Are The Top Five Easiest For 2022?

Veterans have a high chance of approval for:

1. Tinnitus, or “ringing in the ears.” There isn’t a definitive test for it as a blood or audiology test. Veterans are prone to tinnitus if they were subjected to considerable exposure to loud noises such as munitions. Veterans can’t normally wear hearing protection because they can’t hear commands and orders, so they develop hearing problems including tinnitus over the course of their enlistment. Because it’s impossible to disprove tinnitus, if you say you have it, you’re very likely to be approved.

2. Mental Health Issues such as PTSD, anxiety, depression, sexual trauma, and somatic symptom disorders are considered “high-value claims” because they most frequently result in a 30% or higher rating. Four out of ten veterans are rated at 70% or higher due to a disabling mental condition. Like tinnitus, it’s subjective, and there isn’t a definitive test to prove or disprove the claim. NOTE: Many service-related conditions can exacerbate a mental health condition, so consider adding a mental health issue as a secondary condition if needed.

3. Musculoskeletal conditions such as pain and reduced functionality in the neck, back, arms, and legs, arthritis, knee/ankle injuries, sprains, and strains are common complaints among veterans, especially those who served in the infantry. You’ll need to demonstrate recurrent, persistent symptoms. However, most veterans rated for these conditions see 20% ratings, so it’s wise to list it as a secondary condition.

4. Scarring is visible and generally difficult to dispute but must be significant enough for a rating. They are usually mentioned in a service record, and a medical nexus is usually not in doubt. Scarring and scar tissue that affects mobility and reduced movement in the limbs, neck, or back may also qualify as a secondary condition under musculoskeletal.

5. Presumptive Disorders, that the VA presume are service-connected based on the veteran’s service record. For instance, veterans who served in Vietnam between Jan. 9, 1962, and May 7, 1975, and show one or more of a series of conditions are presumed to have been exposed to Agent Orange. Similar criteria exist for veterans of the Gulf War, including those exposed to burn pits, and “atomic veterans.” A medical nexus is not necessary, and it will be easy to get secondary diagnoses approved as well. You’ll need to show your DD-214 to prove that you were deployed to a specific area. Presumptive disorders may be rated from 0% to 100%.

Evidence Is Still Required

The claim that has adequate medical evidence that supports your claim, evidence of a service connection, and a current diagnosis is the one that you will win. This documentation is critical to proving your claim and showing how your condition impacts everyday life.

If you’re already rated for a condition but believe you might be under-rated, you can request to have your condition re-evaluated. This is especially helpful if you have a condition that has worsened over time, such as a musculoskeletal condition.

Need Help? Work With A Houston VA Disability Attorney

We’re not saying that filing one of these claims makes the process easier—far from it. But although these are the easiest claims to be approved for, you’ll still need to go through the complex VA application process. That’s where we can help, as well as with an appeal.

Call The Herren Law Firm in Houston at 713-682-8194 (or use our online contact form) to schedule your free consultation for VA disability and other benefits. Our contingency fee basis means you won’t owe a fee until we win your case, and there’s no obligation.

Filed Under: Veterans Disability Tagged With: , ,
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