Can You Get Paid for Aid & Attendance TWICE? (SMC Rules)

Comments · 24

• JI

  @jimmyelmore629 · 6 days ago

  Thank you for covering this topic.

  1

• AR

  @ArmyGeorge · 1 day ago

  I put in a intent to file through the VA..been working on my SMC getting the 21-2680 filled out 526EZ..all my medical evidence...medical bed scooter ect...I have a Spine Surgery and pain Management consultant need help with ADL daily daily...no stand alone 100..probably get denied..if I put it in...good information keep it up!

  2

• PJ

  @pjinbama · 1 day ago

  My husband is vision impaired but not service connected. Wish I could get A&A for him

  1

• VA

  @valariecovington8379 · 1 day ago

  Great explanation of subject . Do you have to apply for the second aid and attendance if you're already getting it along with another 100 percent rating and additional ratings to get the two aid and attendance? Reaching R1? Hope that makes sense. Thank you.

• JI

  @jimradogna6238 · 6 days ago

  Although BVA has granted A&amp;A for two separate conditions in a number of cases, whether two A&amp;As are actually allowed is still not settled law. The statute and regulation simply aren’t clear on whether two separate A&amp;A awards are permitted or prohibited. While some VLJs have allowed it, a number of VLJs have recently rejected the concept, and the issue is currently being litigated at CAVC.<br><br>There is also the separate issue of combining the full-step (100%) and half-step (50%) bumps under 38 C.F.R. § 3.350(f). Current M21-1 guidance specifically prohibits this. M21-1, VIII.iv.4.A.6.a says to apply either § 3.350(f)(3) or § 3.350(f)(4), whichever is appropriate, only once in a rating decision. It also specifically states that concurrent entitlement under both provisions is prohibited.<br><br>Importantly, Barry did not address these issues. So Barry doesn&apos;t settle whether two A&amp;As are allowed or whether the full-step and half-step bumps can be applied together. Under the current M21-1 guidance, VA is likely to deny that combination, meaning the issue would need to be appealed to BVA and potentially litigated further at CAVC.

  2

• BO

  @Boss88-c3n · 2 days ago

  So I have been denied A&amp;A based on 70% mental health, 60% chronic fatigue, 40% fibromyalgia, but I think I would’ve been better off using my single 100% chronic bronchitis/sleep apnea rating so they couldn’t use a reason to deny. My job is to show why I need A&amp;A which I did and was approved. But the VA kept messing up increases and when I tired to fix it the took EVERYTHING AWAY🤣🤣

• BO

  @Boss88-c3n · 16 hours ago (edited)

  You should mention if you list 10 conditions on the 21-2680 to establish A&amp;A SMC-L those conditions can’t be used again for increases.<br><br>Use only the condition that qualifies you for A&amp;A..everything else 50% or more must be used to increase your overall pay. <br><br>Trust me less is more when filling out that 21-2680.