Question:
I am on my second appeal for caregiver status for my veteran husband. I am being considered under the old program (laws changed 10/1/2020). My husband is 100%, TDIU, P&T. I have sent in 2 pages of how I need to help him with activities of daily living as well as showing his need for aid and attendance.
I had 2 of his psychiatrists write letters/put notes for his caregiver needs under his "My HealtheVet" profile. I have spoken to the caregiver support people and I am getting the run around. Nobody seems to be able to tell me what more I should include in his appeal process. Even the doctors are confused about what more they need to add.
His primary care doc put down his need for a caregiver based on what I told him was going on. We couldn't get in to see him due to Covid, and the teledoc wouldn't work for us. I have also made a complaint with the Washington DC VA complaint hotline. However, I read that this really hasn't helped many people. We have a lawyer, however there is little she can do to help me because this is a medical determination, not a legal one.
I am at a loss as to how to get this approved. My husband is rated at 70% PTSD with TBI but paid at the 100% level, due to TDIU. I worry if I have to go back to work because he needs help. Any advice or information you could share would be much appreciated. As a spouse, there is very little support you can obtain without the approval of your husband. When that person has mental chàllenges, it makes things so much more difficult, especially through the VA.
Jim's Reply:
Your story is one I hear almost every day. The reports of denials and confusion have certainly gotten more frequent since the beginning of the pandemic and it appears there's very little to be done about it. The harsh fact of the matter is that our nation is undergoing a crisis not seen in our lifetimes and many the systems that are there to support us are failing.
The VA Caregiver Program has a spotty history at best. I've followed it as closely as anyone and today I don't have a clue as to the direction of the program or how to deal with the glitches that arise. As federal leadership changes there are few in Washington who will commit to anything.
The only real help you'll find is at your Congressional Representatives office. Of course this will have to wait until the new year for any real action to take place but if you begin to lay some groundwork now, it can't hurt.
The obvious first step is to learn who your federal senators in your state are and consider which one you may work best with. Then sort out who your federal Congressperson is and consider which of these 3 you would rather try to work with. This is important at the start of your mission because these offices don't like to overlap in their efforts.
Each representatives office will have a designated individual who is the VA liaison. That is the person you want to get to know. You'll need to complete some privacy paperwork and that person with then make a Congressional inquiry on your behalf to ask the VA to explain what's up with your case.
The Congressional office you deal with doesn't have any authority to tell VA to do anything for you. However, in most instances at VA, they really don't like the Congressional attention at the local level and they'll act quickly to resolve the problem, often in your favor, just to be rid of the annoyance of an inquiry.
Your task is to decide who to work with. The person you make contact with may either be on board to help or he or she could be planning their next job with the political turmoil of the current administration.
If you're methodical in your approach and as persistent as can be over time, this is likely to be the best route to benefits. Good luck.
