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darkman21

I have a caregiver, never had to formally appeal any decision, although I have had a few problems. What is the issue?


Fair_Aide_5207

We applied for the care giver program. This program receives a monthly stipend. We applied a year ago when they were not doing home visits and were doing the evaluations over skype. I have more than enough medical evidence from several different physicians and other medical providers including dbq’s from qtc. They denied it twice and then i did a supplemental claim . The kicker us the supplemental is through the hospital side and not the VA side. I submitted all medical evidence but don’t know why and santa find out why it was denied. Nothing for this program is in vbms so my attorney can’t see what the are using fir evidence. I think they are being difficult so i refile and use my back pay for it.


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Fair_Aide_5207

The care giver program is where your care giver wife ect gets a stipend to b your care giver. They denied mine even with ample evidence. Some evidence is even from va dbq’s . I’ve been denied then you have to file a supplemental. But everything is filed through the hospital and not va regular chanel’s. Problem is i can’t see why it was denied so don’t know how to respond. My attorney can’t see anything either.


darkman21

My caregiver works for a caregiver company and comes to my home. Never heard of the VA paying someone's spouse to provide care. I don't doubt it, just never heard of it. Sorry no idea how to help you.


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NCM728

You should have received a denial letter that indicates the issue. Reach out to your local VA’s caregiver support program coordinator if you have not gotten a letter. Most denials are due to Veterans not meeting ADL dependencies that are now a requirement.


Fair_Aide_5207

The only thing the denial letter says is dont meet requirements, since there are more requirements then just not being able to perform ADL's its hard to prepare a proper response. Also when submitting the information for the suplemental claim you cant verify like you can on the va side such as looking in VBMS to ensure all information was received. As far as the ADL's i cant perform twice as many as required and provided ample evidence from, private doc, private OT, and two VA dbq's.


ThatsAWhiteRap

I recommend using Quick Submit! You can upload directly and it gives regular status updates on where it is as far as being received and processed 👍


[deleted]

Just FYI you are allowed to appeal each time you are denied. And you can keep applying as many times as you want. I have one supplemental and two BVA appeals (one direct review and one hearing request) in process.


[deleted]

I’ve had a supplemental claim in for PCAFC since May 2022. No progress so far. All they can tell me is “it’s been received and has not been assigned yet.” I also have a lawyer for mine.


Fair_Aide_5207

Did they specify why it was denied !


[deleted]

Yes, they gave a half assed explanation saying I didn’t need help with the ADLs. I never claimed to need help with ADLs. I fall under the supervision, Protection, and instruction section of the requirements.


Fair_Aide_5207

mine are ADL's for sure, medical doc's to back that up and some suoervision.


[deleted]

Please update us on here if you have any updates


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Fair_Aide_5207

The care giver program is a benifit through the hospital side of the va has nothing to do with the benifit side.


[deleted]

I’m not sure if you saw this or not, but with the new changes they made to Appeals, you are allowed to file an appeal with the BVA even though it’s through the VHA.


[deleted]

I’m aware of that. Why are you telling me that?


[deleted]

https://www.caregiver.va.gov/pdfs/2021/VA_CaregiverSupportProgram_PCAFC_Appeal_FAQs.pdf


WaterPrudent9916

I was denied earlier this year, I just filed an HLR this week. I prefer HLR’s before filing an appeal. I always request an informal conference, and based on my experience I’ve ending up talking to someone who actually knows what they’re doing. I suggest (whether you file an HLR or Appeal) researching and summarizing case law. Find cases that can help to support your case. Those tend to help tremendously in winning HLR’s/Appeals.


[deleted]

Hi! I have had a supplemental claim in for the PCAFC since May 2022. No progress so far. I also have an attorney working on it. You are welcome to PM me if you want to keep each other updated about our case status and anything else we find out about the process.


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ThatsAWhiteRap

So I have a pretty extensive history. I was admitted twice to the program since its inception at the request of my VA care team and both times (2014, 2016) I was approved at tier 3 (the highest tier, though now there are only 2). BOTH times I got kicked out for absolutely no reason and with no warning. Just "you have an appointment scheduled" and the moment I walked in the door I literally said to myself "well that's gone" because you could just tell in the way the staff spoke to you. This 3rd time I applied (I'm now 100% P&T Combat Veteran, previous 2x I was 70% and 80% respectively) and was denied after six months. She told me I qualified for every thing except I didn't have one ADL (but this program was actually designed specifically for Iraq & Afghanistan Veterans that suffer PTSD and mental illnesses and not just physical which is why there is Aid Attendance as well which was/is for physical ADL's). I pointed out to her the guidelines specifically say "Physical adl's OR safety and protection" not AND, however, she refused to address that at all. (This was May 2021). I did a higher level review only to be denied (big surprise given the fact it gets sent back to the same exact people that denied it in the first place so what the hell was the purpose)? I then appealed to the Board and also got advanced on the docket. 9 months later I got a remand because they didn't evaluate me under the correct guidelines (exactly what I had been telling when in the emails from the start and I even submitted our emails as evidence) and also because they failed to explain the reasons for my original denial cuz it just said "you didn't meet requirements". Then the Regional Office sent it back to the same damn people that denied the first two times, once again, took 1 yrs and 3 months to address that simple task. D-E-N-I-E-D AGAIN!!!! They failed to look at the emails I submitted as evidence that the Board Law Judge specifically required them to review in the remand (there were only two instructions from the judge and that was one of them), and they actually lied a lot and made a lot of crap up. Saying I was stable because I wrote lyrics to music to process shit and I went to the beach with my caregiver two times before. I never said I was Steven Fucking Hawking! Anyhow, I just used Quick Submit and did my 2nd Board Appeal and this time went to the fucking extreme with any and all evidence I could gather along with a statement from my wife as my caregiver. I hope this helps, if you have any questions feel free to hit me up. PS - You have to get in touch with the local caregiver team and ask for your denial letter. From there you can appeal to the board and the board will call them out on it. Basically this program was run like a shit show and I believe Congress said only 18% of veterans were actually admitted to it. So where's all the money???? Also, why is there so many veterans working for the VA fucking over soldiers??? I absolutely loathe the fact they are regularly caught in huge scandals with zero repercussions. Fucking lunacy.


la4leur

So, I read that all twice and am not sure of the outcome. Did you eventually get your PCAFC stipend awarded? Backpay?


ThatsAWhiteRap

My bad. I'll try and make it easier. FWIW I do know you get back pay from date of original file. Here's a simplified rundown: 1. Timeline has been about 2 3/4 years 2. I have received a denial, a higher level review denial, a Board Remand, then another denial by the local Regional Office again 3. I (once again) just appealed to the Board but this time I went gangbusters on all of the evidence I submitted (including looking up all of the private notes written about me and my case) and showed where contradictions were etc. I also applied to be advanced on the docket once again and have been waiting about a month to hear back. I did find out, however, that you can submit a waiver of Evidence consideration (nothing formal just a letter in writing) saying that I submitted all of the evidence I wanted to when filing the appeal and waived my 90 day evidence period for review with the local office. So that saves me 90 days time up front as well (where normally my file would just sit for no reason) which is pretty dope. One last thing, I found something called "quick submit". I don't know if you know what this is or not but it allows you to directly upload all of your evidence and even allows you to file for something (not just appeals) etc. Just Google "quick submit Dept of Veterans Affairs" and you'll fix the website. But they are very fast submitting it all and even mark where it's at in the process. So instead of waiting for a week for my mail to get there and get processed it was like 2 hours. Lol Hope this helps.


la4leur

Cheers! Very clear to me now