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Special Monthly Pension

Veterans Benefits Administration. Compensation and Pension Service. Special Monthly Pension. Lesson Objectives. Accurately identify the two types of special monthly pension Determine requirements to establish aid and attendance or housebound benefits

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Special Monthly Pension

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  1. Veterans Benefits Administration Compensation and Pension Service Special Monthly Pension

  2. Lesson Objectives • Accurately identify the two types of special monthly pension • Determine requirements to establish aid and attendance or housebound benefits • Identify criteria to grant aid and attendance administratively

  3. References • 38 CFR 3.1(z) • 38 CFR 3.351 • M21-1MR, V.iii.2.A.1.b • M21-1MR, V.iii.2.A.2.b • M21-1MR, V.iii.2.B

  4. Two Types of Special Monthly Pension Aid and Attendance Qualifications: • Require the aid of another person to perform activities of daily living • Be blind or meet other specific visual acuity requirements • Be a patient in a nursing home

  5. Two Types of Special Monthly Pension Housebound Qualifications: • Single permanent disability rated 100% and separate disabilities rated at 60% or more(Veterans only) • Permanently housebound due to disabilities • Hartness v Nicholson (2006)

  6. Establishing Housebound Status Housebound benefits only granted by rating: • Medical evidence must be submitted showing condition(s) is/are severe enough to render housebound • Medical evidence dated within the last year or lists treatment at a VAMC-refer case to RVSR

  7. Establishing Aid and Attendance Aid and attendance benefits may be granted by: Rating OR Administratively

  8. Establishing Aid and Attendance by Rating To grant by rating: • Medical evidence must be submitted showing claimant requires assistance with activities of daily living • Medical evidence dated within the last year or lists treatment at a VAMC-refer case to RVSR

  9. Establishing Aid and Attendance Administratively • Must be in a nursing facility • VA receives notification for SMP: • From claimant • Other outside source

  10. Establishing Aid and Attendance Administratively Types of nursing facilities : • Extended care facility licensed by a State • Nursing home care unit in a State veterans' home • VA Nursing Home Care Unit or contract nursing home

  11. Establishing Aid and Attendance Administratively Need to know: • Is facility licensed by state? • Patient vs. resident? • Level of care? • Medicaid status? *Remember: Annotate award if granted

  12. Review Exercise

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