M21-1 and 38 CFR changes, week of Jun 4, 2018

Added

• 1114(r)—(1) Maximum compensation cases.
• (j) Special aid and attendance benefit for residuals of traumatic brain injury (38 U.S.C.
• The special monthly compensation provided by 38 U.S.C.
• 1114(t) is payable to a veteran who, as the result of service-connected disability, is in need of regular aid and attendance for the residuals of traumatic brain injury, is not eligible for compensation under 38 U.S.C.
• 1114(r)(2), and in the absence of such regular aid and attendance would require hospitalization, nursing home care, or other residential institutional care.
• Determination of this need is subject to the criteria of § 3.352.
• (1) A veteran described in this paragraph (j) shall be entitled to the amount equal to the compensation authorized under 38 U.S.C.

and 14 more added passages

Removed

• Link to an amendment published at 83 FR 20736, May 8, 2018.
• 1114(r) - (1) Maximum compensation cases.

and 1 more removed passages

Added

• (iii) The veteran needs a “higher level of care” (as defined in paragraph (b)(3) of this section) than is required to establish entitlement to the regular aid and attendance allowance, and in the absence of the provision of such higher level of care the veteran would require hospitalization, nursing home care, or other residential institutional care.
• (2) A veteran is entitled to the higher level aid and attendance allowance authorized by § 3.350(j) in lieu of the regular aid and attendance allowance when all of the following conditions are met:
• (i) As a result of service-connected residuals of traumatic brain injury, the veteran meets the requirements for entitlement to the regular aid and attendance allowance in paragraph (a) of this section.
• (ii) As a result of service-connected residuals of traumatic brain injury, the veteran needs a “higher level of care” (as defined in paragraph (b)(3) of this section) than is required to establish entitlement to the regular aid and attendance allowance, and in the absence of the provision of such higher level of care the veteran would require hospitalization, nursing home care, or other residenti…
• (3) Need for a higher level of care shall be considered to be need for personal health-care services provided on a daily basis in the veteran's home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional.
• (4) The term “under the regular supervision of a licensed health-care professional”, as used in paragraph (b)(3) of this section, means that an unlicensed person performing personal health-care services is following a regimen of personal health-care services prescribed by a health-care professional, and that the health-care professional consults with the unlicensed person providing the health-car…
• (5) A person performing personal health-care services who is a relative or other member of the veteran's household is not exempted from the requirement that he or she be a licensed health-care professional or be providing such care under the regular supervision of a licensed health-care professional.
• (6) The provisions of paragraph (b) of this section are to be strictly construed.

and 5 more added passages

Removed

• Link to an amendment published at 83 FR 20737, May 8, 2018.
• (iii) The veteran needs a “higher level of care” (as defined in paragraph (b)(2) of this section) than is required to establish entitlement to the regular aid and attendance allowance, and in the absence of the provision of such higher level of care the veteran would require hospitalization, nursing home care, or other residential institutional care.
• (2) Need for a higher level of care shall be considered to be need for personal health-care services provided on a daily basis in the veteran's home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional.
• (3) The term “under the regular supervision of a licensed health-care professional”, as used in paragraph (b)(2) of this section, means that an unlicensed person performing personal health-care services is following a regimen of personal health-care services prescribed by a health-care professional, and that the health-care professional consults with the unlicensed person providing the health-car…
• (4) A person performing personal health-care services who is a relative or other member of the veteran's household is not exempted from the requirement that he or she be a licensed health-care professional or be providing such care under the regular supervision of a licensed health-care professional.
• (5) The provisions of paragraph (b) of this section are to be strictly construed.
• (c) Attendance by relative.

and 3 more removed passages

Added

• 1114(r)(1) or (2) or 38 U.S.C.
• 1114(t) will be discontinued effective the last day of the month following the month in which the veteran is admitted for hospitalization.
• 68 FR 34542, June 10, 2003;
• 83 FR 20737, May 8, 2018]

and 3 more added passages

Removed

• Link to an amendment published at 83 FR 20737, May 8, 2018.
• 1114(r) (1) or (2) will be discontinued effective the last day of the month following the month in which the veteran is admitted for hospitalization.
• 68 FR 34542, June 10, 2003]

and 3 more removed passages