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§3.3 Pension. (a) Pension for veterans. (1) Service pension; Spanish-American War. A benefit payable monthly by the Department of Veterans Affairs because of service in the Spanish-American War. Basic entitlement exists if a veteran: (i) Had 70 (or 90) days or more active service during the Spanish-American War; or (ii) Was discharged or released from such service for a disability adjudged service connected without benefit of presumptive provisions of law, or at the time of discharge had such a service-connected disability, shown by official service records, which in medical judgment would have justified a discharge for disability. (Authority: 38 U.S.C. 1512) (2) Section 306 pension. A benefit payable monthly by the Department of Veterans Affairs because of nonservice-connected disability or age. Basic entitlement exists if a veteran: (i) Served 90 days or more in either the Mexican border period, World War I, World War II, the Korean conflict, or the Vietnam era, or served an aggregate of 90 days or more in separate periods of service during the same or during different war periods, including service during the Spanish-American War (Pub. L. 87-101, 75 Stat. 218; Pub. L. 90-77, 81 Stat. 178; Pub. L. 92-198, 85 Stat. 663); or (ii) Served continuously for a period of 90 consecutive days or more and such period ended during the Mexican border period or World War I, or began or ended during World War II, the Korean conflict or the Vietnam era (Pub. L. 87-101, 75 Stat. 218; Pub. L. 88-664, 78 Stat. 1094; Pub. L. 90-77, 81 Stat. 178; Pub. L. 91-588, 84 Stat. 1580; Pub. L. 92-198, 85 Stat. 663; Pub. L. 94-169, 89 Stat. 1013; Pub. L. 95-204, 91 Stat. 1455); or (iii) Was discharged or released from such wartime service, before having served 90 days, for a disability adjudged service connected without the benefit of presumptive provisions of law, or at the time of discharge had such a service-connected disability, shown by official service records, which in medical judgment would have justified a discharge for disability; and (iv) Is permanently and totally disabled (a) from nonservice-connected disability not due to the veteran’s own willful misconduct or vicious habits, or ( by reason of having attained the age of 65 years or by reason of having become unemployable after age 65; and (v) (a) Is in receipt of section 306 pension; or (:P Has an application for pension pending on December 31, 1978, or © meets the age or disability requirements for such pension on December 31, 1978, and files a claim within 1 year of that date and also within 1 year after meeting the age or disability requirements. (vi) Meets the income and net worth requirements of 38 U.S.C. 1521 and 1522 as in effect on December 31, 1978, and all other provisions of title 38, United States Code, in effect on December 31, 1978, applicable to section 306 pension. Note: The pension provisions of Title 38 United States Code, as in effect on December 31, 1978, are available in any VA regional office. (3) Improved pension; Pub. L. 95-588 (92 Stat. 2497). A benefit payable by the Department of Veterans Affairs to veterans of a period or periods of war because of nonservice-connected disability or age. The qualifying periods of war for this benefit are the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era and the Persian Gulf War. Payments are made monthly unless the amount of the annual benefit is less than 4 percent of the maximum annual rate payable to a veteran under 38 U.S.C. 1521(:(, in which case payments may be made less frequently than monthly. Basic entitlement exists if a veteran: (i) Served in the active military naval or air service for 90 days or more during a period of war (38 U.S.C. 1521(j)); or (ii) Served in the active military, naval or air service during a period of war and was discharged or released from such service for a disability adjudged service-connected without presumptive provisions of law, or at time of discharge had such a service-connected disability, shown by official service records, which in medical judgment would have justified a discharge for disability (38 U.S.C. 1521(j)); or (iii) Served in the active military naval or air service for a period of 90 consecutive days or more and such period began or ended during a period of war (38 U.S.C. 1521(j)); or (iv) Served in the active military, naval or air service for an aggregate of 90 days or more in two or more separate periods of service during more than one period of war (38 U.S.C. 1521(j)); and (v) Meets the net worth requirements under §3.274 and does not have an annual income in excess of the applicable maximum annual pension rate specified in §3.23; and (vi) (A) Is age 65 or older; or (;) Is permanently and totally disabled from nonservice-connected disability not due to the veteran’s own willful misconduct. For purposes of this paragraph, a veteran is considered permanently and totally disabled if the veteran is any of the following: (1) A patient in a nursing home for long-term care because of disability; or (2) Disabled, as determined by the Commissioner of Social Security for purposes of any benefits administered by the Commissioner; or (3) Unemployable as a result of disability reasonably certain to continue throughout the life of the person; or (4) Suffering from: (i) Any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the person; or (ii) Any disease or disorder determined by VA to be of such a nature or extent as to justify a determination that persons suffering from that disease or disorder are permanently and totally disabled. (Authority: 38 U.S.C. 1502(a), 1513, 1521, 1522) (:o Pension for survivors. (1) Indian war death pension. A monthly benefit payable by the Department of Veterans Affairs to the surviving spouse or child of a deceased veteran of an Indian war. Basic entitlement exists if a veteran had qualifying service as specified in 38 U.S.C. 1511. Indian war death pension rates are set forth in 38 U.S.C. 1534 and 1535. (2) Spanish-American War death pension. A monthly benefit payable by the Department of Veterans Affairs to the surviving spouse or child of a deceased veteran of the Spanish-American War, if the veteran: (i) Had 90 days or more active service during the Spanish-American War; or (ii) Was discharged or released from such service for a disability service-connected without benefit of presumptive provisions of law, or at time of discharge had such a service-connected disability, as shown by official service records, which in medical judgment would have justified a discharge for disability. (Authority: 38 U.S.C. 1536, 1537) (3) Section 306 death pension. A monthly benefit payable by the Department of Veterans Affairs to a surviving spouse or child because of a veteran’s nonservice-connected death. Basic entitlement exists if: (i) The veteran (as defined in §3.1(d) and (d)(2)) had qualifying service as specified in paragraph (a)(2)(i), (ii), or (iii) of this section; or (ii) The veteran was, at time of death, receiving or entitled to receive compensation or retired pay for service-connected disability based on wartime service; and (iii) The surviving spouse or child (A) was in receipt of section 306 pension on December 31, 1978, or (B) had a claim for pension pending on that date, or © filed a claim for pension after that date but within 1 year after the veteran’s death, if the veteran died before January 1, 1979; and (iv) The surviving spouse or child meets the income and net worth requirements of 38 U.S.C. 1541, 1542 or 1543 as in effect on December 31, 1978, and all other provisions of title 38, United States Code in effect on December 31, 1978, applicable to section 306 pension. Note: The pension provisions of title 38, United States Code, as in effect on December 31, 1978, are available in any VA regional office.) (4) Improved death pension, Public Law 95-588. A benefit payable by the Department of Veterans Affairs to a veteran’s surviving spouse or child because of the veteran’s nonservice-connected death. Payments are made monthly unless the amount of the annual benefit is less than 4 percent of the maximum annual rate payable to a veteran under 38 U.S.C. 1521(B), in which case payments may be made less frequently than monthly. Basic entitlement exists if: (i) The veteran (as defined in §3.1(d) and (d)(2)) had qualifying service as specified in paragraph (a)(3)(i), (ii), (iii), or (iv) of this section (38 U.S.C. 1541(a)); or (ii) The veteran was, at time of death, receiving or entitled to receive compensation or retired pay for a service-connected disability based on service during a period of war. (The qualifying periods of war are specified in paragraph (a)(3) of this section.) (38 U.S.C. 1541(a)); and (iii) The surviving spouse or child meets the net worth requirements of §3.274 and has an annual income not in excess of the applicable maximum annual pension rate specified in §§3.23 and 3.24. (Authority: 38 U.S.C. 1541 and 542). [44 FR 45931, Aug. 6, 1979, as amended at 56 FR 25044, June 3, 1991; 56 FR 19579, Apr. 29, 1991; 56 FR 22910, May 17, 1991; 56 FR 57985, Nov. 15, 1991; 68 FR 34541, June 10, 2003] Cross references: Section 306 pension. See §3.1(u). Improved pension. See §3.1(w). Improved pension rates. See §3.23. Improved pension rates; surviving children. See §3.24. Frequency of payment of improved pension. See §3.30. Relationship of net worth to pension entitlement. See §3.274.

You will continue to hit road blocks till you get a diagnosis, or until you have all known testing conducted to rule out all known causes of your symptomatology....which would make it an undiagnosed illness. Read the regulation below for clarification. §3.317 Compensation for certain disabilities due to undiagnosed illnesses. (a) (1) Except as provided in paragraph © of this section, VA will pay compensation in accordance with chapter 11 of title 38, United States Code, to a Persian Gulf veteran who exhibits objective indications of a qualifying chronic disability, provided that such disability: (i) Became manifest either during active military, naval, or air service in the Southwest Asia theater of operations during the Persian Gulf War, or to a degree of 10 percent or more not later than December 31, 2011; and (ii) By history, physical examination, and laboratory tests cannot be attributed to any known clinical diagnosis. (2) (i) For purposes of this section, a qualifying chronic disability means a chronic disability resulting from any of the following (or any combination of the following): (A) An undiagnosed illness; ( The following medically unexplained chronic multisymptom illnesses that are defined by a cluster of signs or symptoms: (1) Chronic fatigue syndrome; (2) Fibromyalgia; (3) Irritable bowel syndrome; or (4) Any other illness that the Secretary determines meets the criteria in paragraph (a)(2)(ii) of this section for a medically unexplained chronic multisymptom illness; or © Any diagnosed illness that the Secretary determines in regulations prescribed under 38 U.S.C. 1117(d) warrants a presumption of service-connection. (ii) For purposes of this section, the term medically unexplained chronic multisymptom illness means a diagnosed illness without conclusive pathophysiology or etiology, that is characterized by overlapping symptoms and signs and has features such as fatigue, pain, disability out of proportion to physical findings, and inconsistent demonstration of laboratory abnormalities. Chronic multisymptom illnesses of partially understood etiology and pathophysiology will not be considered medically unexplained. (3) For purposes of this section, “objective indications of chronic disability” include both “signs,” in the medical sense of objective evidence perceptible to an examining physician, and other, non-medical indicators that are capable of independent verification. (4) For purposes of this section, disabilities that have existed for 6 months or more and disabilities that exhibit intermittent episodes of improvement and worsening over a 6-month period will be considered chronic. The 6-month period of chronicity will be measured from the earliest date on which the pertinent evidence establishes that the signs or symptoms of the disability first became manifest. (5) A chronic disability resulting from an undiagnosed illness referred to in this section shall be rated using evaluation criteria from part 4 of this chapter for a disease or injury in which the functions affected, anatomical localization, or symptomatology are similar. (6) A disability referred to in this section shall be considered service connected for purposes of all laws of the United States. (:P For the purposes of paragraph (a)(1) of this section, signs or symptoms which may be manifestations of undiagnosed illness or medically unexplained chronic multisymptom illness include, but are not limited to: (1) Fatigue (2) Signs or symptoms involving skin (3) Headache (4) Muscle pain (5) Joint pain (6) Neurologic signs and symptoms (7) Neuropsychological signs or symptoms (8) Signs or symptoms involving the respiratory system (upper or lower) (9) Sleep disturbances (10) Gastrointestinal signs or symptoms (11) Cardiovascular signs or symptoms (12) Abnormal weight loss (13) Menstrual disorders. © Compensation shall not be paid under this section: (1) If there is affirmative evidence that an undiagnosed illness was not incurred during active military, naval, or air service in the Southwest Asia theater of operations during the Persian Gulf War; or (2) If there is affirmative evidence that an undiagnosed illness was caused by a supervening condition or event that occurred between the veteran’s most recent departure from active duty in the Southwest Asia theater of operations during the Persian Gulf War and the onset of the illness; or (3) If there is affirmative evidence that the illness is the result of the veteran’s own willful misconduct or the abuse of alcohol or drugs. (d) For purposes of this section: (1) The term Persian Gulf veteran means a veteran who served on active military, naval, or air service in the Southwest Asia theater of operations during the Persian Gulf War. (2) The Southwest Asia theater of operations includes Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and the airspace above these locations. (Authority: 38 U.S.C. 1117)

It is not rare for the VA to send a veteran for an education higher than a doctorate. I see these request granted often. The only kicker is that the vetean must display he needed the additional education to overcome the restrictions imposed by his disability. Robert, You don't really need to go through VocRehab to "try" and work again; especially if you already have a Bachelor's Degree. You can certainly apply for VocRehab, but the chances are since you already have a BA or BS, they will deny the claim. It very rarely happens that the VocRehab people approve post graduate programs such as a Master's or Doctorate. I'm not saying that it hasn't happened before, but it's just really, really rare. On a side note, by your post I assume you're receiving IU or 100% due to a mental disability, correct? If you're IU and start working after the 20 years has past, the VA couldn't reduce the IU award regardless if you had VocRehab or not. There are veterans that receive IU and somehow get to the 20 year mark and then are miraciously able to start working again shortly afterwards. This does make one wonder sometimes. I'm not saying this is the case with you by any means. Just something to think about as far as what IU is for and what it means. Vike 17

It is not about the meaning of IU, it is about the 20 year protection. Also, if we make IU income based, all benefits will become income based. Why would we want to mess with that?

I am too!

File a lawsuit with the district court

I think this will help REASONS OR BASES INADEQUATE § In view of the mandate of [38 U.S.C.] § 4004(d)(1) that the BVA articulate with reasonable clarity its ‘reasons or bases’ for decisions, and in order to facilitate effective judicial review . . . . These decisions must contain clear analysis and succinct but complete explanations. A bare conclusory statement, without both supporting analysis and explanation, is neither helpful to the veteran, nor ‘clear enough to permit effective judicial review’, nor in compliance with the statutory requirements. Gilbert v. Derwinski, 1 Vet.App. 49, 57 (1990); see also Browder v. Derwinski, 1 Vet.App. 204, 208 (1991) (“Integrated with the ‘reasons or bases’ requirements of [38 C.F.R.] § 4004(d)(1) is the requirement that the BVA decision include a ‘written statement of the Board’s findings and conclusions . . . on all material issues of fact and law presented on the record. . . .’” citing Sammarco v. Derwinski, 1 Vet.App. 111, 112 (1991)); Cf. Bone v. Brown, 9 Vet.App. 446, 450 (1996).

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You probably won your case by your self because it was an obvious decision, not because of your knowledge of the law!

I was simplyadding to what good facts you gave that person. I fully understood what you said. You must not understand what i am saying.....that is sad

Had I know a PM would have offended you I would have never done it Berta. Now I know!

I work in the VA trenches everyday and know the inner workings of the VA. I am like your spy in the VA. I respect your knowledge of the regulations, but I know how difficult it is to become fluent in all aspect of this law......I still don't know everything; I will never know everything...neither will you. The best SO's who do this job for 30 years do not know everything, and still learn everyday. And they still know they do not know everything. I just ask we keep in mind all cases are not the same, and all vet's do not have the same knowledge as we do. Giving them all of the exceptions to the rule is confusing and misleading. If you deny all of these things, then you may not know as much as you think. I am not a VA employee. I work for a service organization. I talk to veterans everyday. I see SO's who are harmful to veterans. I see the director of the VARO as the most harmful to veterans. They encourage higher output at the expense of quality. This pressure VA employees, and forces them to take shortcuts to make thier daily quota; again at the expense of the veteran. Never have I claimed perfection, but it seems you do not like the thought you may be imperfect. It is fanatics like you who contribute to the overall VA problem to include Service Organizations and the Government. It is people like you who are unable to be objective and see the real issue here, or anywhere else on this site.

Yhe only clarification needed is that va will not trasnport deceased for a non service connected cause of death even while on IU. Death must be service connected for increased burial payment and transportation payment. If on IU (and meet 10 year rule), and death is non service connected, DIC will be paid, but transportation will not and increased burial will not. I never said DIC will not be paid.

you can download the following for free: Diving Program Manuals: @http://www.supsalv.org/00c3_publications.a...00c3&pageId=3.9

oh, i did give you the right information!