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    • Of course, its BS.  Dont make the mistake of retalaiting on her.  The best thing you can do is forgive her for whatever wrongs she has done to you.  Take the high road, and leave the low road's of revenge and hate for others.  
    • I agree with L.  Order a copy of your cfile, if you dont already have a current one now.   After you get your decision, you can decide if you want to submit new and material evidence under 3.156, or just file a NOD.  (Sometimes VA has the evidence, but does not read it and just denies it.).   If/when you file a NOD, you should try to Refute their "reasons and bases" for denial, based upon evidence which you suggest conflicts with the decision, in your file, or, that you submitted as N and M evidence.  
    • Been busy, apologize for the tardiness. Currently waiting for my C-file. Until then I am still getting all of my service illnesses taken care of by private board certified doctors by my company insurance I work for.  Some is out of my own pocket for instance the chiropractor and one time specialty physician. So as soon as I get the C-file, I will schedule my appointment with Dr. Steingart, and post my full review of what I know will be the favorable outcome for the IME.
    • Floridanurse, Not sure if you will get anything out of what I have to say, but maybe something will catch your eye. You mentioned teeth grinding in your post. Is it documented in your service medical/dental records?  Here's why I ask, I endured jaw pain to such a degree that it interfered with eating and sleeping. I had to massage my jaw muscles so I could chew my food, during the worst of it.  I went to the medical center a few times, they referred me to the dental clinic where they noted excessive wear on my teeth, but could find no physical causes. They deduced that the grinding and clenching was most likely due to work related stress. Fast forward 17 years and I learned I could claim it, did so, got denied. Filed appeal, got IMO/IME, with nexus letter stating at least as likely as not, citing SMR entries that noted the 4 year history of jaw pain. Denied.  Both times they reasoned that since it wasn't diagnosed as so in my SMR, they would not grant it. However they did grant that it is there and is valid, but is being recognized as a symptom of MH illnesses. Fortunately for me I do not have any SCD for MH. Or not so fortunate for me, but I do have a current DX of MDD recurrent with SI...from the VA, which puts me firmly in the 70% rating. If I had it service connected, that is. For me, though, it may not matter, but for you it may get you a secondary to PTSD claim.
    • Congratulations Thomas54  way to go buddy! Victor82  it depends on what they rated you for? If its TDIU P&T Then no you are not suppose to be doing any kind of work.





mags1023

Wwii Vet Needs Help

8 posts in this topic

I am now working on my Father-in-laws claim for pension and have zero experience at this part of the VA system. He is 87 years old and was in over 90 days during the war 1945-47 (actually in country at Germany). His only income is social security and his wife's social security. They have no property, house or much savings (about $15,000). He is treated by the VA, but has to pay the co-pay. He has been disabled for many years, because he has back/spine issues (fusions) and diabetes. He was forced to retire on social security at around 50. He is not receiving any VA compensation. I talked with him at length about his WWII service and that is where he originally injured his back, but he never went to the military doctors. You know how it goes, he just sucked it up and lived through the pain. So, I am sure I can't get him any compensation for his injuries, but I am hoping to get him qualified for a pension. His doctor has ordered a nurse to come in a couple of times a week. Would this qualify him for A&A. I am sure I can get his doctor to produce a letter for him explaining his conditions. Also, he has been receiving Plavix from the VA for a year and making his co-pay. His cardiologist wants him to stay on Plavix, but VA says they feel it is only effective for a 12 month period, so they will no longer provide him with it. He had to pay $164 for his prescription this month.

Any assistance you can offer is appreciated. I am reading as much as I can on this, so I don't ask any dumb or repeat questions. Thanks!

Edited by mags1023

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I don't know about how to help him with his VA issues (over my head)....but for his prescription...might try going to the maker of drug's website as some of them offer financial help or free meds for folks who cannot afford their meds. It's worth a try.

Best of luck...tell him thanks for his service.

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A VA "pension" is limited by income and could amount to no change at all in his financial situation.

If you mean compensation-has he formally filed a 21-526?

Do you have his SMRs?

There could be a nexus to something he is disabled by now-

Does he have Medicare?They offer Medicare ,which is deducted from SSA checks after 2 years of being on SSA disability.

What did SSA award disability payments for when he was 50 years old?

In 2001 the VA dropped a required P & T rating for pensions purposes in any vet over 65 years of age.

Still I believe he might not be qualified for a VA pension based on the income you told us about here.

VA will make the determination based on the 21-526 as this form is not only for comp but also for pension consideration.

I wonder if SSA might have some of his old medical records since their decision was made quite some time ago.

He needs a medical nexus to his service,with documentation to prove this and also he might need proof of chronicity.

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I am now working on my Father-in-laws claim for pension and have zero experience at this part of the VA system. He is 87 years old and was in over 90 days during the war 1945-47 (actually in country at Germany). His only income is social security and his wife's social security. They have no property, house or much savings (about $15,000). He is treated by the VA, but has to pay the co-pay. He has been disabled for many years, because he has back/spine issues (fusions) and diabetes. He was forced to retire on social security at around 50. He is not receiving any VA compensation. I talked with him at length about his WWII service and that is where he originally injured his back, but he never went to the military doctors. You know how it goes, he just sucked it up and lived through the pain. So, I am sure I can't get him any compensation for his injuries, but I am hoping to get him qualified for a pension. His doctor has ordered a nurse to come in a couple of times a week. Would this qualify him for A&A. I am sure I can get his doctor to produce a letter for him explaining his conditions. Also, he has been receiving Plavix from the VA for a year and making his co-pay. His cardiologist wants him to stay on Plavix, but VA says they feel it is only effective for a 12 month period, so they will no longer provide him with it. He had to pay $164 for his prescription this month.

Any assistance you can offer is appreciated. I am reading as much as I can on this, so I don't ask any dumb or repeat questions. Thanks!

Has he ever filed for SC disability for his in-service back injury? Is he sure he was never treated by a medic or go to sick call, back in WWII for the back injury? Was it noted in a daily company report? He (you) can send off for his military records and see if by chance any thing is noted. However a fire at the records center in St. Louie, back in the 1970's burned some WWII vets records. I would file a claim for SC, ASAP with a "Statement in support of Claim" by your father-law, and then start searching back in the archives. At his age the award letter could come posthumously. Best wishes to you and your family.

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Thanks Purple, Berta and Commander Bob:

I am positive he never filed for comp with VA. He is stubborn and proud, but now that the VA is refusing to cover his Plavix, I think I have him convinced to file for the pension. I believe he would qualify for A&A which, if I am reading everythin right, would put his income max at $23,396 under the improved disability pension rates table on the VA web site. I think once we deduct all of his and her qualified medical expenses, their income would be significantly below the $23,396.

Berta, yes he and she use their medicare and I believe that is deducted from their SSA. Not sure if they have his SSA award info any longer, but that is a good idea ( I believe it was his back that he got SSDI for). I think it is a real long shot to get any info on his injury during his WWII service. The chronicity would not be a problem as he has hade several surgeries over the years. It just irks me that he didn't do anything about it and just lived through the pain. He could have been receiving VA comp all of these years! I am sure they didn't encourage them to take advantage of the VA back then either, but like we all here on hadit now, you have to take care of yourself.

Like I said, he is one of those proud old guys who didn't want a hand out and would handle things on his own and felt that the VA would honor their end of the deal. Well now he is realizing who and what he is dealing with. That $160 bucks a month for just one prescription hurts! And as you can imagine, he is on all types of drugs. I think he is up to 17 pills a day and that doesn't include his insulin. I believe his co-pay is around $140 a month to VA.

Thanks again for your help. He really appreciates it. I will look into the many suggestions here and will eventually get him something for what he did for our country.

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I am now working on my Father-in-laws claim for pension and have zero experience at this part of the VA system. He is 87 years old and was in over 90 days during the war 1945-47 (actually in country at Germany). His only income is social security and his wife's social security. They have no property, house or much savings (about $15,000). He is treated by the VA, but has to pay the co-pay. He has been disabled for many years, because he has back/spine issues (fusions) and diabetes. He was forced to retire on social security at around 50. He is not receiving any VA compensation. I talked with him at length about his WWII service and that is where he originally injured his back, but he never went to the military doctors. You know how it goes, he just sucked it up and lived through the pain. So, I am sure I can't get him any compensation for his injuries, but I am hoping to get him qualified for a pension. His doctor has ordered a nurse to come in a couple of times a week. Would this qualify him for A&A. I am sure I can get his doctor to produce a letter for him explaining his conditions. Also, he has been receiving Plavix from the VA for a year and making his co-pay. His cardiologist wants him to stay on Plavix, but VA says they feel it is only effective for a 12 month period, so they will no longer provide him with it. He had to pay $164 for his prescription this month.

Any assistance you can offer is appreciated. I am reading as much as I can on this, so I don't ask any dumb or repeat questions. Thanks!

Have your father's cardiologist address this to the doctor at the VA. (Doctor to doctor) Plavix can be prescribed as life time therapy. Appeal the decision not to provide the medication as it is causing a hardship. Also ask his cardiologist for samples while the procoss is taking place.

Your father meets all the criteria for pension at the time with the exception of income (to be determined). You did not state how much his and your mother's social security amount to. There are income adjustment made for medical expenses. He will have to receive a rating for A&A.

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