Ask Your VA Claims Questions | Read Current Posts
Read Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
WeAre#1
-
Posts
39 -
Joined
-
Last visited
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by WeAre#1
-
-
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'm trying to find the ranking of service officers in Michigan but the feature doen't work.Anyone else have this problem.
den
I am too!
-
Berta and everyone else,
How do ya go about suing the one DAV jerk who is the most responsible for killing SC claim efforts?
My current lawyer does not go into that kind of law.
sledge
File a lawsuit with the district court
-
I just posted the letter as soon as I received it, I personally do not understand why the VA insists on paying for this IOM study when they already have the DSM-IV that is accepted nationwide as the bible for mental health, they have the National Center on PTSD who employs many VA doctors, the VDBC is also reviewing compensation etc these comments on PTSD now being "curable" a "phenomenom" etc by the VA secretary are all giving the impression that PTSD is under attack, as it is the most expensive disease the VA is treating and compensating. Myself I have not missed a mental health appt in 3 years, I refill all my scripts, I am glad my appts have gone from monthly to every 3 months, my gaf stays at 35 or 30 and the VARO insists I am only 50% I have it on appeal. I have not worked since June 2002.
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).
-
State ">
The Database Results component on this page is unable to display database content. The page must have a filename ending in '.asp', and the web must be hosted on a server that supports Active Server Pages.
State: City: Service Organization:
Service Officer: Rank:
Comments:
--------------------------------------------------------------------------------
-
The way I see it the person responding to my post to Berta is a shill for the VA. You double speak just like of those VARO admin people and the SO's from the service organizations who are in cahoots with the VA and are getting fat off the misery of veterans. I'm the genuine article sweetheart. I paid my dues a long time ago. I have never been anything but 100% T&P and I did the claim myself. Three things I know about and three things I respond to on this site are PTSD, Rules regarding 100% T&P and whether my wife or anyone else's is gonna get taken care of when we die.
PLEASE DON'T RESPOND - YOU ARE PART OF THE PROBLEM IN THE VA NOT THE SOLUTION AND I PERSONALLY BELIEVE YOU CAME ON HERE TO CAUSE CONFUSION AND DESCENT.
You probably won your case by your self because it was an obvious decision, not because of your knowledge of the law!
-
Yes you gave me the right information for what "YOU" were addressing but not the right information what I am responding to.
And I never mentioned anything about burial benefits! Only about DIC (benefits) for the survivor if the veteran died of something other than SC condition but was more than 10 years with a 100% "TOTAL" rating.
Look you made a post concerning IU. Within that thread Poster #18 Red asked:
"If you are 100%, this has no effect on you, right. How many years do you have to be P&T before it can not be taken away and how many years to you have to be P&T so you wifes continues to receive your benefits if you die. Also, does the time you were I/U count toward this time? Thanks"
I addressed the first two points (above) in my original post (Post # 11). I DID NOT ADDRESS HIS QUESTION REGARDING IU.
You are confusing my response as a response to the IU issue. I only addressed poster #18's question. My response had nothing to do with DIC and IU. It had every thing to do with DIC rules for a 100% Total disability rating (which the poster asked about).
Also I think you are confusing "the 10 year rule" regarding compensation with "10 year rated 100% and total" for DIC payments for the survivor. 38 USC Section 1318, a and b
I hope this clarifies the matter for you - I AM NOT TALKING ABOUT A TOTAL RATING BASED ON IU, I AM TALKING ABOUT A TOTAL RATING FOR A 100% SC'ed VETERAN. (NOT 50%, 60%, 70%, 80% OR EVEN 90% IU OR TDIU)
REMEMBER I AM TALKING ABOUT 100% T&P not someone being paid at the 100% rate because of TDIU or IU. I WAS WRONG BECAUSE I DID NOT ATTACH 100% TO MY STATEMENTS. It would be so much easier for you to point that out than insist I was making a statement regarding a totally different matter. That is the exact reason vets have to spend years getting their claims settled with the VA (one talks oranges, the other apples).
NOW, since you are so aware of IU could you please answer the third part of Red's question so he can get a complete answer to his post:
:.....Also, does the time you were I/U count toward this time? Thanks"
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!
-
This individual has also rubbed me the wrong way. But if we let them continue we can show just how VA's miscommunication causes so much delay in the claims process. I'd almost swear this is one of Timmy's (PTSDKids) made up characters. If it is wow, Timmy, you're getting really good.
The person is only listening to their on thoughts, not interpreting the written words of others. Very poor written communication skills.
As far as I have ever noticed you do a good job. Your experience both personal and with others regarding the VA systems is vast. You know the law and have used it.
Maybe the person will dump the "I'm a Vet Advocate and know it all role" and become an ally.
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.
-
dont remember what post this under yesterday-
DIC is payable
as direct service connected death,
also " as if service connected" under 38 USC 1318-the ten year rule-with some ancillary benefits-
also under 38 USC 1312- (direct SC death)
(see 38 USC 1318 a and b to include POW rule)
and also "as if" service connected under Sec 1151 -what I get-with limited ancillary benefits.
A surviving widow or widower should request service connected death under any potential
avenue of this award-
SC conditions do not have to directly cause death but if they contribute to it (by medical evidence) the direct SC death should be awarded.
"Survivors are eligible even if the veteran's total rating was not based on a schedular evaluation of the service connected disabilty but on individual unemployability."
NVLSP VBM 2005 Ed Page 542
They give example as say the vet was rated for SC IU for ten years prior to death- she had a total SC psychiatric condition,precluding employement. The death makes that disability permanent as it has lasted the veteran's lifetime. The surviving husband of this veteran could be successful in a DIC claim.
I would think that this surviving spouse should request either direct SC death -(as the veteran's SC COULD have in some way contributed to her death based on medical evidence or an IMO)or DIC under the Sec 1318 award.
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.
-
Old 5311- you might have to support the nexus strongly by telling them (with any internet print outs you can find) as to how diving can affect an individual-
and definitely make sure they comprehend your MOS
I say spell it out like they are ten years old-
Have any of your medical reports associated the condition with your diving in the mil?
Did you ever have decompression illness or the bends- this is a good article from Merck on some residuals of diving problems:
http://www.merck.com/mmhe/sec24/ch295/ch295c.html
The Unites States Navy Divers Manual- they have it reduced at amazon for about 17 bucks (from over $100)
http://www.amazon.com/gp/product/157980465...glance&n=283155
It could provide a very good reference as to how this condition can occur.
Also this site:
might be something here to help you-
http://www.diversalertnetwork.org/medical/...sp?articleid=43
you can download the following for free:
Diving Program Manuals: @http://www.supsalv.org/00c3_publications.a...00c3&pageId=3.9
-
Did i not say "The 10 year rule does not grant SC for death....but it gives all same benefits with the exception of monies paid for burial"
oh, i did give you the right information!
-
Red was talking about being total and permanent not IU. I responded correctly. It even says what I am quoting in the VA site you sent me too:
"DIC is a monthly benefit paid to eligible survivors of a . . . . .
• Veteran whose death resulted from a non service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling
for at least 10 years immediately before death"
Don't play silly xxxxxxx games with me xxxxxxx . . . . . If you think I'm wrong spell it out with the so-called correct information. Don't send people on a wild goose chase. I answered the man's question correctly. I mislead no one. You don't like it hit the ignore button you xxxxxxx clown. You need to improve your reading comprehension. I only addressed Total and Permanent - not one word regarding IU.
What you don't see is that VA pays one set of burial benefits for death which is service connected and death which is not. The issue is you are using the wrong terminology when you say the 10 year rule gives you service connection for cause of death. 38 USC 1318 gives all ancillary benefits except service connected death burial benefits. If you are on IU, meet the 10 year rule, and die from SC condition, VA would pay for transportation of deceased. If you are on IU, meet the 10 year rule, and death is not due to service connected conditions, VA will not pay for transportation. Quit embarassing yourself.
-
Red was talking about being total and permanent not IU. I responded correctly. It even says what I am quoting in the VA site you sent me too:
"DIC is a monthly benefit paid to eligible survivors of a . . . . .
• Veteran whose death resulted from a non service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling
for at least 10 years immediately before death"
Don't play silly xxxxxxx games with me xxxxxxx . . . . . If you think I'm wrong spell it out with the so-called correct information. Don't send people on a wild goose chase. I answered the man's question correctly. I mislead no one. You don't like it hit the ignore button you xxxxxxx clown. You need to improve your reading comprehension. I only addressed Total and Permanent - not one word regarding IU.
Did i not say "The 10 year rule does not grant SC for death....but it gives all same benefits with the exception of monies paid for burial"
-
Hey buddy, when did I ever say IU could not get DIC? I did not. I guess i should have broken it down more specifically for you and said burial benefits. I took for granted you know more than you do. I won't make the same mistake twice!
-
No, but you should make sure VA has your correct address so if they do send it you will get it.
http://www.vba.va.gov/pubs/forms/21-4140-1.PDF Here you go!
-
Read the law "continuously rated total for ten or more years . . . . . ."
Uh Um. You see you are so wrong.
You can read this under 38 C.F.R. § 3.1600 (a) and (:D. PLease do not hurt our friends by giving misleading information. It could be detrimental. read the VA website below to see as well.
http://www.vba.va.gov/bln/21/Rates/burial.htm
If you are IU, you must die of CS condition to get SC death benefits! If death is non-SC, you get non-sc death benefits
-
If you have a claim pending with the VA, they have your service medical records. When you open your first claim the CA contacts NARA and establishes the claims foldedr with the SMR's. You need to make a request to the VA. This hold true unless VA retire the file back to NARA.
-
I'm IU and P&T, have been for 6 years and have never seen that Form! Should I send one in to CMA?!
No, but you should make sure VA has your correct address so if they do send it you will get it.
-
Red
The poster is talking about Individual Unemployability not Total and Permanent - YOU'RE OK
After 10 years the VA cannot take away your rating - but can reduce it (except if fraud is proven)
After 20 years the VA cannot reduce your rating (except if fraud is proven)
If you were 100% Total and Permanent for a period of ten years preceeding your death and were married to your wife during that whole period - she is eligible for DIC because no matter what you die of the VA must consider your death service connected. Here is an attached copy of that law:
The 10 year rule does not grant SC for death....but it gives all same benefits with the exception of monies paid for burial.
-
All the files were ok. They have a office in Greta for now...
-
20 years for protection
The following medically unexplained chronic multisymptom illnesses that are defined by a cluster of signs or symptoms:
005. What Is A Pension?
in VA Disability Claims Research
Posted
§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.