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Need Va Pension Info.


carlie

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I am trying to help two veterans that are both very poor.

The only way either of them make any money is mowing yards, raking leaves, any kind of odd jobs they can find to do by word of mouth.

My question is how to try & get them each non SC pension.

They both have had years of unexplained infections and stomach problems.

Vet # 1 - Has zero reportable income and has nothing, only source of housing

is lady friend.

61 year old male, DD 214 :Honorable Discharge. Korean 63 - 64 DMZ vet .

Date of Entry : 18 Aug. 61

Termination Date of Reserve Obligation : 17 Aug 67

Under Decorations and Medals on DD 214 is :

Sharpshooter ( RIFLE M -1 ) Good Conduct Medal

Under Foreign and/or Sea Service :

USARPAC : 1 year 0 months, 6 days.

**************************************************************

Vet # 2 - Has zero reportable income and lives from hand to mouth.

57 year old RVN vet, 2 tours: From DD214 : Honorable Discharge.

Date of Entry: 22 Mar 68.

Termination Date of Reserve Unit & Obligation : 21 Mar 74

VN Service

6 Aug 68 - 4 Aug 69 --and 19 May 70 - 14 Mar 71.

Under Decorations and Medals on DD214 is :

NDSM SPS M-14, SPS M-16, VCM, VSM, 2 0/S Bars.

Under Foreign or Sea Service : USARPAC -- 1 year 9 months 25 days.

On this vet I also have a VARO from Puerto Rico, SC letter at zero percent for compensation.

The VARO letter is dated Aug.17,1973 and states, your disabilities listed below are SC, but they are less than 10 % disabling and compensation is not payable.

1 ) Left foot toe condition. ( corns )

3 ) Nervous condition -- not shown by evidence of record.

Drug addiction -- disability due to willful misconduct.

Vet #2 got strung out on alcohol & heroin in RVN. About 3 months after discharge he did some prison time for heroin. This is many years ago.

Currently, he has not consumed alcohol in years nor heroin.

He does admit to smoking weed and states it helps his nerves.

He tells me that over the years he has been told by VA that he has PTSD

and we have sent for his medical records.

I am in hopes of getting said PTSD SC'd at a compensable rate.

He states one of his friends gets a non SC VA Pension, and he would like to try and get a VA non SC Pension because he has been told this can happen quickly, and in the mean time we could work on getting his PTSD at a compensable rate.

I also am seeking information in regards to :

I think the drug addiction, filed prior to 1990 could possibly be SC'd.

**************************************************************

Any guidance, help and info is appreciated.

carlie

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If they can show Disability and/or with unimployability then read on: Jim S.

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 3_ADJUDICATION--Table of Contents

Subpart A_Pension, Compensation, and Dependency and Indemnity

Compensation

Sec. 3.342 Permanent and total disability ratings for pension purposes.

(a) General. Permanent total disability ratings for pension purposes

are authorized for disabling conditions not the result of the veteran's

own willful misconduct whether or not they are service connected.

(Authority: 38 U.S.C. 1502(a))

(B) Criteria. In addition to the criteria for determining total

disability and permanency of total disability contained in Sec. 3.340,

the following special considerations apply in pension cases:

(1) Permanent total disability pension ratings will be authorized

for congenital, developmental, hereditary or familial conditions,

provided the other requirements for entitlement are met.

(2) The permanence of total disability will be established as of the

earliest date consistent with the evidence in the case. Active pulmonary

tuberculosis not otherwise established as permanently and totally

disabling will be presumed so after 6 months' hospitalization without

improvement. The same principle may be applied with other types of

disabilities requiring hospitalization for indefinite periods. The need

for hospitalization for periods shorter or longer than 6 months may be a

proper basis for determining permanence. Where, in application of this

principle, it is necessary to employ a waiting period to determine

permanence of totality of disability and a report received at the end of

such period shows the veteran's condition is unimproved, permanence may

be established as of the date of entrance into the hospital. Similarly,

when active pulmonary tuberculosis is improved after 6 months'

hospitalization but still diagnosed as active after 12 months'

hospitalization permanence will also be established as of the date of

entrance into the hospital. In other cases the rating will be effective

the date the evidence establishes permanence.

(3) Special consideration must be given the question of permanence

in the case of veterans under 40 years of age. For such veterans,

permanence of total disability requires a finding that the end result of

treatment and adjustment to residual handicaps (rehabilitation) will be

permanent disability of the required degree precluding more than

marginal employment. Severe diseases and injuries, including multiple

fractures or the amputation of a single extremity, should not be taken

to establish permanent and total disability until it is shown that the

veteran after treatment and convalescence, has been unable to secure or

follow employment because of the disability and through no fault of the

veteran.

(4) The following shall not be considered as evidence of

employability:

[[Page 257]]

(i) Employment as a member-employer or similar employment obtained

only in competition with disabled persons.

(ii) Participation in, or the receipt of a distribution of funds as

a result of participation in, a therapeutic or rehabilitation activity

under 38 U.S.C. 1718.

(Authority: 38 U.S.C. 1718(f))

(5) The authority granted the Secretary under 38 U.S.C. 1502(a)(2)

to classify as permanent and total those diseases and disorders, the

nature and extent of which, in the Secretary judgment, will justify such

determination, will be exercised under Sec. 3.321(:).

© Temporary program of vocational rehabilitation training for

certain pension recipients. (1) When a veteran under age 45 is awarded

disability pension during the period beginning on February 1, 1985, and

ending on December 31, 1995, the Vocational Rehabilitation and

Employment Division will be notified so that an evaluation may be made,

as provided in Sec. 21.6050, to determine that veteran's potential for

rehabilitation.

(2) If a veteran secures employment within the scope of a vocational

goal identified in his or her individualized written vocational

rehabilitation plan, or in a related field which requires reasonably

developed skills and the use of some or all of the training or services

furnished the veteran under such plan, not later than one year after

eligibility to counseling under Sec. 21.6040(:)(1) of this chapter

expires, the veteran's permanent and total evaluation for pension

purposes shall not be terminated by reason of the veteran's capacity to

engage in such employment until the veteran has maintained that

employment for a period of not less than 12 consecutive months.

(Authority: 38 U.S.C. 1524©)

[26 FR 1586, Feb. 24, 1961, as amended at 26 FR 9674, Oct. 13, 1961; 29

FR 3624, Mar. 21, 1964; 39 FR 14944, Apr. 18, 1974; 46 FR 47541, Sept.

29, 1981; 50 FR 52775, Dec. 26, 1985; 53 FR 23235, June 21, 1988; 55 FR

17271, Apr. 24, 1990; 56 FR 25044, June 3, 1991; 56 FR 65851, Dec. 19,

1991; 58 FR 32445, June 10, 1993]

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Neither of the two vets I am trying to help have ever been declared disabled by any doctor, either private or VA.

carlie

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I am trying to help two veterans that are both very poor.

The only way either of them make any money is mowing yards, raking leaves, any kind of odd jobs they can find to do by word of mouth.

My question is how to try & get them each non SC pension.

They both have had years of unexplained infections and stomach problems.

Vet # 1 - Has zero reportable income and has nothing, only source of housing

is lady friend.

61 year old male, DD 214 :Honorable Discharge. Korean 63 - 64 DMZ vet .

Date of Entry : 18 Aug. 61

Termination Date of Reserve Obligation : 17 Aug 67

Under Decorations and Medals on DD 214 is :

Sharpshooter ( RIFLE M -1 ) Good Conduct Medal

Under Foreign and/or Sea Service :

USARPAC : 1 year 0 months, 6 days.

**************************************************************

Vet # 2 - Has zero reportable income and lives from hand to mouth.

57 year old RVN vet, 2 tours: From DD214 : Honorable Discharge.

Date of Entry: 22 Mar 68.

Termination Date of Reserve Unit & Obligation : 21 Mar 74

VN Service

6 Aug 68 - 4 Aug 69 --and 19 May 70 - 14 Mar 71.

Under Decorations and Medals on DD214 is :

NDSM SPS M-14, SPS M-16, VCM, VSM, 2 0/S Bars.

Under Foreign or Sea Service : USARPAC -- 1 year 9 months 25 days.

On this vet I also have a VARO from Puerto Rico, SC letter at zero percent for compensation.

The VARO letter is dated Aug.17,1973 and states, your disabilities listed below are SC, but they are less than 10 % disabling and compensation is not payable.

1 ) Left foot toe condition. ( corns )

3 ) Nervous condition -- not shown by evidence of record.

Drug addiction -- disability due to willful misconduct.

Vet #2 got strung out on alcohol & heroin in RVN. About 3 months after discharge he did some prison time for heroin. This is many years ago.

Currently, he has not consumed alcohol in years nor heroin.

He does admit to smoking weed and states it helps his nerves.

He tells me that over the years he has been told by VA that he has PTSD

and we have sent for his medical records.

I am in hopes of getting said PTSD SC'd at a compensable rate.

He states one of his friends gets a non SC VA Pension, and he would like to try and get a VA non SC Pension because he has been told this can happen quickly, and in the mean time we could work on getting his PTSD at a compensable rate.

I also am seeking information in regards to :

I think the drug addiction, filed prior to 1990 could possibly be SC'd.

**************************************************************

Any guidance, help and info is appreciated.

carlie

Carlie- The San Juan Puerto Rico VARO can be awful to deal with-

2 years ago a VAMC PT here at Bath , as an employee there, developed a serious nervous disorder-

which he blamed on his service and also due to the working conditions at San Juan VA. Hopefully your vet is dealing with another VARO?

He should be -if he is not at the same 1973 locale.

Vet # 2-

yes he needs his SMRs and VA med recs-

drug addiction IS willful misconduct and can NEVER be service connected-

however disabilities that arise from an addiction that was caused by inservice reasons can be-

Allen V Principi.

IS the DD 214 what he says it is or have you seen it-

If so- I suggest he send in a DD 149 to the appropriate address and ask that his DD 214 be checked and corrected if necessary-

It seems to me he might well have earned more decorations than what is mentioned-

"He does admit to smoking weed and states it helps his nerves" maybe it does-but this will NOT help his claim or his PTSD.

I never get involved with anyone's claim who has a current addiction that I know of- to include ETOH.

Others can if they choose to but-I wont.

One reason (I have many) is that the VA gives out some serious anti -jungle pills and other meds that alcohol and other street drugs can interact with. The mix can kill a vet.

I went to hundreds of AA meetings with my husband- who felt he had abused alcohol in the early 1980s -the VA never consided him as an alcoholic- but he himself did.

He was what I wanted - a man who didnt drink and he never did drink again after his first encounter with AA years before I met him.

I am forever grateful to AA for what it did for me- a non drinker -I quickly understood why my husband loved this org so much- in 1988 when I found that one of my vet center Vietnam vets died due to alcoholism (41 years old I think he was (after VA did ALL they could for him-they truly tried to save him and they have an excellent AA/NA program) and he left a penniless wife and three young sons- I realised that anyone with an addiction and then who takes medication too -is asking for trouble and possibly contributing to their own demise.

I still go once in a while to the local VA's AA/NA open meetings -they are EXCELLENT-I go alone because each time I have offered to take an addicted vet to their first AA meeting-they crap out on the meeting.

VA excels in this respect- drug and alcohol prevention and support for anyone trying to get clean-I am sure this vets doctor has suggested this- unless he isnt telling the doc about the weed.

It is great that you are trying to help him but he has to help himself too-

by getting over using the street drugs.(unless he has MS or a brain tumor and lives in California)

Dont become a crutch Carlie or allow anyone not even a veteran to use you or take advantage of your time.

The vets here know I am not being critical just smart as many vets have been used by vets too-

that is one of the ramifications of addiction-

this vet is NOT a bad person- dont get me wrong-and seems to have a valid claim basis.

But what good is it if he intends to spend any future VA comp on dope? And wreck his own health doing it?

Your vet # 1 needs to enroll into the closest VAMC and get a good physical.

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If you can get a Doc to state they are disabled they would probably be awarded a Pension in less than 3 months.

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A VA veteran's pension depends primarily on three factors-

Wartime service,

Total and permanent disability, and

Low income

A VA widow's death pension ( I do not know of any widow who could qualify for this)

Depends on Wartime service of the veteran and low income.

Most young widows have children and are eligible for Survivors Benefits from the SSA.

The SSA usually knocks out the pension. They get nada.

Elderly widows are eligible for SSA retirement at age 60 on their deceased husband's record.

If they apply for VA death pension, that SSA usually knocks out the VA pension. They get nada too-

Middle age widows usually are in the workforce-

that usually involves an income that knocks out the VA death pension. They too get nada.

A widow should ALWAYS state that they are applying for DIC as well as pension and that the veteran's service caused or contributed to his death.

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Berta is pretty much correct on Death Pension, if the Widow is receiving SSA, then it more than likely will be more than the pension amount. Although if the Veteran was in receipt of retirement benefits from the service, then her serviver benefits plus SSA will certainly be more than the pension.

Only one thing may make a difference and that is if the widow is in need of A&A and/or is blind. I am currently helping a widow apply for the Death pension since she is blind and needs some A&A to continue living at home. It may only be one or two hundred dollars more each month, but every little bit helps.

One thing I will say, you do not have to be 100% disabled, you can be 60% with one disability with unemployability or 70% combined with more than one with unemployability, in all three cases you must meet certain income requirement. If your married and your wife works, her income is counted towards house hold income, even a child living at home and is in receipt of income, may be counted towards household income. Private gifts of money to is counted towards income requirement.

You are required to report any change in income each month so that your pension amount can be adjusted to reflect this added income. I am not certain as to if Suplomental Social Security is considered in NSC pension, but it is not considered as income in Death pension.

Good luck and keep trying>

Jim S. :D

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