Veteran Denied Benefits Because He Did Not Fight On Any War

[emelita]

Since 2003, I have been claiming for my husband death pension as a US Veteran but always get denied. Last year I applied again as the person working at the Department of Veterans Affairs in Everett WA. told me that I am qualified to get a death pension. So he help me go through again those applications but again, I was denied, and now my case is going to DBA for a new hearing because I applied for this De NOVO Review as I gave a notice of disagreement.

My husband was in the army for more than two years but did not fight on the war in Vietnam, the actual war in the Republic of Vietnam, but he told me that he is the one making all the ammunition for the war in Vietnam. At that point of his service he did not go to war but the war is going on and the war have not been proclaimed yet, so his time of service did not fall on any days when they proclaimed the war in Vietnam and he did not go to war in the Republic of Vietnam as what the DVA govern. So he is not entitled to any death pension because he did not fight on any war even for one day, as the DVA said.

So now if the person is in the army and did not fight in the war he is not entitled to any death pension???

If your in the army you should fight in the war even for one day... or else no pension if you die or no other benefits to your dependents.

[Wings]

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What were his service dates???

Edited November 28, 2008 by Wings

[emelita]

My husband serve in the army from January 1962 to 1964 of May. Served in Germany for 9 months and 10 days. DVA says he is supposed to serve in the Republic of Vietnam and fight the war even for one day between Feb 28 1962 to May 7 1975. He was not entitiled to any death pension as he did not fight to any war.

So even if your in the army for almost 20 years and no war your not entitiled to any pension or benefitsunless you fight on a war for one day.

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Since 2003, I have been claiming for my husband death pension as a US Veteran but always get denied. Last year I applied again as the person working at the Department of Veterans Affairs in Everett WA. told me that I am qualified to get a death pension. So he help me go through again those applications but again, I was denied, and now my case is going to DBA for a new hearing because I applied for this De NOVO Review as I gave a notice of disagreement.

My husband was in the army for more than two years but did not fight on the war in Vietnam, the actual war in the Republic of Vietnam, but he told me that he is the one making all the ammunition for the war in Vietnam. At that point of his service he did not go to war but the war is going on and the war have not been proclaimed yet, so his time of service did not fall on any days when they proclaimed the war in Vietnam and he did not go to war in the Republic of Vietnam as what the DVA govern. So he is not entitled to any death pension because he did not fight on any war even for one day, as the DVA said.

So now if the person is in the army and did not fight in the war he is not entitled to any death pension???

If your in the army you should fight in the war even for one day... or else no pension if you die or no other benefits to your dependents.

[Philip Rogers]

He only needs to have served on active duty anywhere, for one day, during the war period, not the actual combat (war). You should be entitled to the widows pension but a widows pension is means based, so it is offset by other income. It's kinda like welfare for service members and their families. For 2008 it looks like it'll pay $661 a month. Any other income you receive reduces that amount. If you already earn or receive more than $661 you'll get nothing.

Here's a link to the VA's site w/the answers: http://www.vba.va.gov/bln/21/pension/spousepen.htm#1

pr

Edited November 28, 2008 by Philip Rogers

[Rockhound]

He only needs to have served on active duty anywhere, for one day, during the war period, not the actual combat (war). You should be entitled to the widows pension but a widows pension is means based, so it is offset by other income. It's kinda like welfare for service members and their families. For 2008 it looks like it'll pay $661 a month. Any other income you receive reduces that amount. If you already earn or receive more than $661 you'll get nothing.

Here's a link to the VA's site w/the answers: http://www.vba.va.gov/bln/21/pension/spousepen.htm#1

pr

§ 3.17 Disability and death pension; Mexican border period and later war periods.

In computing the 90 days' service required for pension entitlement (see §3.3), there will be included active service which began before and extended into the Mexican border period or ended during World War I, or began or ended during World War II, the Korean conflict, the Vietnam era or the Persian Gulf War, if such service was continuous. Service during different war periods may be combined with service during any other war period to meet the 90 days' service requirement.

Only one of those days must have been served during a time of war and like Philip said, they don't have to have actually served or faught in the war zone, only during the time the war went on. But like Philip also stated, there is a means income test. If you are working or not, if you are receiving any type of finanacial earnings or assitance, it may be subtracted from the pension maximum or if it is more, then you become ineligible to receive it. However, their are exception that would reduce your means income, such as medical expenses you pay out of pocket.

If you need any other type of help, other than with the VA, If we knew what state you were in, there might be someone who is a member here that can direct you to other sources of help in your area/state. We also have a forum section that deals with Social Security questions and information.

Rockhound Rider

[Berta]

I think this widow was denied because she states her husband served from January 1962 to May 1964 and the Vietnam War Era started on August 5,1964.

That puts his service outside the wartime period criteria.

The Vietnam War beginning was extending to February 28,1961 but only for incountry Vietnam Veterans.

I dont think this widow will be found eligible for a wartime VA pension-

Is there any chance at all for a direct SC death award of DIC?

Another thing about the pension- it is income limited- I got a pension award it seemed only a few weeks before my DIC award came and it was so little money it hardly seemed worth it-

and then in my C file is a formal withdrawal of the pension-with the VA's receipt of what looks like the first pension check I got.

DIC is a better benefit is possible.

I dont know how many widows once they get SSA benefits-can possibly get much of any VA wartime pension.

[john999]

If the widow gets SSA she will probably be ineligible for the widow's pension since it is need based. You have to be really poor to get it. I tried to get it for a widown but she made too much money, and was not even eligible due to her husband not even being a vet. He worked in a war industry at home and never even went to basic training during WWII.