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.

[Pete53]

The VA allows anyone on pension to deduct any money spent on Medical. There for if in assisted living cause they have to be may leave door open.

[emelita]

I am getting SSI benefits of $637 a month because I am low income and disable.

Do you think it is better not to pursue this case anymore as I am not getting much.

I cut and paste the Death pension Benefits and it seems I am only going to get if in case I win:

$7, 933 a year

Need an advice if I will continue to fill up this Form 9 or just throw it away.

=====================================================

Improved Death Pension Benefits Rates - Effective 12/1/08 Date of Cost-of-Living Increase: 12-01-2008

Increase Factor: 5.8%

Standard Medicare Deduction: $96.40 Maximum Annual Pension Rate (MAPR) Category Amount MAPR Without Dependent Child $7,933 To be deducted, medical expenses must exceed 5% of MAPR or $ 397 MAPR With One Dependent Child $10,385 To be deducted, medical expenses must exceed 5% of MAPR or $ 520 Housebound Without Dependents $9,696 Housebound With One Dependent $12,144 A&A Without Dependents $12,681 A&A Without Dependents (SAW Veteran's Surviving Spouse) $13,195 A&A With One Dependent $15,128 A&A With One Dependent (SAW Veteran's Surviving Spouse) $15,587 SBP/MIW Annuity Limitation $7,933 Add for Each Additional Child $2,020 MAPR FOR CHILD ALONE $2,020==================================================================

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.

[emelita]

hi john,

I am getting SSI benefits of $637 a month because I am low income and disable.

Do you think it is better not to pursue this case anymore as I am not getting much.

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.

[john999]

Emelita

I would pursue it anyway. Let the VA make the determination that you make too much money. I don't know exactly what the cut off is, but tell me how you live on $637 a month? Do you get medicade and foodstamps and section 8 housing? I bet the VA counts all that as income somehow. I would not trade SSI for the VA widow's pension.

[Rockhound]

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.

Berta: I think you could have your dates wrong, the date you list is for those who served fighting in country Vietnam. Vietnam era is listed as: (I hope I am not reading this wrong!)

(f) Vietnam era. The period beginning on February 28, 1961, and ending on May 7, 1975, inclusive, in the case of a veteran who served in the Republic of Vietnam during that period. The period beginning on August 5, 1964, and ending on May 7, 1975, inclusive, in all other cases. (Authority: 38 U.S.C. 101(29))

[Wings]

Rockhound, You are correct. See if you can find the Title 38 CFR (rather than USC). ~Wings