Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Va Pension & Ssd

Rate this question


garnster

Question

HYPOTHETICAL: Does anyone know what would happen if a veteran who is presently collecting NSC pension ($985 max.) is awarded SSD in an amount in excess of the VA pension? Can they collect both for so long? When do they have to notify the VA? What happens if they do not notify the VA right away, and collect both for a few months? Will it result in recovery/payback to the VA, and if so when? Do they normally just make arrangements with the vet to pay it back? Do they get nasty? (i.e. criminal prosecution vs. civil collections). Anyone know anyone who has had experience with this? Thank you. B)

Link to comment
Share on other sites

  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

If you itemize all your medical expenses the VA will take it out.

Example

A Veteran gets a pension and lives in a nursing home that charges 2000 a month

The Vet gets 1500 from SSD and 985 Pension. The VA would pay

2000 - 1500 + 985 - 500 or 485 to Veteran

Medical expenses are deductible before they do the math

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

  • HadIt.com Elder

The DVA will likely stop your pension benefits as soon as they find out your receiving SSDI in an amount that exceeds VA Pension. You are better off writing them and letting them know about your SSDI income to get it taken care of ASAP.

They will request you repay "ALL" pension payments that you have received since your SSDI started. Since it takes around three months to receive anything from SSA once your SSDI is approved, you will already owe the DVA three months of Pension funds. So take care of this asap.

You can receive VA service connection payments & SSDI at the same time.

Link to comment
Share on other sites

HYPOTHETICAL: Does anyone know what would happen if a veteran who is presently collecting NSC pension ($985 max.) is awarded SSD in an amount in excess of the VA pension? Can they collect both for so long? When do they have to notify the VA? What happens if they do not notify the VA right away, and collect both for a few months? Will it result in recovery/payback to the VA, and if so when? Do they normally just make arrangements with the vet to pay it back? Do they get nasty? (i.e. criminal prosecution vs. civil collections). Anyone know anyone who has had experience with this? Thank you. B)

First, you are not permitted to collect both, you will have to decide which one you wish to collect. I assume it will be the larger of the two more likely than not SSDI. My suggestion to you is , upon your receipt of an award letter from SSA, immediately file a request to have your pension stopped, and make sure you have a copy of that letter. Do it at your local VA service CTR they will electronically send the letter for you. Sometimes believe it or not you make have to repeat that. Failing to notify the VA about SSA award in a timely manner can and probably cause you a very difficult time to straighten the mess out. Don't get yourself into it!

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use