Can You Change Pension To Service Connected ?

[jone]

I was awarded pension in 2004 for Ishimec Heart .I was in ICU in Atlanta vmac when VA doctors Told me I would no longer be able to work. One of my heart stents had failed, I had open heart bypass in 99 and stents placed in late 2003..I was already 30% service connected on back injury, They said I was 60% rated on heart non-service connected 30% on back service connected ...I don't know what form I filled out ,it was through the DAV office which was in the same building I was in.. Still have the award letter stating that..I am Viet Nam vet Da Nang 69-70 366 TFW USAF. If ishimec heart had been on the agent orange list I sure would have applied ..... Does any body know what form I should file now to apply under proposed new regs? THanks

[N4XV]

I was awarded pension in 2004 for Ishimec Heart .I was in ICU in Atlanta vmac when VA doctors Told me I would no longer be able to work. One of my heart stents had failed, I had open heart bypass in 99 and stents placed in late 2003..I was already 30% service connected on back injury, They said I was 60% rated on heart non-service connected 30% on back service connected ...I don't know what form I filled out ,it was through the DAV office which was in the same building I was in.. Still have the award letter stating that..I am Viet Nam vet Da Nang 69-70 366 TFW USAF. If ishimec heart had been on the agent orange list I sure would have applied ..... Does any body know what form I should file now to apply under proposed new regs? THanks

jone,

The form would be  VA FORM 21-526, VETERAN'S APPLICATION FOR COMPENSATION AND/OR PENSION

You stated you used the DAV to file your claim for pension in 2004, so if you signed a POA with the DAV back then it should still be in force and in your C-file. I would suggest you contact the DAV VSO in your area and they should be able to help you file a claim for IHD presumptive to AO exposure. 

I don't know how the VA pays a non-SC pension and SC compensation. Were they combined or does the 30% SC compensation offset the 60% non-SC pension for pay purposes? If the latter applies and you are granted SC for the IHD your claim might fall under Nehmer and you could be entitled to retro pay for the difference back to 2004. I am not trying to get your hopes up but just suggesting it as something you might want to look into. 

[john999]

I believe they deduct SC from NSC pension. If you get IHD SC'ed you will probably have enough to get IU. You won't need to worry about NSC pension. This is a goal most worthy of shooting for, and maybe Nehmer would apply. Every RVN vet should help grass roots effort to make sure IHD is SC'ed without major limitations or conditions. Half of us will probably die from some form of this condition.

[vmo]

When a veteran is eligible to receive VA Pension and VA Compensation, you can not draw both at the same time. The VARO will pay you which ever is the higher of the two benefits/or that which is more beneficial. *You are still recognized as service connected even though you elect VA Pension in lieu of VA Compensation. For those Vet's who have 20 year protection on their VA Compensation award, but elect VA Pension, can have their VA Compensation restored at the protected % if they later on lose the VA Pension. An example would be if the veteran later on starts to receive Social Security benefits putting him over the income limitation to receive VA Pension, the VARO should restore the VA Compensation at the prior rate because of the 20 year protection. However, you can still reopen the VA Compensation requesting a higher compensable rating if you feel your s/c disabilities have increased in severity. If you do not have 20 year protection (on VA Comp), when the VA Pension is stopped, the VARO would re-examine you and award the percent of compensation pertaining to the current level of s/c disability.

[carlie]

jone,

The form would be  VA FORM 21-526, VETERAN'S APPLICATION FOR COMPENSATION AND/OR PENSION

You stated you used the DAV to file your claim for pension in 2004, so if you signed a POA with the DAV back then it should still be in force and in your C-file. I would suggest you contact the DAV VSO in your area and they should be able to help you file a claim for IHD presumptive to AO exposure. 

I don't know how the VA pays a non-SC pension and SC compensation. Were they combined or does the 30% SC compensation offset the 60% non-SC pension for pay purposes? If the latter applies and you are granted SC for the IHD your claim might fall under Nehmer and you could be entitled to retro pay for the difference back to 2004. I am not trying to get your hopes up but just suggesting it as something you might want to look into. 

This vet already receives some SC'd disability.

A 21-526 is ONLY used to file the very first original claim.

Anything after that can go on a 21-4138.

carlie