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

Don't Know Where To Start To Help Pearl Harbor Medic

Rate this question


Diamond Dog

Question

My new father in law was a medic in Pearl Harbor. He was drafted and only served a few years.

He has never once taken a single benefit from the government. However he is elderly now and is having a hard time financially.

He is in good health. We went to the VA for him and filled out all kinds of forms and spent all kinds of time on the phone. They told us he is not eligible for any kind of assistance. Not medical care, not pension, nothing.

I just find this hard to believe. Is this true? Can someone point me in the right direction. I would think a Pearl Harbor medic would be something of a National Treasure.

Thank you in advance for any help

Link to comment
Share on other sites

  • Answers 5
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

5 answers to this question

Recommended Posts

  • HadIt.com Elder

As long as he does not have a "bar to benefits" there is always a potential that he might have some medical condition that is related to service. You need to get his medical records or otherwise see if he thinks he has any medical or mental conditions related to service. i am pretty sure he would have a burial benefit when he dies. Talk to him and get his medical records and post agian. I hang around a couple of Pearl Harbor survivors. They are over 90 years old.

By the way today is December 7.

Hoppy

100% for Angioedema with secondary conditions.

Link to comment
Share on other sites

You said he is good health- but was any disability at all listed as a formal SC claim on the forms? I assume you mean the 21-526 form?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • HadIt.com Elder

if he has a retirement benefit or SS he may not be eligible for the "pension" as it is means tested, as a veteran he is entitled to be buried in a national cemetery but they do not just give money to veterans because they once served this nation has over 24 million living veterans and about 3 million of them are service connected at some percentage, I saw someplace last week that less than 300,000 are rated at 100% or higher

my step father never filed a VA claim either he was retired Air Force from WW2 and Korea he retired before Nam started but he ended up with 3 kinds of cancer related to the radiation from the nuclear experiments in the 50s and 60s, he flew AF planes thru the clouds on data gathering missions over the Nevada test site he did not want them messing with his retirement pay he died before they passed the RECA act which would have given him the 75,000 dollar payment

If his income and expenses for medical care take him below the level for the pension he may need to make a formal claim for the pension and find out if he qualifies or not, sometimes you have to put the numbers onto the forms and find out, many times the people at the VA will just say nope no benefits but once the forms actually get submitted and the numbers get crunched he may be eligible for the war veterans pension or a partial payment

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

Link to comment
Share on other sites

  • HadIt.com Elder

I suspect that a Pearl Harbor medic would exhibit some symptoms of posttraumatic stress disorder (PTSD) and this would be compensable if a claim for service connected compensation was filed. I think he might also have eligibility for pension for veterans who served in wartime. Did he receive any medical treatment for any medical conditions within service or within a year or two of military service? See the presumptive conditions under 38 CFR 3.309 and keep in mind there were different regulations and laws in the 1940s when he was discharged than now. I suggest that you call the V.A. at 1 800 827 1000 to discuss his eligibility for benefits.

Link to comment
Share on other sites

  • HadIt.com Elder

When was he drafted?

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

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

    • Ronald beecher went up a rank
      Rookie
    • Tim Walsh earned a badge
      First Post
    • Tim Walsh earned a badge
      Conversation Starter
    • BirddogM578 earned a badge
      Week One Done
    • BirddogM578 earned a badge
      One Month Later
  • 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