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Hamslice

Father In Law Help Please

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He doesn't have war time svc for va pension purposes

If it was juts Cubanissle crisis. He won't be eligible

Edited by T8r

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Periods of war 38 cfr 3.2

(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.

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War time service requirement is correct and is the first requirement that must be met.. At least one day of war time service--90 days or more continous active duty other than for training purposes. Also, income from all sources count against it. Such as Social Security (gross), private pensions (gross), interest income, wages, ----and spouses income. Some war time vets initially do not qualify because their income is too high, but later "do" qualify when admitted as nursing home patients. In my county (OHIO) the local Medicaid Office (not Medicare) does an automatic referral to the local Veterans Office to determine VA Pension eligibility. This is because the VA considers the high unreimbursed cost of the nursing home patient care (medical expenses). In addition, some Vets/widows qualify if admitted to "assisted living" facility. In closing, don't forget that widows of wartime vets may have eligibility under this same VA Pension Law. However, all this is moot unless the vet or widow meets the wartime eligibility requirement. Just some basics, hope it helps.

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VA pension is based on monthly income. I got it for my Father-in-Law who is a WWII vet. The war time and 90 day active duty requirement is correct. They base it on a povery type scale. Here is a link to the VA page:

http://www.vba.va.gov/bln/21/pension/vetpen.htm

You deduct and medical insurance or costs that he/ your sister is paying for monthly prescriptions. If he gets $900 a month in SSC, but has to pay $200 for medicade supplemental insurance and another $75 for medication, then his adjusted income is $625. I believe the amount they base it on is $15,500 for vets who can get around on their own. If they require constant Aid and Attendance, I believe it is around 18,000. You multiply 900x12=10,800 then subtract what you can for costs I told you about. He is definitely below the income range, now you just have to prove it and get the numbers right. If he requires aid and attendance you will get more money. You will need his doctor to write a letter stating that he requires 24 hour aid and attendance. This is as little as saying your sister needs to live with him or vice versa, because she provides him with his meals (because he can't do it), she assists him with getting to the bathroom, and if something happens to him like if he falls and breaks something he would be unable to help himself. Let me know if you need more help with the finance calculations.

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


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