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

World War Ii Veteran

Rate this question


Charleese

Question

Hi everyone,

I know of an 87 year old World War II Veteran who got hurt while in service with a head injury in 1944. He has admitting papers from 6th General Hospital in North Africa as proof. He has been suffering from black outs/fainting ever since.

He gets a Railroad pension and Social Security.

If he was to file for compensation claim would the VA deduct money from railroad pension and Social Security.

Thanks!

Edited by Charleese
Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Recommended Posts

I'm currently receiving railroad retirement disability and VA 100% iu. Railroad disability is treated the same as social security. People who quailfied for railroad retirement and social security could receive both until 1984 when president Reagan pushed a law were a individual can receive only one of the two.

Hi, thanks for your reply. If I understand you correctly, since he is receiving railroad retirement disability and social security, if he was to apply for VA compensation benefits now he would not get it. This man has been through so much sickness since his fall in 1944 until it pains you to think VA can get by without paying.

Do you or anybody reading this topic know where I can find the actual policy on this? I would greatly appreciate it.

Thanks again!

Link to comment
Share on other sites

NO, what I'm saying is he can receive both railroad retirement and social security in addition to va disability. I've only been receiving railroad retirement and VA disability for the last 2 years.

When I was talking about railroad retirement and social security together I got completely off subject. Since 1984, individuals can't receive both railroad retirement and social security. The WWII vet probably retired before 1984 and can receive both railroad retirement and social security, because he was grandfathered under the old law.

But I think this all applies only if he is service connected, not attempting to get non-service connected VA pension.

Edited by otey2171

ROD

Link to comment
Share on other sites

NO, what I'm saying is he can receive both railroad retirement and social security in addition to va disability. I've only been receiving railroad retirement and VA disability for the last 2 years.

When I was talking about railroad retirement and social security together I got completely off subject. Since 1984, individuals can't receive both railroad retirement and social security. The WWII vet probably retired before 1984 and can receive both railroad retirement and social security, because he was grandfathered under the old law.

But I think this all applies only if he is service connected, not attempting to get non-service connected VA pension.

Hi thanks for your response. I misunderstood this VET because what he gets is a check each month for Social Security and railroad medicare. He does not get a check from the railroad just medicare. He retired from working in 1996.

I assume he can still apply for VA compensation and health benefits. If I am wrong please let me know. Thanks!

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

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

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • 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

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use