Just Received My Brother's Smr

[jessie0054]

Hello again :

Late last month i wrote that the VA was going to reduce my brother's amount of the Pension he recieves from the military for not reporting a little job that he was given by the Mental Health Department.

I sent for his SMR to see if there was any condition he was seen for while in the Army that he might be service connected for due to his " Nerves" and his Mental Condition today.

In looking at the SMR there is nothing in them about being seen at any time for his nerves, There is something that i think he might/could be service connected for but i will need to see all his medical records since his discharge.

He was seen in { sick call } for complains of [1] CHEST PAIN [ he has a heart condition he is treated for today with i think 2 stents]

He was also seen several times for complains of [2] LUNG PAIN, Treated as a chest cold altthough he didn't have a fever but once during the sick calls.

I remember he had had problems with his lung for many years and has been in the hospital several times for his lungs collasped many times.

[3] He is shown by the SMR to have injured his back 2 times. and his right knee 2 times in a fall.

I know that he has had complains of back pain for many years and thought that was why he was receiving what we thought was a disability check all these years, Had no idea it was the Pension he was receiving.

As you might remember i wrote that he has Lung Cancer and was operated on Oct 2, 2006 to removed the upper lobe of his right lung. He was just removed out of ICU last night after many problems during his stay in ICU. He has fallen twice during this stay because his legs give out.

Question!!

Since it shows he has 2 back injuries [ low back] is there anyway to connect this to his current cervical spine disability?? He has had to have at least 2 operations over the years for fusions in this area??

Any suggestions??

Should i try to file claims for him??

Thanks, Jessie

[Pete53]

Treatment for chest pain or heart can also be associated with amxiety disorder. If your brother was combat he can also use his own narative about anxiety or depressive episodes. Good Luck

[jessie0054]

Treatment for chest pain or heart can also be associated with amxiety disorder. If your brother was combat he can also use his own narative about anxiety or depressive episodes. Good Luck

Thanks Pete:

My brother wasn't in Combat!! But when i questioned him about if he ever had to go to sick call for anything when he was in the service he said YES, For my nerves!!

So, I'm only guessing here or pulling at strings maybe , But couldn't the Chest pains he had been Anxiety and he just didn't know what was causing them or how to tell the DR that it was his " Nerves" [ I'm saying this because he has been treated for years for " Nerves" and depression.

And i have another question maybe you could answer?/

Don't you have to be 100% disabled to get the Non Service connected pension??

Thanks,

Jessie

[Berta]

There are many reasons a veteran could have had anxiety and stress in service other than combat situations. The first 100%SC PTSD vet I ever met was in Vietnam, but not in combat at all, yet his MOS caused his severe PTSD.

Was he a Corpman in service? Corpmen saw alot in service that could give anyone anxiety and PTSD.

Also yes a pension is awarded for total disability.But if it was awarded for conditions not service connected , it would not help support the service connection claim.In his case it would be good if he could get a service connected award that would be enough compensation to go over the pension amount. He would not get both but a good SC rating could give him more monthly money for his needs.

If he claims anxiety or PTSD he will have to recount a stressor which they can verify.

[Philip Rogers]

Thanks Pete:

My brother wasn't in Combat!! But when i questioned him about if he ever had to go to sick call for anything when he was in the service he said YES, For my nerves!!

So, I'm only guessing here or pulling at strings maybe , But couldn't the Chest pains he had been Anxiety and he just didn't know what was causing them or how to tell the DR that it was his " Nerves" [ I'm saying this because he has been treated for years for " Nerves" and depression.

And i have another question maybe you could answer?/

Don't you have to be 100% disabled to get the Non Service connected pension??

Thanks,

Jessie

Back in the 70's, I received non-service connected pension for some physical injuries I received as a result of an accident. They actually totaled 60% but the VA paid me the pension, even though I wasn't 100%. I think they are a little more lenient for pension.

pr

[jessie0054]

There are many reasons a veteran could have had anxiety and stress in service other than combat situations. The first 100%SC PTSD vet I ever met was in Vietnam, but not in combat at all, yet his MOS caused his severe PTSD.

Was he a Corpman in service? Corpmen saw alot in service that could give anyone anxiety and PTSD.

Also yes a pension is awarded for total disability.But if it was awarded for conditions not service connected , it would not help support the service connection claim.In his case it would be good if he could get a service connected award that would be enough compensation to go over the pension amount. He would not get both but a good SC rating could give him more monthly money for his needs.

If he claims anxiety or PTSD he will have to recount a stressor which they can verify.

Berta:

I have a question?

If i file these claims for him and they do not amount to 100% service connected, Will he lose the NSC pension??

I do not want to put him in worse financial shape than he already is.

Thanks,

Jessie

[Berta]

Berta:

I have a question?

If i file these claims for him and they do not amount to 100% service connected, Will he lose the NSC pension??

I do not want to put him in worse financial shape than he already is.

Thanks,

Jessie

I am afraid he could lose the pension unless he took immediate steps to challenge their letter attempting to take it away.

I am posting the recent SC rates:

http://www.vba.va.gov/bln/21/Rates/comp01.htm

These rates will go up next year with the COLA.

I dont know what amount he gets now as a pension so you could compare it to the rates that would give him a higher level if he can be service connected.

I noticed something at this site under the pension tables--it says that a pension requires a yearly income lower than $10,579.

Are they saying he earned more than that and did they factor in his medical expenses?

What is the status of his appeal on the attempt to reduce his pension?

Edited October 19, 2006 by Berta