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

[jessie0054]

Hello again Berta and thanks for your guidence!!

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

I'm trying to prevent this. I have also ask for help from the Mental Health department where he was being seen at in Kansas. I belive they must have contacted the VA in his behave as he got an appointment notice from the local VA for Jan 30th. He hasn't been to the VA for his care in some years, But then i'm only guessing here. I had him [ my Brother] to sign release of information forms from the Mental health to release his records to Me.

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

According to this rate he is paid $881. Monthly which amounts to $10,572.

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

Yes, that little job that the Mental Health gave him of 1 hour a day for 4 days a week amounted to about $90 a month.

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

I don't know at this point!! Haven't heard from them since my mother wrote to them in his behalf and i'm hoping that the Mental Health Department that gave him this job has too stepped in on his behalf since in his Mental Being he wouldn't have known that since they gave him this job he would have to report it as income if they themself didn't directly tell him. My point being!! If couldn't have figured that out himself.

Jessie

[brewers_2150]

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

Yes there are many studies linking CAD (Coronary Artery Disease) with Depression, but please show me one Dr. who will put that in writing in his patients records, and I'll give him another patient!

I feel my CAD is a result of years of deep depression. While VA Dr.'s will privately tell me that there are studies that link the two, none will put it in writting.

Brewers_2150

[jessie0054]

Hello Berta and all:

Just wanted to let you know that my brother was able to keep his NSC Pension.

Thanks for all your help!!!!

Jessie

[Berta]

This is GREAT news!!!!! I know you were quite concerned for him.