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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Service Disabled Veterans Insurance


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I am 100% P&T. I have called the toll free number for the VA life insurance and have been given conflicting information. The first person I spoke to said I am not eligible to apply for the waiver of premiums on a $10,000 life policy because I am working, the second person said I need to apply for the waiver and see what they say. He said I may or may not be given the waiver, he said you won't know until you apply.

Does anyone have the SDVI for $10,000 and is employed get the premiums waived? I only want to apply if the premiums will be waived. I am also under 65 and it has been less than 2 years since my last new disability.

Thanks

 

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@paulstrgn, @Buck52, and @GBArmy, look what I found - the laws governing SDVI and it appears the VA may be wrongfully denying because permanent/total veterans are still working: There are two key

I called the VA insurance center at 1-800-669-8477 and they again said the same thing: permanent and total plus working means not eligible. I asked for the regulation/law governing that, but they didn

I am 100% P&T and following this like a hawk.  I would like nothing more than 10K in insurance funded under my status.  However, the financial implications to the VA are large.  778K veterans are

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@CapnHaddockYou are correct in the fact that the VA try will fight this all the way. I sort of spearheaded this effort recently. Being 100% P&T, I filed for this some years ago, but the VA also denied the free coverage because I was also still employed. In 1996, per the Paperwork Reduction Act of 1995, the VA moved their regulations into departmental policies under M29-1 Chapter 16. They asserted that "for life insurance purposes" the VA's definition of "totally disabled" meant "unemployable", despite what the VA defined in 38 CFR 3.340. Apparently, there was some sort of division between each of the VA's business units (i.e. disability, medical, Voc Rehab, home loans, etc...) which meant they were free to redefine whatever they wanted independent of other VA business units. I spent several hours across multiple phone calls going round and round with a VA attorney on this. With the cards stacked in favor of the VA, the only way to overcome this is to either appeal forever or engage the Feds in a legal battle as indicated below.
  Please feel free to check out my research. The most interesting part is the fact that there are about five or six Federal court rulings against the VA which indicated that the VA definitely was wrong. I have yet to find a single court ruling in favor of the VA on this on the merits (meaning cases which were validly filed within the designated timeframe and regarding the waiver itsel). I am currently in the process of appealing this to the BVA, which means it could be a few years.
  Regardless of the implications to the VA, I'll accept the just ruling under the law, but will the VA?
 

 

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@Vync  Good Morning - I read through your research and this is one where the VA has stacked the deck by creating business units that are able to operate independently and work against the Vet (either by accident or intentionally).  I do not believe that there is malice aforethought by the VA but some individuals may have been given a budget and told to stay inside the boundaries.  It is one of those cases that requires outside intervention (either by a court or by Congressional action).  I am going to apply (I am within my one year of receiving 100% P&T) and see what happens.  If turned down I will appeal and then move to higher authority.  If turned down from there I will make an appointment on the Hill.  With your permission I would like to use some of your research if we get to that point.  We can wait until we cross that line.  

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I am also following this. i hope to be 100% in the next 5 years(lots of sarcasm there-fighting the va for the last 10% is the hardest 10% fight as we all know)

thanks for everyone's research on this, especially @Vync, you are an inspiration!!! 

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On 9/5/2020 at 6:27 AM, CapnHaddock said:

@Vync  Good Morning - I read through your research and this is one where the VA has stacked the deck by creating business units that are able to operate independently and work against the Vet (either by accident or intentionally).  I do not believe that there is malice aforethought by the VA but some individuals may have been given a budget and told to stay inside the boundaries.  It is one of those cases that requires outside intervention (either by a court or by Congressional action).  I am going to apply (I am within my one year of receiving 100% P&T) and see what happens.  If turned down I will appeal and then move to higher authority.  If turned down from there I will make an appointment on the Hill.  With your permission I would like to use some of your research if we get to that point.  We can wait until we cross that line.  

Please feel free. I can provide some additional information to you very soon.

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