Widow benefits question

[Zebra]

My 98 year-old aunt is a widow of a WWII non-disabled veteran. Is she entitled to survivor benefits?

She is in need of the pension.

Many thanks.

[GBArmy]

Hi Zebra, welcome to Hadit. Your aunt may be entitled most like the key factor is how much her income is annually. See   https://www.va.gov/pension/survivors-pension/  Call but understand the income cap level is pretty low.

[Zebra]

On 10/7/2021 at 8:55 AM, GBArmy said:

Hi Zebra, welcome to Hadit. Your aunt may be entitled most like the key factor is how much her income is annually. See   https://www.va.gov/pension/survivors-pension/  Call but understand the income cap level is pretty low.

Many thanks for this. I checked it out and it says that Social Security income is excluded from countable income. That makes her income close to zero. She has run thru her savings. The county VA rep is telling her is not eligible period.

https://www.ecfr.gov/current/title-38/chapter-I/part-3

Waiver of receipt of income. Potential income that is not excludable under § 3.272 or § 3.279 but is waived by an individual is included as countable income of the individual. However, if an individual withdraws a claim for Social Security benefits, after a finding of entitlement to those benefits, in order to maintain eligibility for unreduced Social Security benefits upon reaching a particular age, VA will not regard this potential income as having been waived and will therefore not count it.

[GBArmy]

Get another vso

[pwrslm]

Go to the VSO's office and educate them. No excuse for them to do this to a Vet's widow. It is pure laziness.

 

 

Edited October 8, 2021 by pwrslm

[Berta]

I agree- and she should apply through a different VSO, for DIC and the Wartime  pension.

Wartime pension can involve many factors unique to the survivor.

If the VA denies the pension, that is one thing and they have to give a reason why-but if a VSO denies a claim that has not even been filed yet- they are not properly doing their job.

I disagree with the interpretation here of 

" However, if an individual withdraws a claim for Social Security benefits, after a finding of entitlement to those benefits, in order to maintain eligibility for unreduced Social Security benefits upon reaching a particular age, VA will not regard this potential income as having been waived and will therefore not count it."   They wil not count it because is was "waived".

That does not seem to be the situation here with this widow.

This recent BVA decision shows what they mean by "income"

In part:

"ORDER

Entitlement to death pension is denied.

REMANDED

Entitlement to dependency and indemnity compensation (DIC), to include based on service connection for the cause of the Veteran’s death is remanded.

Entitlement to accrued benefits is remanded.

FINDING OF FACT

The appellant’s countable annual income for VA pension purposes is in excess of the established income limit for receipt of payment for nonservice-connected death pension."
 

https://www.va.gov/vetapp20/files3/a20003567.txt

The claim form is here:

https://www.vba.va.gov/pubs/forms/VBA-21P-534EZ-ARE.pdf

It clearly states the SSA info they need.

A VA claim for DIC is also a claim for Wartime pension if applicable.

The above wiow's claim was not developed at all to see if she was eligible for DIC, and the BVA remanded it.

It is always possible that a deceased NSC veteran's service medical records ,and VA or private medical records nd the Death Certificate could reveal something significant to establish a service connected death.

However if DIC is denied for Good Cause the VA will consider the pension.

It is also possible that the veteran did not meet the initial period of service for a Wartime survivor's pension, based on his DD 214 ,or something else triggered he VSO to say she was not eligible.Or the VSO didn;t want to take the time to help her fill out the EZ 534.

These are the eligibililty requirements for wartime service, etc.:

https://www.va.gov/pension/survivors-pension/