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Wwii Vet Needs Help


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#1 mags1023

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Posted 02 August 2009 - 08:38 AM

I am now working on my Father-in-laws claim for pension and have zero experience at this part of the VA system. He is 87 years old and was in over 90 days during the war 1945-47 (actually in country at Germany). His only income is social security and his wife's social security. They have no property, house or much savings (about $15,000). He is treated by the VA, but has to pay the co-pay. He has been disabled for many years, because he has back/spine issues (fusions) and diabetes. He was forced to retire on social security at around 50. He is not receiving any VA compensation. I talked with him at length about his WWII service and that is where he originally injured his back, but he never went to the military doctors. You know how it goes, he just sucked it up and lived through the pain. So, I am sure I can't get him any compensation for his injuries, but I am hoping to get him qualified for a pension. His doctor has ordered a nurse to come in a couple of times a week. Would this qualify him for A&A. I am sure I can get his doctor to produce a letter for him explaining his conditions. Also, he has been receiving Plavix from the VA for a year and making his co-pay. His cardiologist wants him to stay on Plavix, but VA says they feel it is only effective for a 12 month period, so they will no longer provide him with it. He had to pay $164 for his prescription this month.

Any assistance you can offer is appreciated. I am reading as much as I can on this, so I don't ask any dumb or repeat questions. Thanks!

Edited by mags1023, 02 August 2009 - 08:39 AM.


#2 purple

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Posted 02 August 2009 - 08:44 AM

I don't know about how to help him with his VA issues (over my head)....but for his prescription...might try going to the maker of drug's website as some of them offer financial help or free meds for folks who cannot afford their meds. It's worth a try.
Best of luck...tell him thanks for his service.

#3 Berta

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Posted 02 August 2009 - 08:51 AM

A VA "pension" is limited by income and could amount to no change at all in his financial situation.

If you mean compensation-has he formally filed a 21-526?
Do you have his SMRs?
There could be a nexus to something he is disabled by now-

Does he have Medicare?They offer Medicare ,which is deducted from SSA checks after 2 years of being on SSA disability.

What did SSA award disability payments for when he was 50 years old?

In 2001 the VA dropped a required P & T rating for pensions purposes in any vet over 65 years of age.
Still I believe he might not be qualified for a VA pension based on the income you told us about here.

VA will make the determination based on the 21-526 as this form is not only for comp but also for pension consideration.

I wonder if SSA might have some of his old medical records since their decision was made quite some time ago.

He needs a medical nexus to his service,with documentation to prove this and also he might need proof of chronicity.

#4 Commander Bob

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Posted 02 August 2009 - 08:59 AM

I am now working on my Father-in-laws claim for pension and have zero experience at this part of the VA system. He is 87 years old and was in over 90 days during the war 1945-47 (actually in country at Germany). His only income is social security and his wife's social security. They have no property, house or much savings (about $15,000). He is treated by the VA, but has to pay the co-pay. He has been disabled for many years, because he has back/spine issues (fusions) and diabetes. He was forced to retire on social security at around 50. He is not receiving any VA compensation. I talked with him at length about his WWII service and that is where he originally injured his back, but he never went to the military doctors. You know how it goes, he just sucked it up and lived through the pain. So, I am sure I can't get him any compensation for his injuries, but I am hoping to get him qualified for a pension. His doctor has ordered a nurse to come in a couple of times a week. Would this qualify him for A&A. I am sure I can get his doctor to produce a letter for him explaining his conditions. Also, he has been receiving Plavix from the VA for a year and making his co-pay. His cardiologist wants him to stay on Plavix, but VA says they feel it is only effective for a 12 month period, so they will no longer provide him with it. He had to pay $164 for his prescription this month.

Any assistance you can offer is appreciated. I am reading as much as I can on this, so I don't ask any dumb or repeat questions. Thanks!



Has he ever filed for SC disability for his in-service back injury? Is he sure he was never treated by a medic or go to sick call, back in WWII for the back injury? Was it noted in a daily company report? He (you) can send off for his military records and see if by chance any thing is noted. However a fire at the records center in St. Louie, back in the 1970's burned some WWII vets records. I would file a claim for SC, ASAP with a "Statement in support of Claim" by your father-law, and then start searching back in the archives. At his age the award letter could come posthumously. Best wishes to you and your family.

#5 mags1023

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Posted 02 August 2009 - 10:09 AM

Thanks Purple, Berta and Commander Bob:
I am positive he never filed for comp with VA. He is stubborn and proud, but now that the VA is refusing to cover his Plavix, I think I have him convinced to file for the pension. I believe he would qualify for A&A which, if I am reading everythin right, would put his income max at $23,396 under the improved disability pension rates table on the VA web site. I think once we deduct all of his and her qualified medical expenses, their income would be significantly below the $23,396.

Berta, yes he and she use their medicare and I believe that is deducted from their SSA. Not sure if they have his SSA award info any longer, but that is a good idea ( I believe it was his back that he got SSDI for). I think it is a real long shot to get any info on his injury during his WWII service. The chronicity would not be a problem as he has hade several surgeries over the years. It just irks me that he didn't do anything about it and just lived through the pain. He could have been receiving VA comp all of these years! I am sure they didn't encourage them to take advantage of the VA back then either, but like we all here on hadit now, you have to take care of yourself.
Like I said, he is one of those proud old guys who didn't want a hand out and would handle things on his own and felt that the VA would honor their end of the deal. Well now he is realizing who and what he is dealing with. That $160 bucks a month for just one prescription hurts! And as you can imagine, he is on all types of drugs. I think he is up to 17 pills a day and that doesn't include his insulin. I believe his co-pay is around $140 a month to VA.

Thanks again for your help. He really appreciates it. I will look into the many suggestions here and will eventually get him something for what he did for our country.

#6 sharon

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Posted 02 August 2009 - 10:11 AM

I am now working on my Father-in-laws claim for pension and have zero experience at this part of the VA system. He is 87 years old and was in over 90 days during the war 1945-47 (actually in country at Germany). His only income is social security and his wife's social security. They have no property, house or much savings (about $15,000). He is treated by the VA, but has to pay the co-pay. He has been disabled for many years, because he has back/spine issues (fusions) and diabetes. He was forced to retire on social security at around 50. He is not receiving any VA compensation. I talked with him at length about his WWII service and that is where he originally injured his back, but he never went to the military doctors. You know how it goes, he just sucked it up and lived through the pain. So, I am sure I can't get him any compensation for his injuries, but I am hoping to get him qualified for a pension. His doctor has ordered a nurse to come in a couple of times a week. Would this qualify him for A&A. I am sure I can get his doctor to produce a letter for him explaining his conditions. Also, he has been receiving Plavix from the VA for a year and making his co-pay. His cardiologist wants him to stay on Plavix, but VA says they feel it is only effective for a 12 month period, so they will no longer provide him with it. He had to pay $164 for his prescription this month.

Any assistance you can offer is appreciated. I am reading as much as I can on this, so I don't ask any dumb or repeat questions. Thanks!



Have your father's cardiologist address this to the doctor at the VA. (Doctor to doctor) Plavix can be prescribed as life time therapy. Appeal the decision not to provide the medication as it is causing a hardship. Also ask his cardiologist for samples while the procoss is taking place.

Your father meets all the criteria for pension at the time with the exception of income (to be determined). You did not state how much his and your mother's social security amount to. There are income adjustment made for medical expenses. He will have to receive a rating for A&A.

#7 deltaj

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Posted 02 August 2009 - 03:02 PM

V.A. does have a benefit called non service connected disability pension for veteran's who are totally disabled from a nonservice connected condition. That benefit does have income limits and income is reduced by medical bills. They also have another benefit called combat pension and I don't know if that program has income limits. I seem to remember that veteran's with a purple heart are eligible for medical treatment through V.A. Does your dad have his DD214 discharge papers or are they recorded at any county courthouse recorder's office? This is an important question because a lot of veteran's had their service records burn at the National Personnel Records Center. What about enrolling him in Medicare Part D prescription benefits? Have you checked on this with Medicare so he will have reduced drug costs?

Edited by deltaj, 02 August 2009 - 03:03 PM.


#8 sharon

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Posted 02 August 2009 - 03:56 PM

§3.3 Pension.



(a) Pension for veterans.



(1) Service pension; Spanish-American War. A benefit payable monthly by the Department of Veterans Affairs because of service in the Spanish-American War. Basic entitlement exists if a veteran:



(i) Had 70 (or 90) days or more active service during the Spanish-American War; or



(ii) Was discharged or released from such service for a disability adjudged service connected without benefit of presumptive provisions of law, or at the time of discharge had such a service-connected disability, shown by official service records, which in medical judgment would have justified a discharge for disability. (Authority: 38 U.S.C. 1512)



(2) Section 306 pension. A benefit payable monthly by the Department of Veterans Affairs because of nonservice-connected disability or age. Basic entitlement exists if a veteran:



(i) Served 90 days or more in either the Mexican border period, World War I, World War II, the Korean conflict, or the Vietnam era, or served an aggregate of 90 days or more in separate periods of service during the same or during different war periods, including service during the Spanish-American War (Pub. L. 87-101, 75 Stat. 218; Pub. L. 90-77, 81 Stat. 178; Pub. L. 92-198, 85 Stat. 663); or



(ii) Served continuously for a period of 90 consecutive days or more and such period ended during the Mexican border period or World War I, or began or ended during World War II, the Korean conflict or the Vietnam era (Pub. L. 87-101, 75 Stat. 218; Pub. L. 88-664, 78 Stat. 1094; Pub. L. 90-77, 81 Stat. 178; Pub. L. 91-588, 84 Stat. 1580; Pub. L. 92-198, 85 Stat. 663; Pub. L. 94-169, 89 Stat. 1013; Pub. L. 95-204, 91 Stat. 1455); or



(iii) Was discharged or released from such wartime service, before having served 90 days, for a disability adjudged service connected without the benefit of presumptive provisions of law, or at the time of discharge had such a service-connected disability, shown by official service records, which in medical judgment would have justified a discharge for disability; and



(iv) Is permanently and totally disabled (a) from nonservice-connected disability not due to the veteran’s own willful misconduct or vicious habits, or (:D by reason of having attained the age of 65 years or by reason of having become unemployable after age 65; and



(v) (a) Is in receipt of section 306 pension; or



(:D Has an application for pension pending on December 31, 1978, or

© meets the age or disability requirements for such pension on December 31, 1978, and files a claim within 1 year of that date and also within 1 year after meeting the age or disability requirements.



(vi) Meets the income and net worth requirements of 38 U.S.C. 1521 and 1522 as in effect on December 31, 1978, and all other provisions of title 38, United States Code, in effect on December 31, 1978, applicable to section 306 pension.



Note: The pension provisions of Title 38 United States Code, as in effect on December 31, 1978, are available in any VA regional office.



(3) Improved pension; Pub. L. 95-588 (92 Stat. 2497). A benefit payable by the Department of Veterans Affairs to veterans of a period or periods of war because of nonservice-connected disability or age. The qualifying periods of war for this benefit are the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era and the Persian Gulf War. Payments are made monthly unless the amount of the annual benefit is less than 4 percent of the maximum annual rate payable to a veteran under 38 U.S.C. 1521(:D, in which case payments may be made less frequently than monthly. Basic entitlement exists if a veteran:



(i) Served in the active military naval or air service for 90 days or more during a period of war (38 U.S.C. 1521(j)); or



(ii) Served in the active military, naval or air service during a period of war and was discharged or released from such service for a disability adjudged service-connected without presumptive provisions of law, or at time of discharge had such a service-connected disability, shown by official service records, which in medical judgment would have justified a discharge for disability (38 U.S.C. 1521(j)); or



(iii) Served in the active military naval or air service for a period of 90 consecutive days or more and such period began or ended during a period of war (38 U.S.C. 1521(j)); or



(iv) Served in the active military, naval or air service for an aggregate of 90 days or more in two or more separate periods of service during more than one period of war (38 U.S.C. 1521(j)); and



(v) Meets the net worth requirements under §3.274 and does not have an annual income in excess of the applicable maximum annual pension rate specified in §3.23; and



(vi) (A) Is age 65 or older; or



(:D Is permanently and totally disabled from nonservice-connected disability not due to the veteran’s own willful misconduct. For purposes of this paragraph, a veteran is considered permanently and totally disabled if the veteran is any of the following:



(1) A patient in a nursing home for long-term care because of disability; or

(2) Disabled, as determined by the Commissioner of Social Security for purposes of any benefits administered by the Commissioner; or



(3) Unemployable as a result of disability reasonably certain to continue throughout the life of the person; or



(4) Suffering from:



(i) Any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the person; or



(ii) Any disease or disorder determined by VA to be of such a nature or extent as to justify a determination that persons suffering from that disease or disorder are permanently and totally disabled. (Authority: 38 U.S.C. 1502(a), 1513, 1521, 1522)


The only pension that you can apply for now is improved pension.