Jump to content



Search



Advertise Here

 

Toggle shoutbox Shoutbox Open the Shoutbox in a popup

@  Tbird : (22 October 2014 - 05:26 AM) Britton Sent You A Pm
@  britton : (21 October 2014 - 10:05 PM) Tbird, I Sent A Donation To Hadit Via Pay Pal...i Hope You Got It?
@  raven316 : (21 October 2014 - 01:59 PM) Glasses
@  iceturkee : (20 October 2014 - 06:50 AM) Good Luck Plum
@  Notorious Kelly : (19 October 2014 - 06:32 AM) I Wish You All The Best With That, Plum!
@  me.plum : (18 October 2014 - 01:09 PM) Hearing For Bva 11-19 At 8:30 Wow!!! Thanks Everyone!!!
@  Tbird : (18 October 2014 - 12:30 PM) Buckeye46 Thank For Contributing Our Fund Raiser
@  Notorious Kelly : (17 October 2014 - 02:11 PM) Impressive Site, Kimmy. I Bookmarked. Thanks! :)
@  Kimmy : (17 October 2014 - 08:31 AM) I Recently Discover The Site. It Is Very Detailed With Info On Conditions And Ratings.
@  Kimmy : (17 October 2014 - 08:28 AM) Has Anyone Here Been To This Site? Http://www.militarydisabilitymadeeasy.com/
@  Tbird : (17 October 2014 - 08:06 AM) Snake Eyes Thank You For Remembering Us. Congratulations On Your Retro.
@  Snake Eyes : (16 October 2014 - 07:04 PM) Thinking Of Donating A Portion Of My Retro On Next Claim. Smaller Amount Coming Beginning Of November. Thanks For The Good Work!
@  britton : (13 October 2014 - 06:13 AM) Hi There T Bird Shout Backatcha
@  Tbird : (13 October 2014 - 06:04 AM) Britton Ahoy There Matey Give You A Shout Out Back
@  Tbird : (13 October 2014 - 06:00 AM) Thank You Michael M For Your Contribution To Our Funding Campaign
@  Tbird : (13 October 2014 - 05:57 AM) Thank You Elliot K For Your Contribution To Our Funding Campaign
@  Timothy11 : (12 October 2014 - 05:58 PM) Retro Pay
@  britton : (12 October 2014 - 10:10 AM) Hey Everyone!!!......i Give A Shout!!!.......:)
@  Notorious Kelly : (11 October 2014 - 04:18 PM) Hey- There's Britton Right On Top Of The Dealy Bobber!
@  britton : (11 October 2014 - 08:47 AM) Hi Everyone! I Enjoy Reading This Site &please Remember M Fellow Veteran Brothers & Sisters Knowledge Is Power!

Photo

Va Fl 06-28


This topic has been archived. This means that you cannot reply to this topic.
No replies to this topic

#1 fanaticbooks

 
fanaticbooks

    HadIt.com Elder

  • Content Contributor
  • PipPipPipPipPipPipPip
  • 515 posts
 

Posted 28 November 2010 - 04:31 PM

NOTE: Go to pinned topic, this forum, for index of all letters available.

Attached File  VA Fast Letter 06-28.pdf   76.81KB   17 downloads


DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Washington, D.C. 20420



December 22, 2006



Director (00/21)

All VA Regional Offices and Centers



In Reply Refer To: 211A

Fast Letter 06-28



SUBJ: Hartness v. Nicholson



This letter contains guidance for adjudicating special monthly pension (SMP) cases where the veteran is 65 years of age or older.





Background



On July 21, 2006, the U.S. Court of Appeals for Veterans Claims (CAVC) issued a decision in the case of Hartness v. Nicholson (2006). The veteran had been found entitled to non-serviceconnected disability pension benefits under the provisions of title 38 U.S.C. 1513(a) based on being over age 65. He subsequently submitted a private medical report in support of a claim for SMP. He was determined to be 70 percent disabled due to loss of vision and entitlement to SMP was denied. The CAVC reversed a May 2004 Board decision affirming the denial and remanded the matter to the Board.



The CAVC determined that the Board erred because it failed to apply section 1513(a) when considering whether Mr. Hartness was entitled to SMP under title 38 U.S.C. 1521(e). The CAVC held that "application of section 1513(a) results in the exclusion of the permanent-and-totaldisability requirement in section 1521(a) and (e) when considering whether a veteran 65 years of age or older is entitled to non-service-connected disability pension." The CAVC interpreted section 1513(a) as requiring an award of SMP to a wartime veteran "if, in addition to being at least 65 years old, he or she possesses a minimum disability rating of 60 percent or is considered permanently housebound as defined under 38 U.S.C. 1502."




Advertise Here

 




Advertise Here