How is a NSC Veteran determined 100% disabled?
The requirement for a veteran to qualify for NSC pension is that he/she be either 65 years of age or older OR 100% disabled as defined as the following:
38 CFR §3.3 (3) (vi)
(B) Is permanently and totally disabled from nonservice-connected disability not due to the veteran's own willfull 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.Tags: 100% disability, disabled veteran, NSC pension, permanently and totally disabled, VA, VA benefits, veteran