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.

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