Spouse is the widow of a, killed in action, WWII veteran. She is currently married to a Korean War veteran. If she remarried, after the age of 57 and after December 16, 2003, she should be able to retain the DIC from her first husband. However, if she did not, and she becomes single again, she will obtain first husband’s DIC and CHAMPVA. Otherwise, her current husband may qualify for his own veteran’s benefits. Nevertheless, she personally does not qualify for any veterans benefits, at this moment in time.
This new form is less complex, overwhelming, and intimidating. Therefore, Veterans who pick up the form, should not be overwhelmed, and give up, as they have done in the past. Additionally, the VA is addressing the processing of applications. In the past, Veterans could wait over a year for a decision. However, a Veteran can utilize a new procedure called the Fully Developed Claims (Form 21-527EZ). Consequently, the VA’s objective is to process claims within ninety (90) days. But, the form must be fully completed, when filed. Therefore, all information regarding discharge, medical and financial records must be provided, with…
This appears to be a gray area within the VA. Although the law allows medical insurance premiums as unreimbursed medical expenses (UME), some adjudicators will deny LTC premiums. I would certainly submit them and if they are denied, send a notice of disagreement (if they are important to the outcome of the claim). I believe a good argument could be made that they are indeed “medical” insurance premiums, especially in light of the fact that assisted living is now considered to be equivalent to nursing home care for the purpose of pension plus A & A and LTC can be…
The veteran can withdraw the informal request (without giving reasons) on a statement in support of claim form (21-4138). The veteran must reference the informal request date, the date sent and state that they will apply again, OR The veteran does not request a withdrawal ahead of time, but instead (in the remarks section of the 21-526 or 21-534) request that any previous requested award date be withdrawn due to ineligibility at that time and that the first day of the next month after receiving this form (526 or 534) be given as the formal entitlement date. To increase…
In contrast to the five-step determination process for Social Security claims that requires a determination that a claimant is not earning more than substantial gainful activity ($1,000 per month for non-blind individuals in 2010 and 2011), has a severe impairment that significantly limits the ability to do work, and either meets or equals a “listed” impairment or has a “residual functional impairment” that prevents the individual from performing prior work or any other work in the national economy, eligibility for VDC benefits uses a two-step process. First, a claimant must prove that he or she is a military veteran and…
The VA has a "presumptive conditions" policy that entitles certain veterans, survivors, and dependents, to a presumption of service-connection for certain disease or conditions related to certain conflicts or military service. These include former POWs, Vietnam veterans exposed to Agent Orange, atomic veterans exposed to ionizing radiation, Gulf War veterans with undiagnosed illnesses, veterans diagnosed with certain chronic diseases within one year of release from active duty, and veterans with 90 days or more of contiguous service diagnosed with Lou Gehrig’s disease following discharge from active duty. If an injury or illness is determined to be service-related, the condition(s) are…
Distinctions between the SSDI and VDC programs make it possible for even a 100% disabled veteran to be denied SSDI coverage. VDC does not require total impairment before benefits can be awarded, nor does VDC require a claimant to be unable to work unless the claimant receives IU compensation. The average monthly VDC payment of $2,673 is more than twice that of the average $1,064 payment received by SSDI beneficiaries. Veterans who receive compensation under both programs, are not subject to any offset of one benefit against the other (CRS Order Code R41289, June 17, 2010). For more in to…
The Congressional Research Service outlines the differences between Veterans Disability Compensation program (VDC) and the Social Security Disability Insurance program under the Title II of the Social Security Act (SSDI). According to the report, these are the primary differences: SSDI is an insurance program that replaces earnings for a person whose illness or injury, which is not necessarily work-related, results in an inability to perform any substantial gainful activity. VDC is not insurance, but a compensation program that pays benefits to veterans who develop medical conditions that are related to their military service. SSDI provides both civilians and military persons…
An organization called Veterans Affairs Services (VAS) is providing benefit and general information on VA and gathering personal information on veterans. This organization is not affiliated with VA in any way. VAS may be gaining access to military personnel through their close resemblance to the VA name and seal. The VA General Counsel informs military installations, particularly mobilization sites, of this group and their lack of affiliation or endorsement by VA to provide any services. Additionally, the General Counsel requests that if you have any examples of VAS acts that violate chapter 59 of Title 38 United States Code, such…
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