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.
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…
Report to the VA with an assisted living facility letter and a revised medical expense report (form 21-8416). But, if the pension amount is not affected, you may wait until the next EVR to report the change. However, if the pension amount is improved or decreased due to the relocation of the surviving spouse, report it immediately. To increase your monthly income, please contact us about a FREE VA benefits HANDBOOK, written by David Wingate, an accredited VA Attorney, of Senior Life Care Planning, LLC, go to info@seniorlcp.com or if you require additional information about VA Benefits, visit our Maryland…
Are you a Vietnam Veteran who suffers with (or the loved one of a veteran who died of) Parkinson's disease, ischemic heart condition, or a B-cell leukemia or another condition that can be linked to one of these? Did you (the veteran) or the deceased veteran serve in the Republic of Vietnam, the waterways of Vietnam, or on the Korean DMZ any time from January 9, 1962 thru May 7, 1975? Did you (the veteran), the deceased veteran, or the deceased surviving spouse (or deceased child or parent) previously file a claim for benefits based upon the veteran having…
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…
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…
Being married during service is not relevant. However, widow must be married to veteran for at least one year or have had a child by him if married less than one; living with him throughout the marriage and at the time of death to qualify for either pension or DIC. To increase your monthly income, please contact us about a FREE VA benefits HANDBOOK, written by David Wingate, an accredited VA Attorney, of Senior Life Care Planning, LLC, go to info@seniorlcp.com or if you require additional information about VA Benefits, visit our Maryland Veterans Benefits website. Please review our Blog…
If you file an appeal on behalf of a veteran regarding service connected injury, asserting that VA failed to fulfill its duty to assist the veteran when it failed to obtain complete disability records from a government agency i.e. Social Security Administration (SSA). The outcome is favorable, as long as a reasonable possibility exists that SSA and other medical records are relevant to the veteran’s claim, the VA is required to assist the veteran in obtaining the identified records. However, Congress has placed reasonable limits on the VA’s duty to assist. Consequently, the VA is not required to obtain records…
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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