VA wants to reduce my father's pension becasue his Soc Sec went up this year by $5. What???

Discussion in 'General Discussion' started by SickofVA, Dec 7, 2017.

  1. ARNGUS

    ARNGUS Newbie

    @SickofVA - I am sorry to hear about your father's situation, but you really should have mailed a Statement in Support of Claim, even if there's the slightest possibility of a potential disagreement. The letter issued by the VA even states such.

    If I were in your shoes, I would consider speaking to an accredited representative (Veterans Service Organization/VSO) in your area to determine if your dad is eligible for the full allotted amount, assuming you're a fiduciary with consent to speak on his behalf. It sounds to me as though he should be with $4k/month in medical expenses.

    Your State Senator can only do so much. This is the federal Government we're talking about. This needs to be dealt with by somebody highly knowledgeable in the field of processing claims with the Department of Veterans Affairs.

    Please don't take this personally (and do pardon my French), but pissing off the VA caseworker handling your father's claim will get you nowhere. There are hundreds of thousands of Veterans with disabilities that have been waiting years for a decision. Your father is just one of many.

    Though, I do wish you the best of luck.

    ---

    @toxdoc49 - The VA is required by law to give you 60 days from the date of the actual letter in order to provide any necessary supporting documentation. If it just so happens that you need more time, then you could simply call the toll-free number provided and explain your situation. They will probably grant you an extension depending on the circumstances.

    FYI: The VA works in conjunction with SS. Whatever is earned (or unearned, whatever the case may be) is usually known, even if the VA does tend to miscalculate figures from time to time regarding the Aid and Attendance program. Always a good idea to report changes regarding income and assets.
     
  2. SickofVA

    SickofVA Newbie

    It was my Senator (federal) and it worked, and it was the only thing that did. I don't know why you think I am "pissing off the VA caseworker". There is nothing in my posts to indicate that is the situation. I am not going to waste my time on $5. They can keep it. I already spoke with a Vet organization when I first made his claim and they were great. I am not going to bother them again. Dealing with the VA has already affected my health because of all the stress I was subjected to. Please do not make assumptions about a very complicated situation of which you do not know all the details. My father is my most important priority and I will always do what is best for him. The VA is second. End of discussion.
     
  3. VA Legal Team

    VA Legal Team Full Member

    I know I’m late to this thread, but maybe I can add a little info that might help in the future.

    As the OP alluded to, the only people that receive these types of adjustments are those that, a) have gross income that exceedes unreimbursed medical expenses or b) have income that does not exceed unreimbursed medical expenses BUT have income that is greater than medical expenses once their first 5% of medical expenses is excluded.

    To clarify the second example: the VA does not count the first 5 percent of the MAPR (maximum annual pension rate) as a medical expense. Hypothetically, if the MAPR was $20,000, the VA wouldn’t count the first $1000 of annual medical expenses. So a veteran could have income that’s less than medical expenses and still not receive the max pension.

    Hopefully that explanation makes sense.
     
  4. SickofVA

    SickofVA Newbie

    Thanks for your response. They have not changed his pension since they sent my the letter. Then yesterday there was $17 magically added to his account from the VA with no explanation, so I have no ideas what that was for. He is only getting about$16,000/year from his VA pension, and that along with his SocSec plus a small reimbursement from a LTC policy barely covers his assisted living expenses, and does not cover anything else. When his LTC policy runs out shortly, there will not be enough to pay for his expenses, so I don't know what I will do then.
     

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