Yes, I'm sure. Not service connected disabled, but for VA purposes, you are not going to be drafted or deployed.
220.127.116.11.5 Special Rules for Pension Claimants Age 65 or OlderBefore the passage of the Consolidated Omnibus Budget Reconciliation Act of 1990,191 no rating was required when a veteran age 65 or older applied for pension because these veterans were conclusively presumed to be permanently and totally disabled for pension purposes. Therefore, in claims for pension filed before October 31, 1990, no disability rating was required for a veteran age 65 or older to be granted entitlement to pension.l92
For claims filed between October 31, 1990, and September 19, 200 I, the Consolidated Omnibus Budget Reconciliation Act of J990 eliminated the presumption of permanent and total disability for veterans age 65 or older. As a result, during this period, the V A was required to prepare disability ratings to establish permanent and total disability for all veterans applying for pension, including those age 65 or older.
The conclusive presumption of permanent and total disability was reinstated in September 2001. A disability rating is not required for a veteran age 65 or older to be granted entitlement to pension. 193 Permanent and total disability is presumed for any veteran age 65 or older whose claim for pension is adjudicated after September 17, 2001.194 As explained in Section 18.104.22.168.1.1, many of these veterans may be entitled to SMP HB benefits as well.
191. Pub. L. No. 101-508, § 8002(b), 104 Stat. 1388 ( 1990). See 38 U .S.C.S. § 1502.
192.38 C.F.R. § 3.342(a) (2011).
Pub. L. No. 107-103, § 207 added Section 1513 to Title 38. Section 1513 permits the VA to pay pension benefits to veterans age 65 or older as long as these veterans meet the service, income and net worth requirements.194.
Pub. L. No. 107-103, § 207, 38 C.F.R. 3.3 (20 II). 38 C.F.R. § 3.3 was amended to reflect this change. 68 Fed. Reg. 34,539 (June 10,2003).