This can't be right

Discussion in 'Share Your Personal Experience' started by mm3545, Jan 9, 2009.

  1. mm3545

    mm3545 Newbie

    I spoke to VA today and they told me that my retired Navy Captain father is not entitled to A&A because he gets a Navy retirement and not a VA retirement. They went on to tell me that he can stop his Navy retirement and apply for a VA retirement, but probably wouldn't qualify as his income would be too much. He was commissioned in June 1941, active throughout WWII and continued active/reserve until his retirement in 1976. He is 91.

    Now, he's beginning dementia and needs home care for personal needs and meals, which I cannot give as I live in another state and he refuses to move. His mind is clear most of the time and I really don't want to uproot him and take him away from his health providers and his familiar surroundings.

    Surely the information I received today is wrong.

    Can someone either confirm this or give me some direction?
  2. vetadmin

    vetadmin Administrator Staff Member

    Hopefully this will help to clarify the issue for you.

    If the veteran is receiving service-connected compensation then he would have to waive an equal portion of his military retired pay but _*not*_ if he is applying for non-service connected pension. Either the VA employee misunderstood the facts or they just didn't know the correct answer. I would go with the second option.

    Here's what the regulations state:

    /*38 CFR Section 3.750*

    (4) Improved Pension. A veteran may receive improved
    pension and military retired pay at the same time without having
    to waive military retired pay. However, in determining
    entitlement to improved pension, VA will treat military retired
    pay in the same manner as countable income form other sources.

    Good luck.

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