makes the NY Times!

Discussion in 'General Discussion' started by vetadmin, Sep 19, 2012.

  1. vetadmin

    vetadmin Administrator Staff Member

    We are very proud to have been contacted by the NY Times for this article. Two of our forum members were able to contribute and share their experiences as well.

    Here's to hoping this will help to spread the word and inform other veterans and their families about this pension!

    If you have the time, please take a moment to make a comment on the article, and how has been helpful to you in this process. We would like to generate as much interest in the topic as possible.

    Thank you!
  2. suse

    suse Jr. Member

    A great article for a great cause!!!! I know your parents are so proud of your efforts that has touched so many lives and will continue to do so for years to come. While it didn't come in time for them you have changed the lives of countless veterans and their loved ones. Thank you

  3. vetadmin

    vetadmin Administrator Staff Member

    Thank you!!
  4. Fillise

    Fillise Newbie

    Great article! Glad to see Deb and this site getting some attention.
  5. vetadmin

    vetadmin Administrator Staff Member

  6. bryndle821

    bryndle821 Newbie

    Are you sure the VA automatically classifies a veteran as "totally disabled" once they turn 65? I've never heard of this and would like to see a link so that I can read it for myself..sounds a little strange.
  7. vetadmin

    vetadmin Administrator Staff Member

    Yes, I'm sure. Not service connected disabled, but for VA purposes, you are not going to be drafted or deployed. 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, 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).
  8. bryndle821

    bryndle821 Newbie

    The "catch" if you will, is the income requirements. When applying for non-service connected pension, unlike service-connected compensation, income is included, dollar for dollar when determining eligibility. Basic example, if your pension entitlement is $1,000 but you get say, $800 from social security, you are then only entitled to $200 in pension from the VA. The article is just a little misleading in that all veterans, 65 and older, are entitled to the larger amount of pension benefits. Also, it's good to know that your medical expenses, medication co-pays, etc., can also be decucted from the income amount.
  9. vetadmin

    vetadmin Administrator Staff Member

    The journalist who did the interview with us was limited to the number of words, so some things were not expanded on with a better clarification.

    The intention was to make folks aware of the pension and to give them a resource to learn more by visiting our site.
    For those veterans who never turned to the VA for anything, they have no idea this pension even exisits or that being 65 makes them "eligible" but does not mean they financially qualify.

    We have a Tips and Resources tab here on the forums where you can determine what your "countable" income is for VA purposes and what is an allowable medical deduction that brings that income for most down to zero or negative if they are paying for care and services.

    Most folks here are not dealing with the Basic level of Improved Pension.

Share This Page