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 Vallarta Living | Veteran Affairs | August 2006 
Vets May Qualify for Extra Medical Benefits
 David Lord - PVNN
| | David Lord provides service to veterans at no fee. Veterans are welcome to drop in and discuss claims/benefits to which they are entitled by law at his office located at Bayside Properties, 160 Francisca Rodriguez, tel.: 223-4424, call him at home 299-5367, on his cell: 044 (322) 205-1323, or email him at david.lord@yahoo.com. |
Veterans with medical problems may qualify for additional benefits. The US Court of Appeals for Veterans Claims has recently released a decision concerning special monthly pension based on permanent housebound status. In Hartness v. Nicholson, 04-0888 (July 21, 2006,) the Court has ruled that the BVA has failed to apply 28 U.S.C. § 1513 when considering special monthly pension under section 1521(e). The Court reversed the BVA and remanded this matter back to the Board to apply all the statutes applicable to this claim and then make an income determination for eligibility for NSC pension.
What makes this case interesting is the fact that the Court determined that 38 USC. § 1513 (65 year old rule) excludes the criteria for permanent and total rating usually needed for SMP (housebound) and stated that because the veteran is at least 65 years old and has a minimum 60 percent disability rating or is considered permanently housebound for non-service connected disabilities, he meets the requirements for special monthly pension benefits, regardless of the total and permanent criteria.
Note: Where a veteran is 65 years old or older and seeks, or is receiving, pension, Service Officers should review the evidence to determine if he/she also has disabilities combining to 60 percent or more or is permanently housebound. If so, submit a claim for SMP since the requirement of a single 100 percent disability is not a threshold for the award of SMP (housebound) in cases where the veteran is 65 years old or older.
Comment: Obtaining SMP for A&A under this approach may be a problem. In fact, VA may be reluctant to order an examination if it appears that he/she does not have an obviously total disability. You can help convince them to do an examination by presenting both medical and lay evidence that shows that he/she cannot perform the functions of daily living without the assistance of another person.
If a Veteran dies the Survivor has benefits for minimum income even if they are not an American Citizen.
Most folks are not aware that all US Veterans survivors are entitle to benefits for a minimum income. Tens of thousands of widows are eligible for this minimum income for Survivor Benefits according to Section 305 of the Veterans Benefits Improvement Act of 2004 amended 38 U.S.C. 5110.
Your Veteran must have served at least ninety days (90) on active duty and one of those days must have been during a period of War, (most always except for the years 47,48, 49, and 57, 58, 59 60 61). They must have other than a dis-honorable discharge to receive benefits.
All outside income is considered, you cannot exceed the US Governments guidelines for outside income. The pension will amount to only $7,400.00 per year, less any other income from Social Security or other monthly income. Caution; the computer matching programs can find income by searching within the US Governments tracking agencies, the I.R.S. and Social Security Agencies for example.
Effective Date of Awards
The old law that required receipt within 45 days has changed. By removing the effective date restriction for death pension in section (d)(2), which required an application to be received within 45 days from the date of death for an effective date for an award of death pension to be the first day of the month in which the death occurred.
The amendment allows the effective date for an award of death pension to be governed by the same rule as the effective date for an award of death compensation or dependency and indemnity compensation, which is that, if an application for death pension is received within one year from the date of death, the effective date of an award shall be the first day of the month in which the death occurred.
Many of you know foreign women that had US Military husbands. No matter the cause of death, no matter how long ago they died, the survivors have benefits, so please have them contact me at david.lord@yahoo.com.
 David Lord served in Vietnam as combat Marine for 1st Battalion 26th Marines, during which time he was severely wounded. He received the Purple Heart and the Presidential Unit Citation for his actions during the war in Vietnam. In Mexico, David now represents all veterans south of the U.S. border all the way to Panama, before the V.A. and the Board of Veterans Appeals. David Lord provides service to veterans at no fee. Veterans are welcome to drop in and discuss claims/benefits to which they are entitled by law at his office located at Bayside Properties, 160 Francisca Rodriguez, tel.: 223-4424, call him at home 299-5367, on his cell: 044 (322) 205-1323, or email him at mophmx@@yahoo.com or david.lord@yahoo.com.
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