Jim,
I was told in a letter I didn't qualify for a VA pension because I started receiving Social Security Disability four months later.
I was homeless at the time.
I was applying for VA disability around the same time. So I thought. Not sure why I didn't qualify at 55%.
I am a Vietnam veteran. I have seen from searches that you can collect both SS and VA disability. Is that correct?
If I was diagnosed at 55 % how come I was not given disability? I am still confused today.
Thank you for any and all advice:
Reply:
I've reviewed all the letters you copied to me.
VA offers 2 programs for us. One is VA disability, the other is VA pension.
VA disability compensation may be awarded to veterans who have service connected disabilities. It appears that your disabilities are not service connected. If your claimed disabilities aren't caused by your service, you can't receive disability compensation. Your disabilities claimed appear to be depression and other mental health conditions.
You were honorably discharged in 1967. You worked a long career in a government agency and retired. Then it appears that you filed a claim about 30 years after your discharge for severe and well documented mental health problems. Your mental health problems did not manifest until some 30 years after your service.
You did not establish a link between 1967 military service and the 1997 claim. It appears that you were discharged in good health so there is no evidence to say that your mental health issues are connected to or caused by your service. In the following 3 decades after your ETS there is no record of any mental or physical health problem.
VA pension is for veterans who are totally disabled with conditions that are not service connected. It appears that your claimed conditions are not connected to your service. Your mental health issues are so devastating that you received SSDI quickly. So, you are eligible for pension.
Pension is awarded based on a sliding scale of any other income. Disability payments are not based on income. Yes, you may receive Social Security benefits and disability payments at the same time.
However, since you aren't eligible for disability payments, any money you receive from Social Security is counted as income. This is determined by a "means test".
When VA calculates how much money they can give you, they first have to count how much you get from any other source. Your Social Security income is too high to allow VA to pay you anything.
If you disagree with any of that, you can open a new claim with VA and seek disability compensation. As a Vietnam veteran you have some special options for any diseases caused by agent orange exposure. For example, if you have diabetes, prostate cancer or any of a number of other diseases, you can file a claim for those.
Please click http://www.vawatchdog.org/presumptive-conditions.html