A WHITE Caucasian US Marine Corps veteran was granted disability pension benefits with Aid and Attendance effective February 1, 2014, by Rating Decision dated April 28, 2014, of the Department of Veterans Affairs, St. Paul, MN Pension Management Center.
He is a veteran of the Vietnam Era, who served in the Marine Corps from September 3, 1970 to January 26, 1972.
His monthly entitlement amount is $2,085.00, starting February 1, 2014, based on $0.00 countable income, after using his medical expenses of $37,800.00, representing the amount he pays for assisted living as a continuing deduction.
He has no annual earnings nor retirement income, but for his annual Social Security of $18,024.00, and $11,712 for his spouse.
He was represented by the Author, who prepared, filed on January 7, 2014, and handled his VA Form 21-526, Veteran’s Application for Compensation and/or Pension, with voluminous supporting documents, up to the Rating Decision of April 28, 2014.
Reasons for decision
The Vietnam veteran, whose identity is withheld to protect his privacy, is a resident of Ventura, California. He is 63 years old and disabled due to chronic lumbosacral neuro-radiculopathy hypertension, chronic pulmonary disease, diabetic mellitus type II, diabetic neuropathy, and intestinal resection.
He was granted entitlement to special monthly pension based on the need for aid and attendance, because the evidence shows that he requires the assistance of another person with the activities of his daily living.
Indeed, the medical evidence revealed that he needed the assistance of another person with the activities of daily living which include preparing meals, feeding, bathing, managing medication, ambulating, leaving his immediate environment, and protecting himself from the hazards of daily living.
The Author, a VA-benefits certified attorney, prepared the caregiver agreement with the veteran’s spouse who takes care of him.
Condition affecting right to payments
The rate of aid and attendance depends upon the amount of family income, net worth, and the number of dependents.
Veterans receiving aid and attendance pension may have their rate of pension reduced to the household rate as of the first day of the second calendar month following the month of admission in a hospital VA domiciliary or nursing home care at government expense.
Benefits will be discontinued effective the 61st day of incarceration in a Federal, State, or local penal institution following conviction for a felony or misdemeanor. But a spouse or defendant children may be entitled to benefits at the death pension rate which would continue until the incarceration has ended.
There are severe penalties including fine or imprisonment or both for fraudulent acceptance of payments not entitled to.
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The Author, Roman P. Mosqueda, aside from a VA-Benefits Certified Attorney, has done pro-bono work for Filipino World War II veterans. He is the Chairperson of the Board of Advisors of Asian Pacific Centers for Treatment and Counseling, the largest fee-for-service, private agency for mentally-ill in the United States, based in Los Angeles County. Send comments, inquiries to [email protected], or call (213) 252-9481 for free consultation appointment. Visit his website at www.mosquedalaw.com and EzineArticle.com to read his other articles.
