Research - Rehabilitation - Re-Employment

Sgt. Shaft 05/05/2008

Dear Sgt. Shaft:
I have a question concerning Social Security and Disability from the VA. I see that Tom M., from Springfield, Va., asked a similar question.

My question is whether a veteran who was not disabled in the war but left work due to disability can draw Social Security and disability without an offset.

I'm asking this question for my older brother who is disabled. I would greatly appreciate any information you can pass along.

Thank you.

Angela H.
Virginia

Dear Angela:
A veteran who does not have disabilities attributed to his/her service may qualify for VA Improved Pension benefits. However, Improved Pension is an income-based program. There are three different categories of improved pension, each with a specific income limit.

Each level of Improved Pension has a maximum income limit. All sources of income, including Social Security disability payments, need to be reported to Veterans Affairs. Each dollar received from an outside source is one less dollar that can be paid in Improved Pension benefits. If the veteran's income is below the income limit, the difference between the veteran's annual income and the maximum annual pension benefit payable will be paid.

If a veteran's income exceeds the maximum annual pension rate, pension benefits are payable on a monthly basis. The income limits increase for each category of pension benefit if the veteran has a spouse or children.

Out-of-pocket medical expenses, which are paid by the veteran and not reimbursed from an outside source (i.e. insurance), can be used to offset income.

Shaft Notes

The Sarge joins Sen. Daniel K. Akaka, Hawaii Democrat and chairman of the Veterans' Affairs Committee, in applauding his colleagues in the Senate for passing the Veterans' Benefits Enhancement Act of 2007 by a vote of 96-1. Prior to voting on final passage of the bill, the Senate debated an amendment to remove a provision providing a limited pension for Filipino World War II veterans residing in the Philippines.

This amendment was defeated by a vote of 56-41, with Mr. Akaka leading the charge for the Filipino veterans' pension.

"The Filipino veterans of World War II fought bravely under U.S. military command, helping us win the war only to lose their veteran status by an act of Congress. I commend my colleagues for supporting those veterans who stood with us," Mr. Akaka said.

The Veterans' Benefits Enhancement Act of 2007 would provide a veterans pension to Filipino veterans of World War II residing in the U.S. and in the Philippines. Under the proposed bill, veterans residing in the Philippines would receive a smaller pension than those residing in the U.S., to account for differences in cost of living in the two countries.

House Veterans' Affairs Committee Chairman Bob Filner, California Democrat, also commended the Senate action, saying he was grateful to Mr. Akaka for his leadership in recognizing Filipino veterans for their contributions to the successful outcome of World War II.

"For more than 60 years, a wrong has existed that must be righted. The Rescission Act of 1946 took away rightfully earned benefits and the honor and respect due these veterans who served our country."

The bill now moves to the House of Representatives.

Mr. Filner also recently added his support to the Post-9/11 Veterans Educational Assistance Act of 2007, another veterans benefit due for reform.

"More than 60 years have passed since the enactment of the Servicemen's Readjustment Act of 1944. Last Congress marked the 20th anniversary of the Montgomery G.I. Bill, an equally important measure that updated the original G.I. Bill. I strongly believe the time is right for a new G.I. Bill.

"A number of different bills have been proposed to address the needs of our veterans. I believe that S. 22, the Post-9/11 Veterans Educational Assistance Act of 2007, is the best blueprint for a new system. Although there is more work to be done in improving G.I. Bill benefits for our veterans, I believe this bill puts us on the best path forward."

Send letters to Sgt. Shaft, c/o John Fales, P.O. Box 65900, Washington, D.C. 20035-5900; fax to 301-622-3330; call 202-257-5446 or email sgtshaft@bavf.org.

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