Permanent and Total | VA Disability Benefits

VA Disability Group's Casey Walker talks about VA Disability Benefits and Permanent and Total Screen Replaced. If you'd like more information or help with your claim, please contact us at vadisabilitygroup.com or call (844) VET-LAWS.

[@travelwithcraig1]

The Gray area highlighted and since it is so Gray I am in full agreemrnt to not work and get thr spotlight on oneself. Work life has ended. You eould think they would like the Vet to work even a little for a healthy outlook but apparently not, it was a battlr to get to this point, not because thry are frirndly to us but rsgher we must fight tooth and nail and one day when it goes full circle it becomes undeniable. Thanks for your input.

[@VADisabilityGroup]

Agree that it would be helpful psychologically for many of these veterans to work a little, but the system tends to frown on employment. Your conclusion to avoid the potential scrutiny is wise.
All the best!

[@travelwithcraig1]

One Million Dollar Question for you. Can a Vet Rated at 100% P&T with SMC L1/2 with Aid & Attendance still work from home on the phone selling life insurance, granted conditions fluctuate from day to day but can a Veteran work under this rating (Part Time) under these circumstances without loosing his current pay status?
As stated there is no way I can work efficiently on a regular basis but writing a few policies a month considered gameful employment?
Were can I find the VA rules on this specific circumstance. Thank You

[@VADisabilityGroup]

Here's the short answer: We wouldn't advise it.
The VA has access to federal government databases demonstrated reported earned income. Even if your work is negligible, it will trigger unwanted scrutiny. We strongly advise against it to avoid scrutiny and a potential reduction.
However, for the sake of discussion, we will give you some insight into your question. Please understand it's not identical to your SMC situation, but it's comparable and probative to the question..............
Based on the relevant passages provided, it appears that a veteran who is receiving special monthly compensation (SMC) for aid and attendance under 38 U.S.C. §1114(r) can earn income while receiving that benefit.
The passages state that SMC (r-1) provides an additional monthly aid and attendance allowance to a veteran who is entitled to compensation under 38 U.S.C. §1114(o) or §1114(p) and who meets the requirements for the regular aid and attendance allowance under 38 C.F.R. §3.352(a). This suggests that receipt of the SMC (r-1) aid and attendance allowance is not contingent on the veteran having no other income.
In summary, the relevant passages do not preclude a veteran from earning income while receiving SMC aid and attendance benefits. The eligibility criteria focus on the veteran's level of care needed rather than outside income.

[@ronaldhaugen5967]

What is considered advanced age ,im 67 yrs, ? Thank you sir

[@VADisabilityGroup]

Short answer:
75 years = advanced age at the BVA.
85 years = advanced age at the VA.
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Here’s the long winded answer.
BVA
As a general matter, the Board is required by law to review appeals in docket order. However, the Board may advance an appeal on the docket (AOD) if the appellant demonstrates unusual hardship such as serious illness, severe financial hardship, or other sufficient cause. 38 U.S.C. § 7107(a), (b); 38 C.F.R. § § 20.800, 20.902. If you would like to request prioritization of your appeal, submit your request in writing to the Board stating the basis for your request, and include supporting documentation to factually demonstrate reasons for advancement. The following are some examples of unusual hardship or other potential sufficient cause, along with recommended supporting documentation (as all motions for advancement on the docket require claim-specific evidence of hardship):
Severe financial hardship (bankruptcy petition, home foreclosure notice, statement that the individual is experiencing homelessness);
Serious illness (physician’s statement);
Advanced age (defined as 75 years or more);
Administrative error resulting in a significant delay in docketing your appeal; and
Unusual hardship due to a natural disaster such as a hurricane, earthquake, or flood (personal statements regarding the impact of the natural disaster, newspaper clippings, pictures, FEMA declarations, etc.)
Motions for advancement on the docket, along with supporting documentation, should be submitted to the Board in writing at the address or fax number listed below. Please remember to include your name, the Veteran’s name (if different), legal representative (if applicable), and your claim number.
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VA
Listed below are categories of emergent claims requiring priority processing
• Any claimant who is
− diagnosed with Amyotrophic Lateral Sclerosis (ALS) or Lou Gehrig’s Disease
− a participant in the Fully Developed Claim (FDC) Program
− experiencing extreme financial hardship, or
− a survivor of a former Prisoner of War (FPOW).
• Any current or former member of the Armed Forces, or survivor who
− was very seriously injured/seriously injured (VSI/SI) in service and is not already receiving Department of Veterans Affairs (VA) disability benefits
− is an FPOW
− is homeless
− is terminally ill
− is more than 85 years old, or
− received the Medal of Honor.
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www.bva.va.gov/CustomerService.asp
www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part3/subptii/ch01/M21-1III_ii_1_SecD.doc