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BASIC SERVICE OFFICER TRAINING SEPTEMBER 7, 2011 NON-SERVICE CONNECTED PENSION DON SMITH - INSTRUCTOR. BASIC PENSION (Overview of Topics). PURPOSE HISTORY CURRENT PENSION (PL 95-588) PENSION ELIGIBILITY

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BASIC SERVICE OFFICER TRAINING

SEPTEMBER 7, 2011

NON-SERVICE CONNECTED PENSION

DON SMITH - INSTRUCTOR

basic pension overview of topics
BASIC PENSION(Overview of Topics)
  • PURPOSE
  • HISTORY
  • CURRENT PENSION (PL 95-588)
  • PENSION ELIGIBILITY
  • WARTIME PERIODS
  • DISABILITY REQUIREMENTS
overview cont
Overview Cont.
  • INCOME REQUIREMENTS
  • NET WORTH REQUIREMENTS
  • COMPUTATION OF PENSION RATE
  • MEDICAL EXPENSES
  • ANNUAL REPORTING (EVR’S)
  • UNDERSTANDING RATE CHART
purpose of va pension
PURPOSE OF VA PENSION
  • Pensions were intended to relieve distress from disability and destitution among the aging population of veterans and surviving spouses. Today VA’s pension has evolved into what is now know as non-service connected pension to provide a level of financial support to wartime veterans or their widows.
history of pension
HISTORY OF PENSION
  • OLD, OLD LAW PENSION FEW, IF ANY LEFT
  • SECTION 306 PENSION

(SOMETIMES REFERED TO AS OLD LAW PENSION)

-INCOME BASED

-FIXED MONTHLY AMOUNT (DOES NOT HAVE COST OF LIVING INCREASE)

-CAN ELECT TO CONVERT TO IMPROVED PENSION (CONVERSION IN IRREVOCABLE)

  • IMPROVED PENSION - PL 95-588 – JANUARY 1, 1979
basic eligibility under improved pension
BASIC ELIGIBILITY UNDER “IMPROVED PENSION”
  • To qualify, veteran must have 90 days or more of active duty, at least on day of which was during a period of war. Generally, veterans who entered a/d on or after 9/8/1980, or officers who entered a/d on or after 10/16/1981, require a minimum of 24 months active duty. 38 CFR 3.12a(a-d)
  • 38 CFR 3.2 – Periods of War

WWII:12/7/41 – 12/31/46 Korea: 6/27/50 – 1/31/55

Vietnam: 8/5/64– 5/7/75 (From 2/28/61 for Vets who were in Vietnam)

Persian Gulf Was: 8/2/90 – Date TBD

disability requirements
DISABILITY REQUIREMENTS
  • Must be permanently and totally disabled (P&T) (38 CFR 4.17)
  • Exceptional cases allowed? 38 CFR 3.321 (b) (2)
  • PL 107-103, Sec. 206 & 207 – Authority for statutory presumption of P&T for pension at age 65. Effective 12/27/2001.
  • Plus P&T for veteran’s who are either a patient in a N/H getting long term care or Social Security disability.
income requirements
INCOME REQUIREMENTS
  • Recognizing countable income – See 38 CFR 3.271 (Computation of Income)
  • Payments of any kind or source shall be counted as income during the 12 month annualization period.
  • Family income
  • Recurring income
  • Non-recurring income
  • Irregular & short term income
exclusions from income 38 cfr 3 272
EXCLUSIONS FROM INCOME 38 CFR 3.272
  • Welfare
  • Maintenance
  • Sale of Property
deductible expenses 38 cfr 3 272
DEDUCTIBLE EXPENSES38 CFR 3.272
  • Medical Expenses (See handout)
  • Education Expenses
  • Veterans, Spouses, and Childs Final Expenses

Detailed information concerning deductible expenses can be found in M21-1MR, Part V, Subpart iii, Chapter 1, Section G.

net worth 38 cfr 3 274
NET WORTH38 CFR 3.274
  • Relationship of Net Worth to Pension

“reasonable that some part of the corpus of such estate be consumed for the veteran’s maintenance”

  • Evaluating Net Worth – 38 CFR 3.275

Whether property can be readily converted into cash at no substantial sacrifice

Life expectancy of claimant

Number of dependents

computation of income
COMPUTATION OF INCOME
  • Income work sheet (PL 95-588)
  • Gross (family) Annual Income
  • Deductible Expenses

(Minus 5% of MAPR)

  • IVAP (Income for VA purposes)
  • MAPR (Maximum annual pension rate)
  • Annual/Monthly Entitlement
special monthly pension
SPECIAL MONTHLY PENSION
  • Increased pension is payable to a veteran by reason of need for A&A or by being housebound (H/B). 38 CFR 3.351 and 3.352.
  • Describe A&A
  • Describe H/B
annual reporting
ANNUAL REPORTING
  • Eligibility Verification Reports

- Who Receives Annually?

- What form do they receive?

21-0516 vice 21-0516-1

Difference? Block 8, Medical Expenses

Of Significance – Block 8. C.

Projected Medical Expenses

- Difference Between Recurring and Non-recurring Medical Expenses

annual pension adjustment letter
ANNUAL PENSION ADJUSTMENT LETTER
  • Indicates amount claimant SHOULD

have been paid for previous year,

NOT the amount they were actually

paid.

Based on actual income and

deductible expenses for that year.

As determined by annual EVR and 21-8416.

  • Retro check or Overpayment letter to follow.
  • Retro check WILL NOT be equal to total of

Medical Expenses reported on 21-8416.

conditions of reduction
CONDITIONS OF REDUCTION
  • Reduction because of hospitalization (38 CFR 3.551 (e))

– Single veteran provided domiciliary or nursing home care by VA will be reduced to $90

  • Adjustment of allowance for A&A (38 CFR 3.552)

– Veteran entitled to A&A is hospitalized at VA or Government expense, the additional amount received for A&A will be discontinued the last day of the month following the month the veteran was admitted.

different types of pension claims
DIFFERENT TYPES OF PENSION CLAIMS
  • Live Pension
    • Fully Developed Claim

21-527EZ

    • Traditional Pension Claim

21-526

  • Death Pension
    • No Fully Developed Claim

21-534 Only

appropriate reference materials
APPROPRIATEREFERENCE MATERIALS
  • 38 CFR M21-1MR, Part V, Subpart iii,

- 3.1 (d), (e) (f) Chapter 1, Section G

(l) &

- 3.3

- 3.12a

- 3.23

- 3.27

- 3.271 to 3.277

- 3.342

- 3.351

- 3.352

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