The Improved Pension for Wartime Veterans has always been the step-child of the Veterans Administration. Veterans are people who served in the United States military for a period of time and who received a discharge greater than dishonorable. Those who have been injured in the military or due to their military service may receive a tax free income called “compensation” to financially compensate them for the loss due to the injury. Wartime Veterans are those individuals who served in the military during a certain period of time, as set by Congress, regardless of whether they were injured or not. Wartime Veterans may receive a tax free income called Improved Pension as long as they are disabled (or aged 65 or older) and meet low income and asset rules.
On April 19, 2013, VA Secretary, Eric Shinseki, announced that the Veterans Administration is “implementing an aggressive plan to eliminate the backlog in 2015” of compensation claims. The VA will immediately begin an initiative to expedite compensation claims decisions that have been pending for over a year. The current average time for a compensation claim to be decided is 286 days (9.5 months).
NO SUCH INITIATIVE FOR THE IMPROVED PENSION WITH AID AND ATTENDANCE BENEFIT: The VA has made no such promise, nor created any specific initiative for Improved Pension claims. The majority of claims for Improved pension are from WWII and Korean War Veterans (or their widows) who are frail and elderly and need the aid and attendance of another person with their activities of daily. They are receiving, or in need of receiving, home health care, assisted living care, or nursing home care. Their life expectancies are short due to age and illness. The average claim award is also around nine months. However, many of these claimants die while waiting for the VA’s decision. If single, the claim dies with the claimant, thus, no award in many cases.
In its announcement, the VA asserted it will continue to prioritize claims for homeless Veterans, those with financial hardship, terminally ill, former Prisoners of War or Medal of Honor recipients, and Veterans filing fully developed claims.
Thus, for claimants filing for Improved Pension with Aid and Attendance, the way to have the claim prioritized is to ensure that the claimant files a fully developed claim on VA Form 21-527EZ (or VA Form 21-534EZ for widows of veterans). Moreover, if the claimant has a terminal illness, provide a copy of a physician’s statement and any other relevant documentation from a hospice or palliative care provider affirming the terminal illness.
When a fully developed claim is filed, an award should be expected within three months. It is the VA’s desire that all claims be processed pursuant to the fully developed claim standards. However, unless the VA increases its awareness, focus, and resources to help adjudicate improved pension claims, only compensation claims will be expedited and wartime claimants seeking pension will still only experience delays in receiving their awards and benefits.
Victoria L. Collier, Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder, Lawyers with Purpose, LLC, and author of 47 Secret Veterans’ Benefits for Seniors…Benefits You Have Earned but Don’t Know About.
16 years going on 17. I served honorably and in a warzone. Denial of my injury during combat. Insulting denial letters.
Posted by: Kevin | 05/10/2013 at 08:00 PM