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QUESTION
Can peacetime veterans receive pensions and service-connected disabilities, and what are the challenges in obtaining them?
1:02:18
·
143 sec
Peter Kempner explains that peacetime veterans may be eligible for service-connected disabilities if they can demonstrate a nexus between their service and current disability, and outlines the VA pension eligibility and challenges in the claims process.
- Peacetime veterans can obtain service-connected disability benefits by proving a link between their military service and their current disability.
- The VA pension eligibility does not require the disability to be service-related but depends on wartime service, financial eligibility, and other criteria.
- Veterans often face challenges in proving the nexus for service-connected disabilities, leading to denials and lengthy appeals processes.
- The claims process for both pensions and disabilities can be burdensome due to extensive paperwork and roadblocks, possibly discouraging veterans from pursuing claims.
Robert Holden
1:02:18
A question because this is a, you know, this problem on veteran pensions, which we we might do, you know, at least do a deeper dive in future hearings.
1:02:32
I just want to ask you about that since you're an expert on that part.
1:02:36
Which let's say someone served in in peacetime.
1:02:40
Mhmm.
1:02:41
For instance, I have a veteran who served on an aircraft carrier.
1:02:44
He developed lung cancer.
1:02:46
Would he be eligible even though he was in peacetime?
1:02:49
He served aircraft carrier with Jeff Fuel Constant, and You have to make the connection.
1:02:56
Would he get the pension?
Peter Kempner
1:02:57
The connection is the keyword there.
1:02:59
So that veteran may be eligible for a service connected disability.
1:03:03
Benefit, which you have to show that there was an event in service, in this case, the inhaling of jet fuel, coupled with a a a current disability, the lung cancer, and that there was a nexus between those two things.
1:03:19
That's often difficult to prove, and the VA often, you know, denies initial claims, and you have to go through the appeals process, which could take years or even tech pates.
1:03:28
Yeah.
1:03:28
The VA pension is different.
1:03:30
The the disability does not need to be related to the service.
1:03:35
So this could be a disability that is, you know, an entirely unrelated that develops years or decades later.
1:03:42
And and the simple fact that they serve during a wartime period that they need some other criteria with respect to financial eligibility, then they would be able to get the pension.
1:03:54
It's it's much less of a challenge to get a pension than it is to get service connected disability.
Robert Holden
1:03:59
Right.
Peter Kempner
1:03:59
But a but a peacetime veteran could get services connected disability, but they have to show that nexus between the current disability and the event and service.
Robert Holden
1:04:08
And, you know, we just saw an article about how the VA makes it more diff out with the paperwork.
1:04:13
Like you just mentioned, they they just pile it on and people get frustrated and just give up.
Peter Kempner
1:04:18
Mhmm.
Robert Holden
1:04:19
And you've seen that probably.
1:04:20
So I just couldn't I just couldn't handle paperwork, and I just walked away.
Peter Kempner
1:04:24
And not just the paperwork, the roadblocks that they put up, but I mean, these claims can take years years years and years and you know, colleagues of mine who represent veterans before the VA in in claims cases.
1:04:37
Sometimes they're successful decades later.
Robert Holden
1:04:39
Right.
1:04:40
Yeah.
1:04:41
Thank you.
1:04:41
Thanks.