VA benefits and pensions overview, Part 3

*The following is the output of transcribing from an audio recording. Although the transcription is largely accurate, in some cases it is incomplete or inaccurate due to inaudible passages or transcription errors.

The following podcast is by Mr Jim Koewler, elder law and special needs attorney, helping and protecting those who need long term care. And welcome back everyone to part three. Veterans benefits. What is available to your loved one? How do you qualify? We’ve just started the first two segments on what they are potentially, what happens? How do you you know? Who Do you go through, etc. So we for those of you that are catching us at part three, make sure you go back to part one and listen through, because there’s a lot of foundational information that you need to know and we are here with Mr Jim Taylor of the Taylor Law Firm in Ohio, and Jim, welcome back. We’re going to talk about eligibility right now, aren’t we not? Yes, thanks, Susanne. Okay, in part two we talked about the overview of the three different programs that we’re talking about. Be a pension, mostly called aid in attendance, and listen to part two about why I don’t like you calling it aid in attendance. Be a compensation. I’ll also know his disability. Yeah, and services available through BEA health. Now we’re going to talk about eligibility. For those programs. We may only get to pension during this point, during this segment. We’ll see. There’s a lot of a lot to cover. Okay, be a pension is, as I mentioned, many people called aided attendance and that’s and inappropriate name. You had to serve during a time of war. You don’t have to have been your whole time in the military during the time of war. Yet to be ninety days in the military Vietnam or earlier, two years after Vietnam, and at least one of those days. And it’s weird, but yeah, because you know, of all the thousands of people who serve in the military, there are ply a few that served during one day of of a period of war. Not many, but that’s all. It’s required. Okay, the qualifying branches of service. And for those who are looking at the slides on Youtube, I’m sorry, you’re going to have to listen and be read the slide. I hate people to read slides, but some people are not going to be checking out the slides. It just going to be listen to it on the on the radio broadcast. So I have to serve them to I apologize for reading this slide. So the qualifying branches of service are the usual you would think of our mean eighty air force marines, the Coast Guard, merchant marine, especially merchant Marion, was huge during World War II. It was the women’s corps, yeah, Ner, the Nursing Corps. Yeah, Military Academy cadets. Oh, wow, I didn’t they could be called up at any time. Okay, they could be. They could be pulled out of school and called up. So they were risk of being sent off to war. And then some civilians on wake island and World War II. Now, wake was not very big, okay, so if you were a civilian there, you probably were helping the war for it anyway. Okay, but certain civilians are eligible during World War II. In addition, if you’re a full time commission officer in any of the following you’re also eligible. Excuse me, the Public Health Service, because you know we’re always worried about even you know, back in the day we’re like the run CROS, worried about people attacking us through our water supply. So public health there was a big deal. Okay, that’s not like the Red Cross. No, that’s not like the Red Cross. It is design and it helps service that we require on that. Okay, it is. It is a particular branch that that our government. The coast and geodetic survey. Those are the people who, you know, look at what the coast is like in the close in waters, because that’s where you figure out where submarine can sneak up on us. Yep, the Environmental Services Administration, again, like public health, is looking out for a for attacks on the general populace. And the National Oceatic, Oceanic and Atmospheric Administration. Yes, the weather people. You think whether you will fight a war without knowing the weather. Well, here in the Pacific Northwest and critical habitat with endangered sea life, believe it or not, we do a lot. We have a lot of representation of Noah Histories. So I have no doubt. I have no doubt. There’s they’re very big here and in the visit in northwest. Yep. Okay. So now the length of service, as I mentioned before, September eight of one thousand nine hundred and eighty, and this was not doing a war time. So this is kind of a this is a clean break. Okay, I’m sure there was military action going on, but nothing declared. So in September of nineteen eighty. There is really isn’t anyone who was whose eligibility changed because there was no active wartime at the time. Okay. So before September of Nineteen Eighty, ninety days of active duty had to be active duty. Reserves Guard doesn’t count if it’s only training and they never go on active duty or they don’t ninety days. Okay. It has to be asked to be active duties. Got To be someone who currently would get a D two fourteen. D to fourteen was it always used. So I can’t say you had to have a DT to fourteen because earlier veterans it wasn’t a thing that we didn’t have that form. And then after September seven of nineteen eighty, twenty four months of active duty. Okay, and that’s measured. They start from the start. The date is measure from the start of active duty. Okay, because the twenty four months needs to be all together. Ninety days of active duty didn’t have to be all together. Now they want the two years all at one time and at least one day during a designated war time. Okay. So that’s the length of service test to get into be a pension. Okay. It is limited to veterans and surviving spouses. If the veteran had time during a time of war. Okay, you have to keep that in mind. So what are they designated war times? Okay, all of our World War One veterans are gone. Sorry, enough time has passed. They’re gone and we don’t have we but we see lots of World War II veterans and we’re starting to see more and more of Korea. Okay, absolutely so. Not surprisingly, the designated war time for World War II started on Pearl Harbor Day, December seven nineteen forty one, a day they live in, and for me it continues through to December thirty one of nineteen forty six, except for the merchant marine. Merchant Marine had their active duty and on Vj Day, victory over Japan Day, August fifteenth of Nineteen Forty Five. Why the difference? Because one hot occupation of both the Japanese territories and Germany was going on by the military. So while it wasn’t a wartime, it was still hot occupation. Okay, there were still hostilities. That’s that’s it. At the abstract. The real bureaucratic reason Congress didn’t turn off the declaration of war. Okay, until Congress turns off the declaration of war, it’s still on. So that’s why it goes to December thirty one of nineteen forty six. Does it have a logical reason? Because of hot occupation? Chure? Okay, but were we at war? Not Technically for the history books, but technically for the VA pension program okay, Interesting Korea from January twenty seven and nineteen fifty, which is when we first got involved in many seven you have here. Yeah, I’ll start anyway. Yeah, I’m looking so fast as you want to make sure on our radio that they know. Yeah, yeah, it’s June twenty seven. Sorry, everybody. You are right, Suzanne. Thank you for catching that. I’m paying attention here. Sir. Yes, you are to January thirty one of one thousand nine hundred and fifty five. Yeah, like with World War II, this is months after the end of hot hostilities. Now, remember, technically we’re still at war with North Korea because it’s that the demilitarizone. We are simply in a an armistice. There is no peace treaty. Okay, but this is fourteen months after the armistice. Again, Congress didn’t turn it off. Okay, Vietnam is weird. Mostly at the beginning. The first coverage for Vietnam is for people who were in Vietnam, and only Vietnam. Okay, all the other time periods that I’m talking about, it didn’t matter where you were in the world. If you were in in the states in quartermaster corps, pushing jeeps out the door onto planes for transport, you were in the military and it was during a time of war. Your ULTIMRA for pension. Okay, but at the beginning could okay, at the very beginning of Vietnam, we still not acknowledge it. Our first casualty in Vietnam was one thousand nine hundred and fifty seven. You Notice Nineteen fifty seven is not on the list for those who are looking right for the pension program the first that you I’m going to blame Congress, the first that Congress is willing to acknowledge that we were in Vietnam is February twenty eight of nineteen sixty one. So all of those military personnel who served and hamselves at risk from Nineteen fifty seven to February twenty of nineteen sixty one. I’m sorry, your government has not served you as well as they should have. I wish I could offer more than my apologies, but that is where we are. Sorry, from nineteen sixty one to nineteen sixty four, where we were active there, everyone knew we were there, but Congress had not yet taken action. So that’s why the difference if you were actively in Vietnam, and that includes if you run a boat off the coast of Vietnam because you were running supplies or what, or shelling or whatever. So in Vietnam don’t necessarily take as the borders of Vietnam. No, that is so sad when I think about we’re at that time when that is group is now in many cases needing care and it just really makes me sad. Yeah, I’m with you hundred percent. And then after the Gulf of Tonkin resolution on August fifth of nineteen sixty four, when one of our ships got fired upon in the Gulf of Tonkin, that’s when Congress finally acted with a Gulf of tonquin resolution, and then everyone in the world who is in the military was covered at that point for va pension up through may seventh in nineteen seventy five, which is about one month after a retreat from Saigon. Okay, so since we got out there was no long hot occupation, but still took congress of months it off. It’s okay, it’s fine. And then the the war on terror started August second in nineteen ninety with Operation Desert Shield around Kuwait to keep Iraq from from going further. And it is continued through Kawait and Desert Storm and through Afghanistan, through northern Africa. And while there technically is no declaration of war, they have a memorandom approving the use of force or something like that. That has not been turned off either. Wow, that is a political football that affects many things beyond be a pension. That for be a pension purposes. The a pension has been turned on on August to of nineteen ninety and is still running for people have been in the military at all during that time and sadly some of them were needing care now to yeah, I’m sure. Yeah. So we are nearing the end time, to the second seconds to go through this. No, we’re going to take more net all right, so we’re going to go on and to the next segment and we’re going to talk about a little bit more about eligibility and Jim will be right back, right up to this state of Ohio residents, you have a friend to help you navigate long term care while protecting your assets. You can reach Jim at wwwfting Seniorscom or just email him at j Koewler afe. That’s J KAYLER AFE at Protecting Seniorscom