The surviving spouse of a Marshall area Vietnam veteran came to TVC Claims Northeast District Supervisor and Army veteran Kerry Easley with notification from the VA regarding reducing her survivor’s pension retroactively back to 2018 due to her receiving Social Security Benefits. In the process of sorting that out, Easley found the VA had failed to recognize service connectivity on the veteran’s death certificate.
The veteran had been receiving VA Non Service Connected Disability Pension, a benefit paid to wartime veterans with limited income who are no longer able to work. After his death, his spouse with two children filed for survivor’s pension in 1999 and drew that until 2023. The pension is income based.
“In 2017, she started drawing social security which should have reduced her pension dollar for dollar. She sent a letter to the VA notifying them that she had begun drawing her Social Security benefits; but, they didn’t properly process it,” said Easley.
Later, the VA determined they had made an error.
In December 2023, the surviving spouse came to Easley with notification from the VA regarding discontinuing her benefits retroactively back to 2018. This would have incurred a debt on the spouse of around $58,000. Easley submitted documentation showing the VA had made a data match error regarding adjusting the spouse’s pension in relation to her social security benefits. Acknowledging their error, the VA waived its claim for the debt.
In assisting the surviving spouse with this issue, Easley discovered the VA had failed to recognize service connectivity on the veteran’s death certificate.
“The death certificate showed myocardial infarction as the primary cause of death, a presumptive condition to Agent Orange exposure in Vietnam,” said Easley. He brought this to the VA’s attention and submitted forms requesting the VA to review for Dependency and Indemnity Compensation. The VA then asked the spouse to submit VA forms to apply for the compensation. The VA reviewed, confirmed service connected death effective April 18, 1997 and awarded over $183,600 in retroactive pay.
“We are not finished. We will be applying for CHAMPVA (Civilian Health and Medical Program of the Department of Veterans Affairs) benefits and look at benefits for her daughter to get student loans paid off,” said Easley. “It’s the biggest thing I’m working on now. I’m applying for Ch. 35 (VA Dependents’ Educational Assistance program )to see if VA will cover the student debt.
Get help with VA benefits and compensation processes from TVC at no cost at
https://www.tvc.texas.gov/claims/appointments/
