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WHAT ARE THE QUALIFICATIONS FOR NON SERVICE CONNECTED PENSION

Memphis, TN |

I HAVE DEPRESSION AND BACK PROBLEMS..EVERY SINCE I ENTERED THE NAVY I HAVE BEEN SUFFERING FROM DEPRESSION..I WOUND UP ON DRUGS. MY MENTAL STABILITY HAS NOT BEEN THE SAME SINCE MY TIME IN THE NAVY.. I HAVE NOT BEEN ABLE TO HOLD A JOB... I'VE BEEN ALL SCREWED UP EVERY SINCE

Attorney Answers 7


  1. Not real sure based on your question but you just need to speak with an attorney in your area to discuss your case--good luck.

    *This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.


  2. It is not clear what question you are really asking. Maybe best it would be for you to talk to an attorney in person.

    Good luck!

    Veronica A. Silva is an attorney licensed only in Illinois. The use of the Internet and this answer or similar communication with the QDRO Law Center (QLC) or any individual member of QLC does not establish an attorney-client relationship. This answer is for information purposes only and does not constitute legal advice. Confidential or time-sensitive information should not be communicated and/or relied upon via this website. If you have hired an attorney, you must consult with your attorney.


  3. You should consult a lawyer in your area who practices military law or military disability law. You can find them on AVVO or possibly through the Memphis Bar Assn. I changed your category to military law.

    These comments do not constitute legal advice. They are general comments on the circumstances presented, and may not be applicable to your situation. For legal advice on which you may rely consult your own lawyer.


  4. How long were you in? Did you have medical issues you documented on active duty? Have you applied for benefits from VA? What kind of discharged did you have? How long ago were you on active duty? How long did you serve?

    All of these questions need to be answered, just to determine if you are eligible to receive any VA benefits. For now put a 'pension' out of your mind, but you maybe able to receive medical help.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.


  5. For clarity, I am unsure which pension you are asking about. The military (branch) has their own separation requirements and the VA has a different qualification. The VA is generally the most common payments that people think of so I'll review that first. The VA has compensation and pension. The compensation part is for service connected disabilities and the VA decides if your injuries were the result of service or aggravated by service. This leads to a service connected disability rating and monthly payments. A pension under the VA is not connected to service disabilities, but to a veteran's income. To qualify for a pension you must be low-income wartime Veterans.

    The branches handle medical discharges differently. Generally, you must receive a 30% disability rating or higher to qualify for the medical retirement list. If you are put on the medical retirement list, then you qualify for medical retirement from the military each month.

    The information provided is for general informational purposes only and not intended to be legal advice. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


  6. Although much more information is needed, you may qualify for non-service connected pension or service-connected compensation benefits. Pension requires total disability and has strict income thresholds (plus wartime service). I suggest you talk with an attorney who can better assess your situation after getting the necessary information from you. Good luck to you.


  7. As far as war time service goes, you have to have served during a period when we were at war. This doesn't mean that you had to serve in that war.

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