Non-Taxable Military and Government Disability Pensions

Many pensions are non-taxable, and you often have to point it out to the IRS.

  Military and Government Disability Pensions

(from the IRS Code)

  Certain military and government disability pensions are not taxable.

  Service-connected disability. You may be able to exclude from income amounts you receive as a pension, annuity, or similar allowance for personal injury or sickness resulting from active service in one of the following government services.

The armed forces of any country.

The National Oceanic and Atmospheric Administration.

The Public Health Service.

The Foreign Service.

 

Conditions for exclusion. Do not include the disability payments in your income if any of the following conditions apply.

  You were entitled to receive a disability payment before September 25, 1975.

  You were a member of a listed government service or its reserve component, or were under a binding written commitment to become a member, on September 24, 1975.

  You receive the disability payments for a combat-related injury. This is a personal injury or sickness that:

  Results directly from armed conflict,  Takes place while you are engaged in extra-hazardous service,

  Takes place under conditions simulating war, including training exercises such as maneuvers, or

Is caused by an instrumentality of war.

  You would be entitled to receive disability compensation from the Department of Veterans Affairs (VA) if you filed an application for it. Your exclusion under this condition is equal to the amount you would be entitled to receive from the VA.

 

(If you receive one of the above pensions, especially, pensions at an outside company or other government job, which is not a VA service-connection pension, but based on a VA service-connected disability...then, you may have to point that out to the IRS. There are thousands of pages of IRS rules, and most of the employees don't know what all of them are. If you are currently paying taxes on a pensions that meets the above criteria, petition the IRS for tax relief under the code.)

 

 

 Amazon Books By Dennis Latham

B&N and Nook Books

email contact

 

Claims: Negative Side Effects Of PTSD Drugs

 

Can I claim any negative side effects from PTSD drugs for compensation purposes?

  (I asked a friend at the VA and here is the answer.) The answer to that is yes. The law was changed to state that drug and alcohol use can be a secondary consideration if used to tolerate symptoms of a service connected condition.

  So, that means if a veteran has a service connection for a condition such as PTSD... and if the veteran alleges that he uses pot and alcohol to tolerate his PTSD symptoms, perhaps to fall asleep or minimize nightmares, the chemical dependency may be considered a secondary condition that would actually increase the veteran's service connection rating. That is a radical departure from the traditional position that the V.A. has always taken regarding drug and alcohol use: that it was "misconduct". This will not be an easy claim increase, and I would expect delays. But receiving an increase is possible.

  The same would follow for drugs prescribed by the VA to treat PTSD. Some drugs do have serious side effects, and if those side effect lead to a serious condition, file a claim for that condition as secondary to PTSD treatment.

  The best thing to do is immediately report any side effects so the doctor can change the medicine.

  Also, always ask about the possible complications of mixing certain medicines. If you take other medicines, make sure each doctor knows what you’re taking because mixing certain drugs can cause serious side effects.

  Most Nam vets have reached the age where we all end up taking some kind of medicine for blood pressure, stomach problems, etc. Make sure to check all the side effects.

  If you take medicine, and you suddenly get the same medicine but it looks different, call and make sure you have the right medicine. The pharmacy can check to make sure you were not given the wrong pills by mistake or if the drug has a new manufacturer and a new shape.

  The VA contacted me by phone one time and told me to throw away a new bottle of medicine I had received. It was the right medicine, but in the wrong dosage. I’m glad they caught it because I wouldn’t have known I was taking twice the dose I should have been taking.

  The higher dose could have taken me out. I’m real careful now with any kind of medicine.

 

Two Marines KIA July 4, 1968

Chuck Searles and David Nelson were my friends.


45 Years Ago On July 4

Chuck and I were short timers in Nam, scheduled to rotate home in two weeks. I was going home with him to meet his parents in Burbank because we would be coming in through El Toro south of Los Angeles. We had a supply run to the firebase at An Hoa in the Arizona south of Danang. The Arizona was one of the baddest of all the bad places in Nam. I had been a 50 cal. gunner on the July 2nd run, and Chuck and David were assigned one of the gun trucks for the July 4th run. Chuck was an city boy and David was a farmer from Kansas.

 

They liked to argue with each other, in a good natured way, but at times they would get mad. This was one of those times. Since I got along with both of them, I decided I would make the trip as sort of an assistant gunner for Chuck to keep them from arguing. That was my excuse. I had a bad feeling about this run and wanted to be there.

 

We were on the gun truck and ready to join the formation when we got stopped by Captain Maggio, who ordered me off the truck. He said we were too short in-country and since I had been a gunner on the 2nd, he did not want to risk losing both of us. I guess he had a bad feeling about the run, too. I shook hands with both of them and laughed when I told them not to argue. They both just smiled at me.

 

"I'll see you when you get back tomorrow," I told them.

 

When leaving a base camp, the lead truck broke down and Chuck and David took the lead in their gun truck. The NVA ambushed them moments later with recoilless rifles, mortars and small arms fire. Chuck was hit and knocked from his gun and died in the truck bed. An enemy soldier ran from cover and dropped a grenade into David's lap, killing him in the cab. The enemy soldier was cut down by fire from the truck behind them.

 

If I had been on the truck, I would have died. For whatever reason, I had been spared. I feel it is my duty to keep their memory alive. They were young men in their early twenties. They had hopes and dreams like all young men, and they answered the call to duty.

 

It's been 45 years since that July 4th day, and their image has never left my mind. We honor them at our 7th Motors reunions along with our other 7th Motors KIA Marines, and in that sense, they are still alive and young and the way I remember them. We must never forget their sacrifice.

 

Semper Fi to my B Company brothers living and dead and to my belief in honor and duty. As long as there are those willing to make the ultimate sacrifice, I know America will always exist with our independence guaranteed.