How to Get a Veterans Disability Settlement
If you are contemplating a divorce or are currently going through a divorce, you must know that there are many different aspects to your divorce which can affect your capacity to be eligible for veterans disability settlement a settlement from the veterans disability attorney Disability Fund. This article will explain the benefits you can receive as a VA member and how you can claim these benefits.
Dependency and indemnity Compensation (DIC)
DIC is a tax-free money-based benefit that is paid to the survivors of spouses, children, parents, and other relatives of veterans who died of a disability caused by service. The compensation is provided by the VA in a variety of ways. The process of filing a claim is different dependent on the relationship to the veteran.
In order to file a claim for DIC, a claim must be submitted using VA Form 21-534. This form is available at your local County Veterans Service Office. A VA-accredited claims agent will assist you in the process of submitting a successful claim.
The amount of DIC that a veteran can receive is contingent on the duration of service and disability rating. A veteran who has a 100% disability will receive $2400 monthly in DIC payments. People with disabilities of 10% will receive $112 per month. In addition to the basic DIC rates, additional amounts are paid to disabled surviving spouses or parents who are dependent, as well as those who require regular assistance. These amounts are set forth in 38 CFR SS 3.351.
The VA provides several services for veterans and their families, including health care as well as home loan guaranty and more. The VA also offers burial benefits, work study employment and counseling for veterans who are going through grieving. People who qualify for DIC could receive tens to thousands of dollars in tax-free cash payments.
A veteran’s spouse must have been married for a minimum of eight years before they can be considered for an DIC. If the surviving spouse marries prior to the death of the veteran, she or he loses eligibility for a DIC.
A special survivor indemnity amount is available based on the spouse’s age. The special survivor indemnity allowance offers a special monthly payment to the spouse who has a survivor whose spouse dies before the veteran. The applicant must satisfy certain requirements which include the eligibility of the child who is surviving.
In addition to the DIC the surviving parents or other family members of a veteran who has died may be entitled to disability compensation in other forms. The VA may also offer an income-based benefit. These benefits may include Education Assistance for survivors and dependents.
Aid & Attendance as well as housebound benefits
There are a variety of financial aid programs available to assist Veterans pay for the costs of nursing and assisted living homes. The VA’s Aid and Attendance Program and Housebound Benefits are two of these programs. These programs are intended to help veterans who are disabled severely or are housebound.
Two additional pension programs are offered by the VA and include the Special Monthly Pension with Aid and Attendance (SMPA) and the Housebound Benefits (HB). Both programs are intended to provide veterans additional monthly income. To be eligible for these programs, you must have served at least 90 days of active duty during the time of war that is recognized.
Aid and Attendance and housebound benefit is a tax-free monetary benefit that is given to spouses of deceased spouses or service members, children of veterans who have passed away, and parents of dependent service members. It is based on a basic rate and an additional amount for dependent children.
The Aid and Attendance and housebound benefits are not for everyone. Only veterans who have a total permanent disability, one completely disabling disability, and at least one other disability of 60% or more are eligible for these benefits. The VA form 21-2680 is required to be completed. This form will also include a medical questionnaire as well as a VSO-3 form.
The VSO-3 is filled out by the applicant’s primary doctor and details the applicant’s health-related needs. A note from the doctor should be included on the application stating that the veteran has a tangible medical need for personal care.
The housebound benefit has a higher maximum income level than the A&A. The veteran’s annual income limit is set at a higher percentage than the A&A. A penalty is assessed if a veteran’s assets exceed this asset limit. This penalty does not apply to transfers made before October 18 on the 18th of October.
The VA’s Aid and Attendance program may be the only source of money for veterans disability litigation who aren’t able to carry out everyday activities. This includes grooming, bathing, dressing and reminders for medication. Members of the military and survivors can also receive a DIC benefit, which is a tax-free benefit that pays for aid and attendance costs. These expenses include medical care at home, prescription medications, and transportation to medical facilities.
Benefits of the Thrift Savings Plan
The Thrift Savings Plan (TSP), which is a federally-sponsored retirement plan, can create confusion during divorce. The federally-sponsored retirement plan provides federal employees tax-deferred benefits.
The TSP includes five funds that range in risk. Each fund offers professional management based on a time horizon. Every account’s funds are used to purchase annuities. Annuities offer guaranteed payments for the rest of your life.
The TSP also offers fixed dollar installments. These installments will continue until your account balance is zero. You can change your TSP contributions to various types of funds, as well and stop them all together.
You may be wondering if your military service can impact your TSP. If you are an active participant in the uniformed services and are a member of the uniformed services, you will automatically be registered in the Thrift Savings Plan after sixty days. You are still able to open your own TSP account, but you’ll be required to wait until you are able to reenlist and contribute regularly.
You can transfer your current TSP account to a qualifying account if you’re separated from military service. You can choose to transfer the money to your spouse of choice or keep it in the TSP. You can also transfer your TSP money to the G fund to ensure your money is active.
There are other benefits that the TSP offers. You can take out loans for residential and general purposes. The repayment period is typically one to fifteen years, based on the kind of loan. You can also withdraw tax-free funds from the account.
The TSP can be an asset during a divorce. A valid court order is required in order to garnish your former spouse’s TSP account.
The IRS limits the amount you can contribute to your TSP. You can contribute after-tax of up to $20,500 per year. You can pay back any active duty TSP loans following separation.
It doesn’t matter whether you are going through a divorce or just trying to save for retirement.