How to Get a Veterans Disability Settlement
There are a myriad of factors which can impact your eligibility for a veterans disability settlement, regardless of whether you are going through a divorce or not. This article will explain the benefits you could receive as an VA member and the best way to claim them.
Dependency and indemnity Compensation (DIC)
DIC is a tax-free benefit that is available to spouses who survive as well as children and parents of veterans who died as a result of a service-connected disability. VA provides this benefit in various ways. The relationship with the veteran will determine the claim process.
To apply for DIC, a claim must be filed on VA Form 21-534. This application is available from your local County Veterans Service Office. An accredited claims agent from VA will assist you in the process of submitting the claim successfully.
The DIC amount that is paid to veterans varies based on his or her length of service as well as disability rating. A veteran with a 100% disability is entitled to an DIC payment of $2400 per month. A person who has a 10% disability will be paid $112 per month. In addition to the basic DIC rates, additional amounts are paid to disabled spouses or parents who are dependent, as well as those who need regular aid. These amounts are stated in 38 CFR SS. 3.351.
The VA provides several services for veterans and their families, such as health care and home loan guaranty and many more. They also offer burial benefits, work study employment and bereavement counseling for veterans. Those who qualify for DIC can receive tens of thousands of dollars in tax-free payments.
To be eligible to be eligible for a DIC the spouse who survives of a veteran must have been married to the veteran for at least eight years. If the surviving spouse marries prior to the death of the veteran, she or he loses the right to a DIC.
Based on the age of the spouse who survives dependent on their age, they may be eligible for a survivor indemnity allowance. The survivor indemnity allowance is a monthly benefit to a surviving spouse whose spouse dies before the veteran. The applicant must satisfy certain requirements which include the eligibility of an surviving child.
In addition to the DIC, surviving parents and other family members of a veteran who has passed away may also be eligible for other forms of disability compensation. The VA could also offer an income-based benefit. These benefits could include educational Assistance for Veterans Disability Settlement survivors and dependents.
Housebound benefits and Aid & Attendance
There are numerous financial aid programs that can help Veterans pay for the costs of assisted living and nursing home care. The VA’s Aid and Attendance Program and Housebound Benefits are two of these programs. These programs are designed to assist veterans who are housebound or disabled.
The VA offers two supplemental pension programs: the Special Monthly Pension with Aid and Attendance, and the Housebound Benefits. Both are designed to provide additional monthly income to veterans. These programs are only available to veterans who served at least 90 consecutive hours in active duty during wartime.
The Aid and Attendance and Housebound benefits is a taxable monetary benefit that is granted to parents, spouses and children of deceased veterans disability law, and dependent service members. It is based upon a basic rate and an add-on amount to dependent children.
The VA’s Aid and Attendance and housebound benefits aren’t available to everyone. Only veterans with a permanent disability, an individual 100% disabling disability, and at least one other disability with a minimum of 60% are qualified for these benefits. The applicants must complete VA form 21-2680, medical questionnaire as well as a VSO-3 Form.
The VSO-3, which is completed by the applicant’s primary physician describes the applicant’s health care needs. The application also requires a medical note that the veteran has a tangible need for personal care services.
The maximum income limit for the housebound benefit is greater than the A&A. The annual income limit is capped at more than the household income of the veteran. A penalty is assessed if a veteran’s assets exceed this asset limit. Transfers made before October 18, 2018 are not subject to this penalty.
The VA’s Aid and Attendance program may be the sole source of funds for veterans who aren’t able to carry out everyday tasks. This includes grooming, bathing, dressing and medication reminders. Members of the military and survivors can also be eligible for DIC that is a tax-free benefit that pays for aid and attendance costs. These expenses include home health care, prescription medications, and transportation to medical facilities.
Thrift Savings Plan (TSP) benefits
During a divorce when you are going through a divorce, the Thrift Savings Plan (TSP) can be a source of confusion. This is a federal government sponsored retirement plan that provides tax-deferred benefits for federal employees.
The TSP includes five funds with varying levels of risk. Each fund provides professional management that is based on a time frame. The money of each account is used to purchase annuities. Annuities offer guaranteed payments for the rest of your life.
TSP also offers fixed-dollar installments. These installments continue until the balance on the account is zero. You can switch fund types or stop making TSP contributions altogether.
You might be wondering if your military service can affect your TSP. If you are a participant in the uniformed services and are a member of the uniformed services, you will automatically be included in the Thrift Savings Plan after sixty days. You are able to still create your own TSP account however, you’ll have wait until you re-enlist to begin making regular contributions again.
If you’re separated from the military you can transfer your existing TSP account into a qualifying account. You can transfer the money to your spouse or ex-spouse, or you can keep the funds in the TSP. You can also transfer your TSP money to the G fund to ensure that your money is active.
There are many other features that the TSP provides. You can take out loans for both residential and general use. The repayment term is generally one to fifteen years, based on the kind of loan. The account is also eligible for tax free withdrawals.
The TSP can be an asset in the event of divorce. A valid court order is required to garnish your former spouse’s TSP account.
The IRS limits you on the amount you can contribute to your TSP. You can make contributions after tax that are up to $20,500 a year. If you are a holder of an active duty TSP loan, you may pay it back after separation.
If you’re going through a divorce or just trying to save for retirement, it’s important to understand the TSP’s capabilities.