How to Get a Veterans Disability Settlement
Whether you are considering divorce or you are currently involved in a divorce, there are many different aspects of your divorce which can affect your capacity to receive a veterans disability settlement. In this article, you will learn about some of the benefits you can receive as a member the VA and the importance of knowing how to claim these benefits.
Compensation for Dependency and Indemnity (DIC)
DIC is a tax-free financial benefit that is payable to the spouses of survivors as well as children and parents of veterans who have passed away due to a disability resulting from service. VA offers this benefit in various venues. The relationship with the veteran will determine the claim process.
To apply for DIC, a claim must first be filed on VA Form 21-534. The form is available at your local County Veterans Service Office. If you require assistance with the application an accredited claims agent from the VA can assist you in submitting the claim successfully.
The DIC amount that is paid to veterans is contingent upon the length of service as well as disability rating. A veteran who has 100% disability is entitled to an DIC payment of $2400 per month. If you have 10% disability will receive $112 per month. In addition to the basic DIC rates, additional amounts are paid to spouses of disabled survivors or dependent parents, as well as those who require ongoing assistance. These amounts are listed in 38 CFR SS. 3.351.
The VA offers a variety of services to veterans and their families, including health care and home loan guaranty and more. The VA also provides burial benefits, work-study jobs as well as counseling for bereaved vets. Those who qualify for DIC could receive tens or thousands of dollars in tax free payments.
A spouse of a veteran has to have been married for at least eight years before they can be considered for a DIC. If the surviving spouse marries prior to the death of the veteran, he or she is not eligible for a DIC.
A special survivor indemnity amount is available based on the spouse’s age. A survivor indemnity benefit is a monthly payment of special compensation to a spouse who has passed away before the veteran. The applicant must satisfy certain requirements for eligibility, including an surviving child.
In addition to the DIC, surviving parents or other family members of a veteran who has died may be entitled to disability compensation in other forms. The VA can also provide an income-based benefit. These benefits could include Survivors’ and Dependents Education Assistance.
Aid & Attendance and housebound benefits
There are numerous financial aid programs that can help Veterans pay for the costs of assisted living and nursing home care. Among these programs are the VA’s Aid and Attendance and Housebound Benefits. These programs are designed for veterans who are housebound or disabled.
Two pension programs supplementary to the pension are provided by the VA: the Special Monthly Pension with Aid and Attendance (SMPA) and the Housebound Benefits (HB). Both programs are intended to provide veterans disability case with additional monthly income. In order to qualify for these programs, Veterans disability settlement you must have completed at least 90 days on active duty in an official wartime period.
The Aid and Attendance and Housebound benefits is a taxable financial benefit that is paid to spouses, parents and children of deceased veterans disability legal and dependent service members. It is based on a basic rate and includes an add-on amount for dependent children.
The VA’s Aid and Attendance benefits and housebound benefits are not for all. Only veterans with a total permanent disability or a single 100% disabling disability, and at least one other disability with a minimum of 60% are eligible for these benefits. They must complete VA form 21-2680, a medical questionnaire, and a VSO-3 form.
The VSO-3 is filled out by the applicant’s primary doctor and describes the applicant’s health care needs. A note from the doctor should be included on the application to prove that the veteran has a measurable medical need for personal health care.
The maximum income limit for the housebound benefit is greater than that of A&A. The veteran’s annual income limit is set at a higher percentage than the A&A. If the veteran’s assets are greater than the asset limit they will need to pay a penalty. This penalty does not apply to transfers made prior to October 18, 2018.
The Aid and Attendance program might be the only source of financial assistance for veterans who are unable to complete daily tasks. This includes grooming, bathing, dressing and medication reminders. Veterans and service members can also receive a DIC benefit, which is a tax-free benefit that helps pay for aid and attendance expenses. These expenses can include prescription medication or home health care and transportation to medical facilities.
Benefits of the Thrift Savings Plan
When a divorce is going on when you are going through a divorce, the Thrift Savings Plan (TSP) can cause confusion. The federally-sponsored retirement plan provides federal employees tax-deferred benefits.
Five funds are available through the TSP that each have a different risk level. Each fund provides professional management with a time horizon. The money from each account is used to purchase annuities. These annuities provide guaranteed payments for the duration of your life.
TSP also offers fixed-dollar installments. These payments continue until the balance of the account is zero. You can switch fund types or stop making TSP contributions altogether.
You may be wondering if your military service could impact your TSP. After 60 days, if an active military member in uniform then you’ll automatically be in the Thrift Savings Plan. You are still able to open your own TSP account but you will have to wait until you reenlist to contribute regularly.
If you’re separated from the military you can transfer your existing TSP account into a qualified account. You can choose to transfer the money to your current or former spouse, or you can keep it in the TSP. You can also transfer your TSP funds to the G fund and ensure that your money is active.
The TSP has a number of other features as well. For instance you can borrow money for general and residential reasons. The repayment period is typically one to fifteen years, based on the type of loan. You can also make withdrawals tax-free from the account.
The TSP can be an asset in a divorce. To garnish the TSP account of your ex-spouse an order from a court must be obtained.
The IRS restricts the amount you can contribute to your TSP. After-tax contributions are allowed up to $20,000. If you are a holder of an active duty TSP loan, you can pay it back upon separation.
It doesn’t matter whether you are going through a divorce, or just trying to save for retirement.