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Va Benefits For Disabled 22 Year Old Granddaugher

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Josephine

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  • HadIt.com Elder

I located this link in reference to Veterans benefits for my SSDI granddaugher.

Her award letter places her as disabled at the age of 21.

I didn't understand what to do.

Any help would be appreciated.

Betty

Veteran's Benefits

The Veteran's Administration offers some benefits for children of veterans. Your grandchild may be eligible for Dependency and Indemnity Compensation payments. Parents of veterans may also be eligible for the Dependency and Indemnity Compensation. And, the child may be eligible for educational assistance as well. states may provide additional benefits if they choose.

Contact your local Division of Veteran Affairs for more information and for assistance in determining eligibility for benefits.

Dependency and Indemnity Compensation

Find My Local Veteran's Affairs Office

NC Division of Veteran Affairs

TRICARE

http://www.fullcirclecare.org/grandparents/grandfinance.html#va

Edited by Josephine
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  • HadIt.com Elder

Betty did you adopt your grand child before she was 18? If not I don't think grand children are entitled to "benefits" regardless of them being disabled or not in my ex wife's case she adopted one of our grand children which now makes Kayla her daughter legally tecnhically and physically she is my grand daughter but my ex wife likes to make sure I understand that I can only see Kayla when she allows it which was once in the past 3 years and my wife's step daughter adopted 2 of my other daughters children which again leaves them as my ex's wife's grand kids and she can see them when ever she wants which is a lot I haven't seen those 2 in more than 5 years

let's just say I am not real proud of how my kids have done with "their" children that's a whole nother story as they say

my wife and I talked about adopting her daughters 2 kids for a lot of legal reasons but there are speed bumps in that case but if we adopted them legally then they would get CHAMPVA and Chapter 35 and benefits from the state as my legal children but the VA does not "normally" provide any benefits to "grand children"

I don't think you can legally adopt an adult regardless of their medical conditions but I don't know maybe the state you are in has allowances for it and if you can then the VA has to ackowledge a "legal" document that makes her your child

good luck but I have never seen anyone get benefits for a "grand" child

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  • HadIt.com Elder

She may qualify if she's considered a "helpless child" in the vA's eyes or her disability is Spina Bifida related but these would be if her father is a veteran and it doesn't have anything to do with your disability or income. She should be getting SSDI on her father's SS account as she was disabled before 22yo.

pr

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  • HadIt.com Elder

She may qualify if she's considered a "helpless child" in the vA's eyes or her disability is Spina Bifida related but these would be if her father is a veteran and it doesn't have anything to do with your disability or income. She should be getting SSDI on her father's SS account as she was disabled before 22yo.

pr

Her father is not a veteran and her parents have been divorced since she was 5. No, the Social Security letter makes no mention whatsoever of her father or his SS Account.

Thanks,

Betty

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  • HadIt.com Elder

Betty did you adopt your grand child before she was 18? If not I don't think grand children are entitled to "benefits" regardless of them being disabled or not in my ex wife's case she adopted one of our grand children which now makes Kayla her daughter legally tecnhically and physically she is my grand daughter but my ex wife likes to make sure I understand that I can only see Kayla when she allows it which was once in the past 3 years and my wife's step daughter adopted 2 of my other daughters children which again leaves them as my ex's wife's grand kids and she can see them when ever she wants which is a lot I haven't seen those 2 in more than 5 years

let's just say I am not real proud of how my kids have done with "their" children that's a whole nother story as they say

my wife and I talked about adopting her daughters 2 kids for a lot of legal reasons but there are speed bumps in that case but if we adopted them legally then they would get CHAMPVA and Chapter 35 and benefits from the state as my legal children but the VA does not "normally" provide any benefits to "grand children"

I don't think you can legally adopt an adult regardless of their medical conditions but I don't know maybe the state you are in has allowances for it and if you can then the VA has to ackowledge a "legal" document that makes her your child

good luck but I have never seen anyone get benefits for a "grand" child

Thanks Testvet,

I did check the laws of the State of Virginia and I saw no reason why I cannot adopt her. I would just need her consent. I thought then I could pick up Champ Va for her.

My husband is her payee, so here we are.

Thanks,

Betty

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3.57 Child.(a) General. (1) Except as provided in paragraphs (a)(2) and (3) of this section, the term child of the veteran means an unmarried person who is a legitimate child, a child legally adopted before the age of 18 years, a stepchild who acquired that status before the age of 18 years and who is a member of the veteran's household or was a member of the veteran's household at the time of the veteran's death, or an illegitimate child; and

(i) Who is under the age of 18 years; or

(ii) Who, before reaching the age of 18 years, became permanently incapable of self-support; or

(iii) Who, after reaching the age of 18 years and until completion of education or training (but not after reaching the age of 23 years) is pursuing a course of instruction at an approved educational institution. For the purposes of this section and §3.667, the term “educational institution” means a permanent organization that offers courses of instruction to a group of students who meet its enrollment criteria. The term includes schools, colleges, academies, seminaries, technical institutes, and universities, but does not include home-school programs.

(Authority: 38 U.S.C. 101(4)(A), 104(a)) (2) For the purposes of determining entitlement of benefits based on a child's school attendance, the term child of the veteran also includes the following unmarried persons:

(i) A person who was adopted by the veteran between the ages of 18 and 23 years.

(ii) A person who became a stepchild of the veteran between the ages of 18 and 23 years and who is a member of the veteran's household or was a member of the veteran's household at the time of the veteran's death.

(3) Subject to the provisions of paragraphs © and (e) of this section, the term child also includes a person who became permanently incapable of self-support before reaching the age of 18 years, who was a member of the veteran's household at the time he or she became 18 years of age, and who was adopted by the veteran, regardless of the age of such person at the time of adoption.

(Authority: 38 U.S.C. 101(4)(A)) (b) Stepchild. The term means a legitimate or an illegitimate child of the veteran's spouse. A child of a surviving spouse whose marriage to the veteran is deemed valid under the provisions of §3.52, and who otherwise meets the requirements of this section is included.

© Adopted child. Except as provided in paragraph (e) of this section, the term means a child adopted pursuant to a final decree of adoption, a child adopted pursuant to an unrescinded interlocutory decree of adoption while remaining in the custody of the adopting parent (or parents) during the interlocutory period, and a child who has been placed for adoption under an agreement entered into by the adopting parent (or parents) with any agency authorized under law to so act, unless and until such agreement is terminated, while the child remains in the custody of the adopting parent (or parents) during the period of placement for adoption under such agreement. The term includes, as of the date of death of a veteran, such a child who:

(1) Was living in the veteran's household at the time of the veteran's death, and

(2) Was adopted by the veteran's spouse under a decree issued within 2 years after August 25, 1959, or the veteran's death whichever is later, and

(3) Was not receiving from an individual other than the veteran or the veteran's spouse, or from a welfare organization which furnishes services or assistance for children, recurring contributions of sufficient size to constitute the major portion of the child's support.

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