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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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hawkcrewchief

Can My Disability Be Counted As Income For Divorce/child Support?

Question

I've done some research and read what the USC says on how no one can attach benefits to any hearing.

And I know the Supremacy Clause states that when state and federal law conflict federal law always wins. So how is it I'm being told I have to claim it as income, and it will be calculated into there crappy formula.... Please help!

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On 12/16/2010 at 7:40 AM, carlie said:

I believe everyone should support their children

both financially and emotionally - we need to be there

for our children.

 

Here's lots of links in regards to the OP question.

 

http://www.google.com/search?sourceid=chrome&ie=UTF-8&q=va+disability+benefits+%2Bchild+support

We do support the children above and beyond the court order. Pay 100% of air fare to include an extra round trip ticket because the mom thinks the children will be abducted, even though children are 8 and 11. 

Every time kids visit we spend $250 plus because all clothes sent are way to small and not proper for the climate.

During summer visits they're enrolled in summer camp 3X's a week, while we still pay her monthly support of $1100. In addition to camp, they have weekly horse riding lessons, skating lessons, 4-H camps, and karate. 

Anything extra for school we end up footing those bills as well. Oh, mom screwed up the insurance for a surgery and now expects us to pay the full $5k immediately.

When with mom they have ZERO extracurricular activities. So as far as supporting children both emotionally and medically, we can't afford much more unless we want to loose everything. 

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This is about a 5 year old post.  Basically, a wife can call VA and tell VA she has a court ordered child support of xxx dollars per month.  The VA will tell the wife to send a copy of this court order, and VA will "apportion" the applicable xxx dollars per month.  In other words the VA will withold xxx dollars from the Vet, and deposit this money to the wifes account, per the court order. 

Whether we like it or not, the VA does this.  

The VA wont "apportion" mastercard, if you did not pay that bill, and they wont "apportion" your doc bill either.  But child support or alimony will result in a near immediate apportionment of your funds.  

The regulation is here:

21.330 Apportionment.

(a) General. Where in order, VA will apportion subsistence allowance in accordance with § 3.451 of this title, subject to the limitations of § 3.458 of this title. If the veteran is in receipt of benefits at the Chapter 30 rate, VA will not apportion these benefits.
(Authority: 38 U.S.C. 5307(c))
(b) Effective date. The effective date of apportionment will be as prescribed in § 3.400(e) of this title.
(Authority: 38 U.S.C. 5307(c))
(c) Child adopted out of family. Where evidence establishes that a veteran is the natural parent of a child or children legally adopted outside of the veteran's family, VA will apportion in favor of the child or children only that additional amount of subsistence allowance payable on account of the existence of the child or children. The veteran is not entitled in his or her own right to the additional amount of subsistence allowance payable for the child because of the existence of the child unless the veteran is contributing to the child's support.
(Authority: 38 U.S.C. 5307(c))
(d) Veteran convicted of a felony. The subsistence allowance of a veteran in a rehabilitation program after October 17, 1980, may not be apportioned if the veteran is incarcerated because of conviction for a felony.

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Does the VDPA still stand as offical?

Can VA benifits & SSI be used when deciding a child support amount here in FL? If it those are the source only income.

 

I have look and still find different answers.

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Yes. They can't garnish it directly but they can use it to figure support,

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At least you won't have to worry about Writing the Check or falling behind on your monthly Support Payments. Between the VA and the Child Support Division at the Court, your kid's should be well provided for through age 18 or until they get out of college.

Your wife will never be able to call you a Dead-Beat Dad.

Let us know what the final Monthly Number is.

Semper Fi

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    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
      • 4 replies
    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
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