Dependents And Retro Payments?

[SCAATY]

I have a question about my 19 year old son and retroactive payments. I thought I say an answer to this question somewhere, but my memories is shot these days, and I can't seem to find the answer again. Here it is and please forgive me if this has been answered in another thread somewhere. If there is any retroactive payments for dependents (my son) from before he turned 18 will that retro go to me or him, since he is now over 18 and not in school?

I ask this question because when my son turned 18 Social Security cut him a $7000 check and he blew it within weeks, and, given his childhood, I don't blame him. Long story. I don't care if he gets any retro, lord knows he deserves it, but I sure as heck don't want him to get a large retro payment right now because he is way too irresponsible. He has a child on the way and I sure would like to make sure he uses the money wisely. Make sence? I know he is over 18 and I have no control over him but...

Somewhere I read that I will have a year from the date of any decision to put in for dependents, and if I find out that he will be getting a bunch of money from the VA I will wait to put the claim in for him as my dependent until that year is nearly over. There you have it, I am the meanest parent to ever walk the face of the earth. At least, that is what both of my children would tell you. LOL

Thanks

[Gulfvet45]

Any thing for him when he was under 18 is yours and not his. it was to help you to raise him.

[Philip Rogers]

I'm going to disagree on this. I believe it will go to him, as he is now of age. SS does it so why wouldn't the VA, also. They are both gov't agencies and required to follow the law. It's sad they will waste it but it's their choice, as they are adults, now. jmo

pr

Any thing for him when he was under 18 is yours and not his. it was to help you to raise him.

[71M10]

Well I had this very same issue with No2 son (where does the payment go, not the pregnant girfriend). because it is a payment for a "dependant" it goes to the veteran (at least that is where Detroit sent it).

If it is a payment for educational assistance under title 32 it goes to the student.

From the information you have provided it looks like it is all headed to you.

Hopefully soon your son will re-evaluate his priorities and start doing the things that let you not worry so much about his path in life.

Best regards,

[SCAATY]

Thanks for the responses. I don't think I will ever stop worrying about my kids 71M10. They are going to torture me tell the day I die, but that's o.k. with me. BARTS! Love um just the same.

Well, the VA told me yesterday that my claim was ready to go to the review stage, so that's progress anyway. Not holding my breath though because they told me that that doesn't mean to much because the Reno RO is still working claims from July 2010. My claim is from December 2010 so I figure 6 more months, at least. That's o.k. as long as they get it right this time.

JMO I understand where you are coming from, but just because a child turns 18 doesn't mean they suddenly become a responsible adult. If he didn't have a child on the way I really wouldn't be too concerned about it. He has to make his own mistakes in life but not at the expense of his child. I really do understand where you are coming from though.

[71M10]

Im still waiting for my 26 year old to show signs of a fully oxegynated brain, but he's avoided jail and bill collectors don't call me, so I guess maybe I am just one of those fathers that want to make sure the kids don't repeat thier mistakes.

I definately understand "I don't think I will ever stop worrying"

Best regards,

[carlie]

If there is any retroactive payments for dependents (my son) from before he turned 18 will that retro go to me or him, since he is now over 18 and not in school?

Scatty,

The retro for dependent allowance would go to the claimant - YOU.

Also, I went over your prior posts and have had a change of heart on the issue of CUE.

Issues that were denied in prior decisions, and granted now due to newly discovered

evidence / records not considered in the prior decision this would fall under 3.156c

or possibly even 3.157.

If so, this would not be adjudicated as a grant of CUE.

JMHO