Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Do You Have The Answer To This Problem?

Rate this question


Wicklander

Question

Hello to everybody. I need some help with a question. Since the VA will not give me any answers on this subject the veterans on the forum is my only hope.

I am a disabled veteran with 30% disability. I am married and have one child. Normally I would receive "extra" compensation because I have dependants. (Wife, child). Easy right?

Here is the problem. My wife and child are Germans, we all live in Germany, and because my wife and child DO NOT have American social security numbers (obviously) I was denied the extra compensation for my dependants. Siting that when I filled out the forms I did not include their SSN'S, (I couldn't, they don't have any!)

I have tried to get the va to understand this but I keep getting the run around. All they do is to fill out form 21-686c. This is the form I originally filled out to include them (but I can't!). They won't even listen to what I am telling them. They will not give me an answer on what I can do to include my wife and child.

Does somebody here have any idea what I can do to include my family?

Thanks.

Mark (wicklander)

Link to comment
Share on other sites

  • Answers 14
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Hello to everybody. I need some help with a question. Since the VA will not give me any answers on this subject the veterans on the forum is my only hope.

I am a disabled veteran with 30% disability. I am married and have one child. Normally I would receive "extra" compensation because I have dependants. (Wife, child). Easy right?

Here is the problem. My wife and child are Germans, we all live in Germany, and because my wife and child DO NOT have American social security numbers (obviously) I was denied the extra compensation for my dependants. Siting that when I filled out the forms I did not include their SSN'S, (I couldn't, they don't have any!)

I have tried to get the va to understand this but I keep getting the run around. All they do is to fill out form 21-686c. This is the form I originally filled out to include them (but I can't!). They won't even listen to what I am telling them. They will not give me an answer on what I can do to include my wife and child.

Does somebody here have any idea what I can do to include my family?

Thanks.

Mark (wicklander)

1) Have you provided proof of marriage ?

2) Have you provided proof of Birth showing you as the biologic father ?

2) Were EITHER of you married - prior to this current marriage ?

If yes - have you submitted an official divorce decree/s from a recognized court ?

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

  • Lead Moderator

Well, that is a good question. Here is my take. There are certain priveledges (and responsibilities) of being a US citizen, as evidenced with a SSN. I do not think you will get payments from the VA without an SSN (and US citizenship). The VA uses SSN to do income checks, IRS taxes, and to uniquely identify you. No SSN, No dependent compensation. Without a SSN, the VA cant be assured that you are not a dependent on someone elses benefits also.

Solution: Make your kids US citizens, along with a Social Security number.

They would not give me dependent benefits either, until I provided a SSN. It sounds like you have a choice: Get your kids US citizenship, and a SSN, or not count them as dependents for VA purposes.

Link to comment
Share on other sites

This link and contact info for Germany might provide some help to you:

http://www.va.gov/hac/forbeneficiaries/fmp/fmp.asp

(Foreign Medical Program VA)

Then again maybe the VA doesnt have to pay for your dependents but wouldnt that fall under your SSN # anyhow?

Has the VA quoted you any law or regulation to support what they have said?

The US Embassy and Consulates are here with contact info under the Europe part:

http://www.usembassy.gov/

I think everyone is right and they dont have to pay for your dependents but it sure would be good to know that is an actual regulation somewhere.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • Lead Moderator

The VA will not give YOU benefits without a SSN. If you fail to provide your SSN, you wont get your benefits. See form 26-4555d, which says,

PRIVACY ACT NOTICE: VA will not disclose information collected on this form to any source other than what has been authorized under the
Privacy Act of 1974 or Title 38, Code of Federal Regulations 1.576 for routine uses identified in the VA system of records, 55VA26, Loan Guaranty
Home, Condominium and Manufactured Home Loan Applicant Records, Specially Adapted Housing Applicant Records and Vendee Loan Applicant
Records - VA, and published in the Federal Register. Although VA does not routinely disclose information collected on this form, it is authorized to
release information to Congress when requested for statistical purposes. Giving us your SSN account information is mandatory. Applicants are
required to provide their SSN under Title 38 USC 5101©(1). Refusal to provide your SSN by itself will not result in the denial of benefits. VA will
not deny a veteran benefits for refusing to provide his or her SSN unless the disclosure of the SSN is required by a Federal Statute of law in effect
prior to January 1, 1975, and still in effect. Your obligation to respond is voluntary but failure to provide requested information could impede
processing.
In short, this means no ssn, no benefits. A similar notice appears on other VA forms.
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use