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

I Dont Know What Is Next

Rate this question


719joshua

Question

Ok so on 1/24/2012 i filled a claim for compensation and then on 11/02/2012 i filled a claim for dependency well as of 07/31/2013 the dependency claim went throw but not my compensation and i was told that they would go throw at the same time by the va so i just dont know whats going on should i wait to call or should i call first thing in the morning im just worried i wont get the dependency claim because im on 10% so im worried they denied it because of that and didnt do it after my compensation claim went throw like i was told they would do

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • Lead Moderator

You have a year after the decision to refile dependent claims. The VA regularly "scratches off" dependents and requires the Veteran to resubmit dependent information even tho it was already submitted with the application. I have been fighting the VA for 11 years on dependents, which was originally submitted in 2002. Dependent information mysteriously disappeared in 2002, 2006, 2007 and 2013. I found the original copy of my 21-426 and the dependents are on it. Still, I cant get dependents benefits previous to 2006, and only then after taking the VA to the CAVC. The VA fights you tooth and nail on everything. Whenever you submit dependents information again, be sure to send it certified mail return receipt requested, as you can expect it to disappear.
Also send it electronically through ebenefits.

Link to comment
Share on other sites

To have your dependent child added onto your award, you need to provide the name, birthdate, city or county and state of birth, and social security number (unless under two years old). The VA will track your claim for dependency called an "EP 130". EP 130's are considered a claim and an award is necessary to process a grant of benefits.

1. If you are not s/c for at least 30%,your claim will be denied unless you have a pending claim being processed then VA will hold off on making a decision until the pending claim for compensation is decided. Once decided and you are granted compensation at 30% or more, they will add the dependents at the time of the decision. (that is IF they have all the information as listed above). If they don't add at the time of the decision, the notification letter will tell you specifically what you need to send to VA to have your child added.

2. If you are s/c at 30% or more, and you do not have a currently pending claim, the VA will process your claim to add dependents and IF they have all the information necessary, they will add your dependents to your award. The effective date depends on when they receive the claim asking to add dependents or the date of the award granting the 30% or more. If the dependent claim is received prior to the decision grant or within one year of the decision grant of 30% or more the dependents will be added on effective date of the 30% grant. If the claim is received more than one year from the date of s/c for 30% or greater, the effective date is the date the claim to add the dependent child is recevied.

The same thing holds true for adding a spouse,name, birth date, county and state, and SS number (SS number is mandatory), and information concerning previous marriages with first and last name of who your spouse was married to, and the date (month and year), county and state, the divorce took place for each prior marriage. ALso your current marriage information, the date, and place. If the Veteran was previously married the same information is needed about the Veteran's former spouse. This all needs to be completed on VA From 626c. (school age children 18 to 23 need to have the VA Form 21-674 filled out and sent in)even if they are still in high school.

Edited by harleyman
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

    • kidva earned a badge
      Collaborator
    • dennis simpson earned a badge
      Collaborator
    • Dave119 earned a badge
      One Month Later
    • ShrekTheTank went up a rank
      Contributor
    • kidva went up a rank
      Rookie
  • 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