Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Finally a decision/ but dependent question


mtmorical

Question

 

Hi everyone!

Good news, we finally have our claim approved today! YAY!

It was a mess, but we have a great VSO that works closely with the VA raters and was able to get our claim expedited, amidst all the mess, it still worked out! VSO has even filed a secondary claim for his left knee due to his right knee and hopefully he'll be able to get the TKR that is needed on his left knee as well.

I have a couple questions:

Will the VA process my backpay and my monthly benefit while they are reviewing the dependents we add? Will I at least get the Veteran pay without dependents?

Should we wait for that pay prior to adding the dependents?

Can I add my mother in-law? She lives with us and has terminal cancer and we provide all care for her in our home.

We do have a financial hardship in place for the temp 100% and for the secondary claim as well, will this apply to adding dependents?

I have a son that is almost 20 but is attending the same college as I am, is there anything I need to supply aside from his schedule for him to be approved?

Rough idea of how long it takes to add dependents? I have my wife, 1 minor child we had together, 2 step children, and 1 child over 18 attending school.

 

Thanks everyone for the help the last few weeks!

 

 

Edited by mtmorical
  • Like 1
Link to comment
Share on other sites

2 answers to this question

Recommended Posts

  • 0

GREAT News: I will try a few questions...others will chime in

"Should we wait for that pay prior to adding the dependents?" They may well have added them already...hard to say.

"Can I add my mother in-law? She lives with us and has terminal cancer and we provide all care for her in our home."

If you mean she is a dependent of the veteran,in some cases,  that is possible but I don't have the regs...will try to find.

"We do have a financial hardship in place for the temp 100% and for the secondary claim as well, will this apply to adding dependents?" should.

"I have a son that is almost 20 but is attending the same college as I am, is there anything I need to supply aside from his schedule for him to be approved?"

Now I am really confused at what the award will be for........

100% P & T or TDIU P & T will grant the son Chapter 35 benefits. The EED of the award will determine if they owe him any refunds in past tuitions.

VA will send the Chapter 35 application with the award letter...if it is for 100% P & T or TDIU P & T.

He will need to provide VA Education Department with a copy of your award and anything in the decision as to his entitlement to Chapter 35.

I assume his school is fully VA approved.

Chap 35 DEA is not like Voc Rehab.

I had to pay my tuition first for each semester, then notify my veterans counselor at AMU and their Financial aid office would send her a copy of the paid tuition. that she would send to VA Edu in Buffalo NY.

The VA check ( which was close to the tuition amount but they figure that out a special way explained here in many Chapter 35 posts I have made)

would come maybe usually in a few weeks sometimes after paying the tuition. I think they had to have proof that I was actually attending the courses I was enrolled in first.

 

 

 

 

  • Like 1
Link to comment
Share on other sites

  • 0

Dependent parents regs:

"A Veteran who is entitled to compensation, and whose disability is rated not less than 30 percent, shall be entitled to additional compensation for a spouse, child, and/or dependent parent."  38 U.S.C.A. § 1115 (West 2014); 38 C.F.R. § 3.4(b)(2) (2014). 

I suggest googling 38 CFR 3.4(b)(2) because the actual criteria is there.

I found this in a BVA decision in which case they denied the dependency claim  for a good reason.

 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • I found this quiet Interesting supreme court decison
      click the link to read about this.

      https://usmilitary.org/supreme-court-decision-may-affect-veterans-across-the-us-wave-disability-deadline-for-thousands/

      From the Article

       
        • Thanks
        • Like
      • 24 replies
    • A VA Compensation and Pension Examiners Perspective
      A VA Compensation and Pension Examiners Perspective

      This person is going to judge you. It’s their job, and that is why you are there. To be adjudicated fairly. How would you like to be remembered? A scuzzy stereotypical veteran? Or a troubled one who is doing the best they can?

      Do not talk about alcohol or drug-related issues. You are not there to be assessed for those problems. You are there to be evaluated for your psychiatric functioning as today relates to your service history. If the examiner asks about alcohol or drugs, politely remind them that you are not there for those issues if you’ve ever had them, but for how impaired you are in your daily functioning. It’s best to avoid even talking about them. Got a VA horror story? I can tell you a worse one. Don’t waste your time with how badly you believe you’ve been mistreated. The examiner only has a short time to figure out how impaired you are, and they need the facts, concise sentences, and not rambling rants that lead nowhere.
      • 0 replies
    • VA Math, Confusing, Right? Calculate Your Final Rating Percentage!
      10 + 50 = 50 and other VA math mysteries explained.

      VA Math It’s Not Your Mother’s Arithmetic 

      “VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service-connected and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating.
      • 2 replies
    • VA will propose adding rare cancers to the presumed service-connected list as related to military environmental exposure
    • Post in I need some help, please
      If you are looking for help taking care of him something like a home health aide that comes in during the week and helps with what he needs help with. For this I would contact your local VA hospital and ask to speak to the Social Worker, explain your situation, ask for help and how to proceed.

      If you are looking for additional compensation in the form of Special Monthly Compensation check out this video from CCK Law I think it will give you a good idea what it is and how to go about applying for it.

      For example there is a Special Monthly Compensation Rate for TBI try reading this article from The Veterans Law Blog on SMC T It is a subscription site but it allows you to view 3 articles for free a month.

      Special Monthly Compensation (SMC)

      I hope this helps.

       
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...

    question-001.jpeg

    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.

    1. 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’.
    2. 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.
    3. 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?
      • 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.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

×
×
  • Create New...

Important Information

{terms] and Guidelines