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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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Ronc531

Wife and son benefits?

Question

Do I need to be at 100% for my wife and son to get medical benefits? I am at 90%, do my wife and son qualify for any benefits through the VA?

 

Thanks

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Basically, yes. Champ insurance starts at 100 for your dependents at 100% and so do education benefits. Aid and attendance for her is possible if the need is there, but that is all I can think of. We don't know anything about your disabilities, but at 90%, if you can't work, you should also be looking into SSDI. You can and many veterans apply for and receive both VA disability and Social Security. Good luck sir.

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Both CHAMPVA and DEA (Chapter 35)require the same criteria:

https://www.va.gov/COMMUNITYCARE/programs/dependents/champva/CHAMPVA_faq.asp

 

https://www.benefits.va.gov/VOCREHAB/Dep_Edu_Assist_Chapter_35.asp

If you are determined to have any SC disability that VA rates at 100%Permanent and Total, they will enclose the DEA Education forms with the award letter.

I got the DEA forms with my award letter, which took my deceased husband up from 30% SC for PTSD to 100% P & T for PTSD , and VA sent a separate letter as to CHAMPVA, and that has to be applied for separately.

If you are 100% P & T , did they send you the DEA Chap 35 forms with the award letter?

In my locale there are also property tax exemptions for veterans and their survivors,depending on the VA ratings.

A 100% P & T rating will often garner two exemptions.

SSA awarded my husband SSDI solely for PTSD in his lifetime, and this evidence was considered by VA after he died, to warrant the 100% SC P & T rating.The SSA award was only based on his VA medical and psychiatric records. His claim for higher than 30% rating was filed 2 years before he died, and the 100% VA rating of 100% P & T came 3 years after he died, 1997,  as I was eligible for accrued benefits. The VA gave me the proper EED, Nov 1991, the same one SSA gave him.

It pays for any veteran to obtain a 100% SC P & T rating if they can.

If a vet dies with 100% P & T in their lifetime for ten continuous years, the spouse will get DIC with no problems, even if death is due to a Non service connected cause.

 

 

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22 minutes ago, Berta said:

It pays for any veteran to obtain a 100% SC P & T rating if they can.

Ms. Berta as always is so correct, I am at 100% but not P&T. I do not get the additional benefits of being exempt property tax, personal property tax (in Virginia they also have personally property tax), and the educational benefit. So you really want to be more than 100%, you want the P&T portion as well.

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I didn’t mean to imply that TDIU is not a potential award that could include DEA, and CHAMPVA benefits but that depends on the factors in the TDIU rating.

This May 2019 BVA decision explains how that happens:

https://www.va.gov/vetapp19/files5/19136037.txt

 

“3. Entitlement to DEA prior to February 24, 2016

 

“The effective date assigned for eligibility for DEA benefits (February 24, 2016) was based on the Veteran’s award of TDIU from that date to the present.  As discussed above, the Board has concluded that the criteria for TDIU have been met for the entirety of the appeal period under consideration – which is March 21, 2007, to the present.  As such, the criteria for eligibility for DEA benefits have also been met as of March 21, 2007.  Nothing in the evidence shows that the Veteran had a permanent and total disability prior to that point.  None of the other criteria.,    ”etc - along but good read of this case....

The veteran in this case had, from March 2007, a single 70% SC award that garnered TDIU, based solely on his SC PTSD.

As the decision states however, nothing indicated the TDIU was P & T prior to 2007.

Hope this helps.

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      • 14 replies
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