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VA Compensation and Wife's Pension
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Mac964
Bare with me. I am a stroke survivor and want to make as much sense as possible.
I am a Military Vet who receives 100% compensation monthly. I have an award of 70% service connected disability, considered Total and Permanently disabled due solely to my service connection disabilities, plus unemployable due to those disabilities. I no longer have to have exams for claim status.
My wife, has never served. She is a civilian. We have been getting documents in order and reviewing and that is how all this started and we can NOT get a straight answer.
My wife has a Pension naming me Beneficiary, as well as Life Insurance. Remember: NOT MILITARY. She also told me, at age my current age of 61, that I have to remember to file for Social Security before age 65. Straight Social Security NOT disability. She decided to contact a VSO at the VA and what a mess. He told her that: 1) In the event of her passing naming me Beneficiary to her own Pension and Life Insurance, MY VA Compensation would be greatly reduced as this would be considered: "EARNED INCOME"??? 2) if I were to apply to my entitled SS, that would also be considered "EARNED INCOME" and my rating would change as well as greatly reduce. Make NO sense to me as it is not EARNED, taxable yes, EARNED: NO.
So, to day I contact the VA Benefits and Claims dept. via phone. I was told the very same thing. I tried to explain to the very, very rude Representative that how can a "gift" be EARNED INCOME? He said I could apply for Social Security, but again it would be considered EARNED INCOME and I would be penalized via the VA??? What? I tried to get him to clarify and he wouldn't. Basically said, "Request to remove your TDIU portion, unemployability rating to reduce your total 100% compensation. Then you can apply for Social Security as LONG AS IT IS NOT OVER THE AMOUNT ALLOTTED FOR YOU TO EARN MONTHLY. This will apply to your wife's Pension as well when and if she does not survive you.
So, now I am extremely confused, stress and angry. I hope I made sense of this senseless *(&()(&...and maybe someone can shed light on this.
-at 100% compensation
-Total and permanently disabled due to service connection
-70% at a 100% compensation
-age: 61
-TDIU
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