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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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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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Can Social Security take any disability pay or back pay when rated at 100% P&T?


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I have a friend that is in his 70's and has been recently rated at 80% but all his claims have not finished processing. His wife is on hospice and social security is taking care of the cost. 
He will probability be getting a little over 2 years worth of back pay worth over $60,000 when his is finished. He is on track to be rated at 100% P&T unemployable under chapter 35.
If this is the case his wife would become eligible for health care and prescriptions under champ VA.
He is worried that social security will take his back pay because they have been paying for his wife's care. He is also worried that they will make him pay for her care in the future.
I told him that I would check and see what could happen.
I think that social security can't touch his back pay or his disability pay in the future.
That champ VA would become her secondary insurance to social security for any future health care with no copay.
Her prescriptions will also be taken care of through champ VA with no copay. 
Please advise me if my thoughts are correct and if they are not please advise me what to tell him.

Thank You!!!!!!

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I believe your thoughts are correct.   Unless his wife uses all her benefits, then if she Needs assisted living or nursing home, income becomes an issue.

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They cant "take" the retro in my laypersons opinion.  Im not an attorney, so the poster should consult one.  VA benefits are "disability compensation", they are not "earned income".  

VA's own website, Vantage point, says VA compensation is "not income", and explains it here:

https://www.blogs.va.gov/VAntage/34844/compensation-101-what-exactly-is-va-compensation/

My tax person says "Dont put your VA disability income on your tax return".  It confuses IRS as its not taxable.  Its not "earned income", but rather compensation for our injuries suffered in service.  The retro payment suggests that the in service injuries "reduced his earning capacity", and this is payment for his reduced earning capacity BEFORE his wife was put in the nursing home.  

But, more specifically read this to see if the criteria applys to you:

https://myarmybenefits.us.army.mil/Benefit-Library/Federal-Benefits/Federal-Taxes-on-Veterans-Disability-or-Military-Retirement-Pensions?serv=122

 

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I am receiving VA disability and Social Security concurrently.  Your friend is in a special situation though in that SS is paying for his wife's medical care.  I would take hamslice's advice and see about consulting a family planning lawyer for one visit.  It is always better to have professional advice when your situation is unique.

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I will reiterate what Vetquest and others have already said:  For a definate answer, consult an attorney.   We are not attorneys.  For me, however, I am confident enough that I would not bother.  But, if consulting an attorney gives you peace of mind, then by all means consult an attorney.  

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