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    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
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    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      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.

      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’.


      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.


      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?


      I 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.
      • 2 replies
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MarineLCpl

Married filing jointly w/ IU spouse

Question

Hello everyone, 

I have a question regarding taxes. If this isn’t the correct place for this question, I have no issue with a mod moving the topic to the appropriate place. 
 

I’m seeking information on how to go about handling tax returns. My girlfriend and I have talked about marriage. She’s a registered nurse so that’s her income source. I’m a disabled vet, currently rated at 80% but receiving 100% IU. 
 

If we do get married and file jointly, would there be any negative consequences for either of us if she’s the only one with reported income? Meaning will this status affect her returns in a negative way versus if we were to file separately? 
 

I’m just concerned about her having to pay more or possibly receiving less because she’s the only one with earned income. 
 

I hope everyone is well. I’m just looking to be informed before going through with the marriage and can’t find definitive answers to these questions. 
 

God bless, 

MarineLCpl

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Well, She/you would probably end up paying less because of reduced AGI and the allowances given to married vs. single. Ive been P and T and 100% for a few years now and we've always filed jointly, with just her income, because we still get the married allowances even if I wasn't making any income. 

CAS

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18 minutes ago, MarineLCpl said:

Hello everyone, 

I have a question regarding taxes. If this isn’t the correct place for this question, I have no issue with a mod moving the topic to the appropriate place. 
 

I’m seeking information on how to go about handling tax returns. My girlfriend and I have talked about marriage. She’s a registered nurse so that’s her income source. I’m a disabled vet, currently rated at 80% but receiving 100% IU. 
 

If we do get married and file jointly, would there be any negative consequences for either of us if she’s the only one with reported income? Meaning will this status affect her returns in a negative way versus if we were to file separately? 
 

I’m just concerned about her having to pay more or possibly receiving less because she’s the only one with earned income. 
 

I hope everyone is well. I’m just looking to be informed before going through with the marriage and can’t find definitive answers to these questions. 
 

God bless, 

MarineLCpl

Nope wont affect her negatively at all.  In fact it could put you guys at a lower tax bracket and affect her positively if anything.

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Posted (edited)
38 minutes ago, brokensoldier244th said:

Well, She/you would probably end up paying less because of reduced AGI and the allowances given to married vs. single. Ive been P and T and 100% for a few years now and we've always filed jointly, with just her income, because we still get the married allowances even if I wasn't making any income. 

CAS

This is kinda what I’m gathering. If we do get married, she would be the one reporting her income, as I have no “taxable” income to report. Of course, if I were to do some marginal type employment, I would report that income alongside hers, but I don’t ever foresee the income stemming from that being over the poverty level for a single person. 
 

I would love to try my hardest and do marginal work if able, but I’ve been swayed for years(even by people on this forum) that it’s not worth the risk because you’re basically giving the VA an excuse to “reevaluate” you, potentially damaging or removing your IU rating all together. Now I have no doubt that if I were to have to defend this marginal work(would likely be self-employment type services based on my degree), I could explain how the work was done on my own terms, at my leisure, but the fear of opening that can of worms is off putting for me, so I don’t risk it. I would really like to though, if to be able to contribute to an IRA or some type of retirement fund, as you can’t contribute to a Roth without “earned income.” 
 

I’m very lost to say the least. I’m just thinking in terms of security for my family. The lack of information for special circumstances like this is very disheartening. Disabled Veterans afraid to do any work at all to earn extra income. I’m grateful for my IU rating, but the income from that isn’t anything to really write home about. Deciding to try and work and maybe earn 10k a year, but risking 36k in VA disability to do it... 

Edited by MarineLCpl

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Well, to make sure, consult YOUR tax professional.  I have one, she does my taxes for about 100 per year.  Great deal.  While I wont go into details, my tax returns are complex.  

I read recently that the Bible contains about 783,137 words.  https://wordcounter.net/blog/2016/02/21/101241_how-many-pages-are-there-in-the-bible.html#:~:text=These are made up of,and similar fantasy novel epics.

 

However, I understand there are over 11,000,000 words to Obama Care, and this is not near all the words for the tax code.  If we have difficulty understanding the Bible, how would we ever understand tax code??? 

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2 hours ago, broncovet said:

Well, to make sure, consult YOUR tax professional.  I have one, she does my taxes for about 100 per year.  Great deal.  While I wont go into details, my tax returns are complex.  

I read recently that the Bible contains about 783,137 words.  https://wordcounter.net/blog/2016/02/21/101241_how-many-pages-are-there-in-the-bible.html#:~:text=These are made up of,and similar fantasy novel epics.

 

However, I understand there are over 11,000,000 words to Obama Care, and this is not near all the words for the tax code.  If we have difficulty understanding the Bible, how would we ever understand tax code??? 

Based on the research I’ve done thus far, it appears that it could possibly lower her tax bracket if we filed jointly. Based on the bracket stats, her income is currently in the 22% range as “Single.” Married filing jointly puts her income in the 12% range, granted I had no income to report. But doing the math, even if I picked up 10k from marginal employment(would probably never happen, but if), we’d still fall a few thousand short from jumping back into the 22% range. I guess another primary concern is how the VA would look at spousal income in regards to my benefits. 

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  • Our picks

    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
      • 4 replies
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
      • 4 replies
    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      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.

      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’.


      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.


      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?


      I 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.
      • 2 replies
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