Going through and assisting my son with his taxes yesterday, and I had to do a bunch of research on how Chapter 35 affects AOTC and/or LLC education credit. It was astounding to me how many "experts" threw out answers about what a person could and could not do with regard to the education credits that were completely WRONG. Here's the actual low-down for anyone who is confused:
Chapter 35 is NOT the GI Bill. There is no benefit within Chapter 35 that is "required to be used for educational expenses". Chapter 35 payments are the "equivalent" of BHA payments in the GI Bill program. Most "States" offer a Tuition "waiver" or "reimbursement" for people who are eligible for Chapter 35; but that money does not come to the person "through" Chapter 35 or the VA.
When discussing the Federal Education Benefits, you would absolutely file the 1098-T the school sends you. What it will show is all fees and tuition "required to be paid directly to the institution" (Box 1)in order to attend. It will also show all "grants" and/or "waived" Tuition paid by the State or any other benefit program. (Box 5)
Most of the time, a Chapter 35 recipient will have a higher number in Box 1 than Box 5 since typically (unless receiving another grant/scholarship) includes the "other than Tuition" fees the school charges (i.e. labs, equipment, insurance of some sort, meal plans, etc...)
In that section of your taxes, you would enter the amounts the school shows in those boxes. Then, you would enter any "additional eligible expenses" you incurred (i.e. books, etc..) required to attend but not required to be paid directly to the institution. In my son's case, that would be over $700 (note: parking/transportation is not an eligible expense).
Then, you will answer "Yes" to the question asking if you participated in a plan run by the VA. In that section you would enter $0 for the amount of the money you got from the VA that was "required to be used foreducational expenses" because the Chapter 35 payments are NOT required to be used for anything in particular. They can be used for whatever the recipient deems necessary. The only time you'd enter anything in that box would be if you received a payment from the VA that was SPECIFICALLY REQUIRED TO BE USED FOR AN EDUCATION EXPENSE. This is usually something existing in GI BILL PAYMENTS FOR TUITION NOT CHAPTER 35 PAYMENTS.
Please don't lose tax benefits you or your dependents are eligible for due to really bad information given by some "expert" on the internet.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.
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flow1972
Going through and assisting my son with his taxes yesterday, and I had to do a bunch of research on how Chapter 35 affects AOTC and/or LLC education credit. It was astounding to me how many "experts" threw out answers about what a person could and could not do with regard to the education credits that were completely WRONG. Here's the actual low-down for anyone who is confused:
Chapter 35 is NOT the GI Bill. There is no benefit within Chapter 35 that is "required to be used for educational expenses". Chapter 35 payments are the "equivalent" of BHA payments in the GI Bill program. Most "States" offer a Tuition "waiver" or "reimbursement" for people who are eligible for Chapter 35; but that money does not come to the person "through" Chapter 35 or the VA.
When discussing the Federal Education Benefits, you would absolutely file the 1098-T the school sends you. What it will show is all fees and tuition "required to be paid directly to the institution" (Box 1)in order to attend. It will also show all "grants" and/or "waived" Tuition paid by the State or any other benefit program. (Box 5)
Most of the time, a Chapter 35 recipient will have a higher number in Box 1 than Box 5 since typically (unless receiving another grant/scholarship) includes the "other than Tuition" fees the school charges (i.e. labs, equipment, insurance of some sort, meal plans, etc...)
In that section of your taxes, you would enter the amounts the school shows in those boxes. Then, you would enter any "additional eligible expenses" you incurred (i.e. books, etc..) required to attend but not required to be paid directly to the institution. In my son's case, that would be over $700 (note: parking/transportation is not an eligible expense).
Then, you will answer "Yes" to the question asking if you participated in a plan run by the VA. In that section you would enter $0 for the amount of the money you got from the VA that was "required to be used for educational expenses" because the Chapter 35 payments are NOT required to be used for anything in particular. They can be used for whatever the recipient deems necessary. The only time you'd enter anything in that box would be if you received a payment from the VA that was SPECIFICALLY REQUIRED TO BE USED FOR AN EDUCATION EXPENSE. This is usually something existing in GI BILL PAYMENTS FOR TUITION NOT CHAPTER 35 PAYMENTS.
Please don't lose tax benefits you or your dependents are eligible for due to really bad information given by some "expert" on the internet.
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flow1972
Going through and assisting my son with his taxes yesterday, and I had to do a bunch of research on how Chapter 35 affects AOTC and/or LLC education credit. It was astounding to me how many "experts"
broncovet
Correct, and thank you. Benefits paid to the Veteran are not taxable, and IRS says dont put those benefits on your tax return. My accountant agrees. Source: https://www.irs.gov/individuals/i
Sgt. Wilky
This is an excellent post. I just qualified for Chapter 35 benefits and received some paperwork in the mail from the VA for my (just turned) 16 y/o son. My accountant should be aware of this, but I wi
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