Change Declaration Of Status Of Dependents For Va Compensation Benefits
There are two ways to change the status of your dependents:
1. Paper Forms:
2. VONAPP / eBenefits. The VA is making an effort to move more features and services online, which is faster and less costly in the long run. That is where Veterans On Line Applications and eBenefits.va.gov websites come into play. Veterans are now able to use VONAPP or eBenefits to apply for VA compensation, pension, education, vocational rehabilitation and employment, burial benefits, and more. Veterans can also use this online tool to update the status of their dependents, file claims for increases in service-connected disabilities, add disabilities, and more.
Note: the VONAPP option does not appear to be included as of April, 2016. However, the eBenefits website is available.
Questions about submitting online forms:
S To Add Your Spouse Parent Or Child To Your Va Claim
Step 1: Gather your relevant documents
You may need information such as:
- Social security numbers for spouse, parents and each child
- Detailed schooling information if your child is 18 or older
- Official adoption paperwork
Step 2: Go to eBenefits.va.gov
You can log in to your personal eBenefits account and find Dependents on the left side of your dashboard. OR go to the VA home page to find Apply in the first column of the eBenefits homepage and click Add Remove a Dependent.
Whichever route you choose, the VA provides step-by-step instructions for adding your dependent. For this article, we will be using the VA homepage, not your personal dashboard.
Step 3: Accept the Terms and Conditions
After clicking Add Remove Dependents, youll be shown a privacy act statement. Review and check the accept terms and conditions box. Click Save & Continue on the lower right.
Step 4: Update Your Information, If Needed
The next page is your personal information. Review it, and if you need to make changes, use the Edit Personal Information button on the lower right. When you are done, click Save & Continue. If you made changes, you would need to review it again. Click Save & Continue.
Step 5: Add Your Dependent
Adding Spouses
Youll now see the screen that shows dependent Spouse and below that, Children. If you are making changes regarding your marital status, youll click to update Marital Status and choose from the options offered.
Adding Parents or Children
Veterans Guardian Can Help Answer That Question
The VA disability process can be a difficult, elaborate, and confusing process that requires in depth knowledge and expertise to navigate successfully. Many veterans are either unaware of the benefits they are eligible for, unwilling to engage the process due to its complexity, or frustrated with previous efforts with the VA.Veterans Guardian provides the expertise, knowledge and resources to bridge these gaps.
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How Do You Increase Your Rating For Ptsd
If your doctor or your VA disability claim came back with a denial or a PTSD rating that is too low, take a look at the factors that increase veterans PTSD ratings.
If you served in the military and you now have post-traumatic stress disorder you may qualify for VA disability compensation. But applying for this compensation can be a confusing process. You may not get a fair disability rating the first time. What do you do if your disability rating is too low?
There are a few things you can do to make sure you get a fair rating for your condition. Read on to learn how to increase a VA disability rating for PTSD.
Va Disability In A Divorce
When a veteran has a service-connected disability, she may be entitled to receive VA disability payments from the Department of Veterans Affairs. If the disability rating assigned by the VA is under 50%, then a retired member must waive retirement, dollar for dollar, to receive VA disability.
Why waive retirement to receive disability? Two reasons – first, disability is not taxable, and second, the payments are not divisible by the a domestic relations court.
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Veterans Compensation Benefits Rate Tables
Basic Rates 10%-100% Combined Degree Only Effective 12/1/19
| Veteran with Spouse & One Parent | $527.69 |
| $111.00 |
FOOTNOTES:
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My Ex Has Made A Claim For Apportionment What Happens Now
A. Starting the process – When will the Veterans Administration NOT allow an apportionment?
The VA cannot grant a claim for an apportionment if:
- The amount of your benefits is too small to be divided between you and your children or
- Another person has legally adopted your children to the adoptive parent.)
- The beneficiary is the one who is requesting the apportionment. You cannot ask the VA to send part of your check to your children.
B. If the VA decides that it can grant the claim, what happens next?
If none of the three exceptions above apply, then the VA must gather evidence on these two issues:
This evidence about the children’s needs must be provided by the person who is claiming the apportionment for child support. You must provide the information about your financial situation. The VA will send forms to both of you to fill out. This form asks you for information about ALL of your income and assets and all of your expenses.
- any money that you earn by working
- any Social Security benefits that you receive
- any retirement or pension benefits that you receive
- any public benefits that your receive, such as welfare benefits, TANF, or food stamps
- any money you have in bank accounts
- any money you have in a retirement plan, IRA or 401
- stocks and bonds
- real estate
- all utilities: water, gas, heat, electricity, telephone
- clothing
- school expenses
D. What happens next?
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How To Add Or Remove Dependents From Your Veterans Disability Benefits
If you are a military veteran with a service-related disability rating of at least 10%, you could be entitled to receive disability benefits through the VA. If you have a disability rating of 30% or more and have dependents, you might receive additional compensation. Dependents can be a spouse, child, or even a parent under your care.
Filing for disability benefits can be complicated. It would be best if you worked with a skilled Orlando veterans disability attorney as we can help you expedite the process and increase your chances of approval. If you are already approved for benefits and need assistance with disputing your disability rating or more, contact the Law Offices of Shea A. Fugate, P.A. for assistance.
Changing Declaration of Status for Dependents
There are two ways you can change the status of your dependents. The first is electronically through eBenefits. You will need an account with Premium Access, which will provide you there with a section to add or remove a dependent to your compensation award.
The second method is through a paper form. VA Form 21-686c is the Declaration of Dependents. VA Form 21-674 is the Request for Approval of School Attendance for dependents over age 18 and attending school. The third form is VA Form 21-509, which is a Statement of Dependency of Parent. The form you need will vary based on what changes you need to make.
Should You File Online or Mail Your Forms In?
Contact a Florida Veterans Disability Attorney Today
What Each Rating Means
100% rating: Completely unable to function socially or at work with symptoms such as severely inappropriate behavior, ongoing hallucinations or delusions, consistent threat of harming self or others, unable to remember basic information such as names of close relatives, severe confusion and disorientation, and/or inability to care for self.
70% rating: Unable to function in most social and work areas with symptoms such as obsessive behaviors, illogical speech, depression and panic so persistent that it interferes with ability to function, suicidal thinking, inability to control impulses , neglecting self-care such as hygiene, inability to handle stress, and/or inability to maintain relationships.
50% rating:Some impairment in ability to function socially and at work with lack of reliability and productivity, due to symptoms such as trouble understanding, memory loss , poor judgment, mood disturbances, trouble with work and social relationships, and/or having one or more panic attacks weekly.
30% rating: Some trouble functioning socially and at work, occasionally inefficient with work or unable to perform work tasks, but generally able to care of self and speak normally. Symptoms can include depression, anxiety, chronic difficulty sleeping, mild memory loss, suspiciousness, and panic attacks .
10% rating: Mild symptoms creating work and social impairment when under significant stress, or mild symptoms managed successfully with continuous medication.
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How To Add A Dependent To Your Benefits
The fastest way to add a dependent is online through eBenefits. When you file your dependency claim online, we can make a decision on your claim in as little as 48 hours and it preserves the date of your claim should you receive a favorable award.
Simply log in and click Dependents in the left column of your personal dashboard, or click “Add Remove a Dependent” under the Apply section on the eBenefits homepage. Follow the easy, step-by-step instructions and click, Submit. For more information on the online application process, watch these quick tutorials for adding a spouse and child under the age of 18 and for adding a child over the age of 18.
NOTE: You must have a Premium eBenefits account in order to file your claim online. Dont have a Premium eBenefits account? Learn how to get one in this short tutorial.
If youve already submitted a paper dependency claim, but have not received a decision from us, you should resubmit your claim online through eBenefits. Filing online will allow you to begin receiving your benefits sooner. Your paper claim will still be reviewed, and we will evaluate both the paper and online claim applications. If youre entitled to additional pay, you will be paid based on the most beneficial effective date.
Children And Veteran Benefits
To qualify as a child or surviving child for VA purposes, the child must be a biological child, adopted child, or a stepchild of a veteran. The child must also be unmarried. Finally, the child must either be of a qualifying age or must become permanently incapable of self-support before reaching the age of 18. In order to continue receiving dependency benefits for a child between the ages of 18 and 23 who is in school, the veteran must routinely complete a Form 21-674 Request for Approval of School Attendance and file it with the VA.
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Example Va Disability Pay Calculation
Another example is if the disabled Veteran has a spouse who is determined to require Aid and Attendance. Here we add the figure shown as additional for A& A spouse to the amount shown for the proper dependency code.
For example, a disabled Veteran with a 70% rating and an Aid and Attendance spouse and two minor children would receive $1,830.71 .
If My Ex Does Not Make A Claim For An Apportionment Do I Still Have To Worry About Paying Child Support From My Veteran’s Benefits
Yes. Even if your ex does not ask the VA for an apportionment, he or she can use all the tools that state law allows to try to collect court-ordered child support. Most states can suspend your driver’s license or other state licenses , if you do not pay child support. Your ex can also bring you to court for contempt if you do not pay your child support. If you are found to be in contempt, a court could order you to surrender valuable property or belongings , and a court could order that you serve time in jail for non-payment of child support. In addition, state departments of human services can keep your tax refund and apply it to child support debt.
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Va Disability Counts As Income For Child Support & Alimony
VA disability payments count as income for purposes of calculating child support and maintenance – the fact that they are tax-free payments means they are invisible to the IRS, but not invisible to other agencies or for other purposes.
In Rose v. Rose, 481 U.S. 619 , the U.S. Supreme Court found that VA disability payments were intended not just for the veteran, but as the law stated, to provide reasonable and adequate compensation for disabled veterans and their families.
From this, the Court concluded: “Congress clearly intended veterans’ disability benefits to be used, in part, for the support of veterans’ dependents. Although Rose concerned garnishment of VA disability payments, in that case the disability benefits comprised most of the obligor’s income considered by the state court. While the decision did not explicitly address the fact that the state court counted the disability as income, had the Court taken issue with counting it, the justices certainly had the opportunity to correct the state court.
In a 1991 decision, the Colorado Court of Appeals rejected a husbands argument that counting VA disability payments as income was effectively a backdoor, improper division of the disability payments themselves. In re: Marriage of Nevil, 809 P.2d 1122, 1123 . The Courts reasoning was:
Will The Va Honor A Court Withholding Order For The Collection Of Child Support And Allow The Child Support Payments To Be Taken Right Out Of My Veteran’s Benefits’ Check
It depends.
Normally, the United States Government will not honor any Withholding Orders issued by state court. That means that the U.S. will not allow its payments to retirees or veterans to be sent to anyone except the beneficiary .
BUT there is an exception for child support. Child support payments can be garnished from payments made by the U.S. government. “Garnish” means to take money from a payment because of a Withholding Order, such as a child support order.
In addition, there is an exception to the above exception for Veteran’s Benefits. Veteran’s Benefits paid to you because you are disabled or elderly and low-income cannot be garnished.
However, if you are entitled to military retirement benefits AND Veteran’s Disability Benefits, then the VA may allow a state court to take child support payments directly from your Veteran’s Disability Benefits’ check.
- Are you retired from the military after 20 years of service? Do you receive uniformed services retirement?
- No – then your Veteran’s Disability Benefits cannot be garnished.
- Yes – then keep reading.
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Who Is A Dependent
Dependents you may add to your VA disability compensation include:
- A Spouse
- Children who are unmarried and either:
- Under the age of 18
- Between the ages of 18-23 and attending school full-time, or
- Who were seriously disabled before the age of 18
Va Disability Ratings Are Not Always Permanent
Many disability ratings are temporary and the VA retains the right to reexamine the disability rating at any time. If they wish to reexamine you, you will receive a Notice of Reexamination letter in the mail which will include a scheduled appointment date.
Make sure you attend this appointment or reschedule, as the VA can reduce or terminate your benefits rating if you fail to attend this scheduled appointment. After the VA reexamines your condition, they will make a recommendation to increase, decrease, or leave your benefit at its current rating.
There are times when your ratings may be protected, based on the type of disability, how long you have held the rating, your age, or other factors. Here is more information about VA Disability Reexaminations and Benefits Reductions.
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Should I Appeal My 90 Percent Va Disability Rating
Maybe. Many veterans who are receiving a 90 percent VA disability rating should be receiving a 100 percent VA disability rating. The Veterans Administration often incorrectly rates veterans. Veterans with a 90 percent VA disability rating will receive $1,783.68 while vets with a 100% rating will receive $2,978.86. If you were incorrectly rated years ago, you could have lots of missing back pay you are owed. Some veterans find they have many years of missing back pay and it could amount to a substantial amount. We highly suggest you contact a veterans disability attorney to find out if you have years of missing back pay.
You may also want to see if any laws have changed since your last Rating Decision. Occasionally the VA will update the way it rates certain impairments. Sometimes those law changes can benefit veterans.
If you do appeal your 90 percent VA disability rating for a 100 percent rating or TDIU, be prepared for a lengthy appeal. The VA is currentlycelebrating because the backlog of appeals dipped by 28,000 claims to nearly 450,000 outstanding appeals. The VA also has been ordering unwarranted examinations, so be prepared for that possibility.
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