It takes a long time for a VA Disability claim to get approved. It’s safe to say that everyone knows that by now. When you finally start getting compensated for dependents. While it may seem like being compensated for your dependents should be easy, you can’t forget that we’re dealing with the VA. They’re not known for being user-friendly. In this blog, we will examine the 5 most common issues with dependents.
- Right from the start, the VA makes it difficult. Veterans who are only rated at 20% overall or below will not be compensated for VA disability. The VA states that you have to be rated at 30% overall or higher in order to be compensated for dependents. Nine out of 10 Veterans will tell you that they were not compensated at their highest level right off the bat. They’re generally rated low at first, and then later get an increase. So one reason that many Veterans aren’t getting compensated for their benefits is due to the fact they were originally rated at a lower percentage, and then later moved above the 30% threshold, but the VA neglected to add their dependents. This happens quite often. Here’s a tip: if you do move above the threshold, make sure you are being compensated for the right amount. Checking is actually quite easy. Just compare the amount you are receiving with the rate table found here.
- Think about all of the changes you’ve been through in the past four years. Personally, I’ve changed jobs, had a couple of different cars, and went from loving The Bing Bang Theory to thinking that the show is really condescending and preachy. There’s a pretty good chance that your life had more meaningful changes than mine did. Maybe you married the love of your life or brought a new person into this world. Regardless of what happened, there’s a good chance that your life is much different now than it was in 2012. The reason I’m being nostalgic has to do with your application for benefits. Everyone fills out the same thing when they apply. The form has a section where you list your dependents. If you applied when you were discharged, there’s a strong chance you weren’t married yet and didn’t have kids. If you applied later in life, maybe you divorced your spouse or had another child. It generally takes 2-4 years for a Veteran’s final decision to process. When that happens, the VA will use information from your original application to determine your dependents. If you’re not being compensated by the VA, you really wouldn’t have any need to notify them of a life change. If you do get approved a long time after you applied, take a few moments to review everything. Make sure you are getting everything you are entitled too.
- The next thing we have to talk about is children. For the record, talking about children is one of my least favorite subjects in the world, but I care so much about Veterans that I am going to talk about them anyway. All kidding aside, it’s really important to keep information about your children up to date. For instance, if I were to ask you; “How long can you claim a child as a dependent,” you’d likely reply “18.” While that is true in a lot of instances, it’s not true if your child is attending college. In that instance, you can actually claim your child until he or she is 22. You will just have to make sure that you provide proper documentation to prove that your child is still in school. Speaking of documentation, it’s important to note that you may have to provide a birth certificate, marriage certificates, or even proof of a divorce. Keep in mind that this is VA, so there is a good chance that you will have to provide this documentation more than once. Switching gears just a little bit here, we have to discuss who you can actually claim as a child. Currently, a Veteran can only claim a biological child, adopted child, or stepchild as a dependent child. Once again, just have the proper documentation to show proof.
- Did you know that children and spouses aren’t the only individuals that you can claim as a dependent? You can also claim a parent as a dependent. For instance, if your parent lives with you, and they are dependent upon you for their income, then you can claim them as a dependent. Actually, you can claim both parents as dependents if they are dependent upon you.
- Lastly, Veterans with helpless children can also claim them as dependents too. We need to clarify this a little bit, When we discuss this with some of our clients, confusion occasionally sets in. A helpless child is defined by the VA as the following:
- the extent to which the child is physically or mentally deficient, such as the
- the ability of the child to perform self-care functions, and
- ordinary tasks expected of a child of that age
- whether or not the child attended school and the maximum grade attended
- if any material improvement in the child’s condition has occurred
- if the child has ever been employed and, if so, the
- nature and dates of such employment, and
- the amount of pay received
- whether or not the child has ever married,
A lot of people seem to think that taking care of an unemployed adult child makes them a helpless child. This is simply not true. If your adult child does not meet the above criteria, then they can’t be considered a dependent.
Why is all of this so important? Your monthly compensation can be much greater if you properly claim all of your dependants. However, failing to report a divorce or a child graduating college could also cost you. Keeping up with your dependents is actually easy now. You can actually update your dependent status by way of a premium e-benefits account. Remember, a premium account does not actually cost any money, it just requires more information to set up. However, if you’re working with an attorney, they can also make sure your information gets sent to the VA properly, and we can even argue effective dates for dependents too. For instance, if your child was born in May, but the VA didn’t start to compensate you until December, we can argue to get your back pay back to the proper month.
Thanks for reading, but we’d love to hear from you. Call us today to talk about your case. Our toll-free number is 1-877-526-3457, or fill out this form so that a representative can call you at a more convenient time.