Claimant files with VA, who denies claim (claimant has one year to reply with a NOD) Claimant asks for DRO review within one year, who denies claim and sends a statement of the case (claimant has 60 days to file appeal using form VA9 before the BVA) BVA denies claim, claimant can file appeal before CAVC within 120 days OR Claimant can file a motion to vacate with no time limit OR Claimant can file for BVA reconsideration with no time limit OR Claimant can file for a revision based upon CUE with no time limit but no new evidence…
If the veteran’s condition (injury or disease i.e. Agent Orange) is combat related, depending on circumstances, apply for CRSC from the Department of Defense. This offsets retirement and will match VA compensation and is non-taxable. However, you cannot have both CRDP (if over 50% rated) and CRSC, but CRDP is taxable. Consequently, it may be an advantage to change to CRSC. The form is DD 2860. If spouse is the beneficiary of the veteran’s military retirement, upon veteran’s death, the spouse will receive SBP from the Department of Defense. Additionally, if the veteran is receiving Tricare for Life, the spouse…
Prior to approval of Veteran’s Benefits i.e. during claim approval process, the children of a veteran are paying for a caregiver. Can they be reimbursed by claimant with the retroactive payment when approval occurs? The claimant and children could execute a promissory note. Therefore, the children’s payments are a loan. Consequently, the children are repaid when veteran’s benefits are approved and received. (Potentially, important for Medicaid, to avoid transfer penalty) However, only what the claimant pays is considered UME, so the answer is it depends. Besides, some companies provide non-secured loans to pay for the care; then they are repaid, with…
Furthermore, an application for Veteran’s Benefits is projecting for upcoming year ( 12 months). Consequently, any gift / income prior to the date of entitlement is non-countable.
If you have a service connected injury, you can and should pursue this type of pension. However, most professionals are interested in Aid and Attendance. Why? They make money off of you.
A veteran can receive full military retirement (through the DOD) and full VA pension. However, the military retirement is countable income towards the IVAP in calculating the pension amount. If a veteran is rated less than 50% service connected, he can choose full taxable military retirement and no non-taxable VA compensation OR offset his taxable military retirement by the amount of non-taxable compensation. If a veteran is rated 50% or greater service connected, he keeps both military retirement and VA compensation. The amount (which would otherwise be offset) is called concurrent retirement disability payment (CRDP) and is taxable. Additionally, the veteran can keep…
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