what happens to my va disability if i get married

There are several VA benefits for spouses of disabled veterans, such as inability compensation, health care, education and training, employment services, insurance coverage, and survivors' benefits.

Boosted Bounty for Veterans with Dependents

VA provides boosted monthly compensation for veterans with qualifying dependents who have a combined disability rating of 30 percent or college.  Qualifying dependents include the following:

• A spouse
• Children under the age of 18
• Children betwixt the ages of eighteen and 23 who are still in school
• Dependent parents

The amount of additional compensation varies based on the dependent.  CCK'due south 2022 VA inability pay chart tin can help veterans and their dependents make up one's mind the amount of monthly disability compensation to which they are entitled.  Disabled veterans with spouses in demand of regular assistance and attendance may receive fifty-fifty more compensation.

CHAMPVA Benefits for Spouses

VA besides provides wellness care insurance coverage for the spouses of sure totally disabled veterans under the Civilian Health and Medical Program, or CHAMPVA.  For spouses to exist eligible, the disabled veteran must come across one of the following criteria:

• Rated permanently and totally disabled due to a service-connected status;
• Died on active duty, in line of duty;
• Died from a service-connected disability; or
• Was rated permanently and totally disabled due to a service-connected status at the fourth dimension of death.

Chiefly, to be eligible for CHAMPVA, spouses of disabled veterans cannot be eligible for TRICARE (i.e., the healthcare program for uniformed service members, retirees, and their families).  CHAMPVA benefits are also extended to spouses ages 65 and older if sure eligibility requirements are met.

With CHAMPVA, spouses of disabled veterans will be covered for certain services and supplies (i.e., when VA determines they are medically necessary and were received from an authorized provider).  Examples of covered services include the following:

• Ambulance service
• Ambulatory surgery
• Durable medical equipment
• Family planning and maternity
• Hospice
• Inpatient services
• Mental wellness services
• Outpatient services
• Chemist's shop (prescription medicines)
• Skilled nursing care
• Transplants

Essentially, CHAMPVA volition encompass the cost of any medical service that is accounted necessary for the dependent's physical and mental wellbeing.  This do good is very valuable considering the high costs of medical care.  CHAMPVA tin can make a huge departure for families of disabled veterans, specially for spouses.

VA's Caregiver Program

VA also offers spouse benefits through the Comprehensive Assistance for Family Caregivers Program, or the Caregiver Program.  The Caregiver Programme was initially established in 2011 in an endeavor to provide benefits to caregivers (e.g., spouses or dependents who cease up leaving jobs to care for a veteran full-fourth dimension due to the extent or nature of their inability).

The program provides caregivers with monthly bounty, medical training, healthcare benefits, and respite.  Other benefits offered under the Caregiver Plan include:

• Reimbursement for caregiver'southward education
• Travel expenses
• Lodging expenses for travel to a medical facility
• A monthly stipend (in some cases)

To utilize, caregivers must submit VA Grade x-10CG .

How to Qualify for VA's Caregiver Plan

To be eligible for the Caregiver Plan, the veteran must accept suffered a serious injury that impacts their activities of daily living.  Examples of serious injuries may include traumatic encephalon injury (TBI), postal service-traumatic stress disorder (PTSD), or the loss of a limb.  The veteran must also:

• Exist a veteran, or member of the armed forces, undergoing a medical discharge;
• Accept an individual or combined VA disability rating of 70 percent or higher;
• Have served on or later on September 11, 2001 or on or earlier May 7, 1975;
• Take service-connected disabilities which were caused or aggravated by active duty service; and
• Need at least half-dozen months of continuous, in-person personal care services.

The caregiver assisting the veteran must as well meet sure qualifications, including the following:

• The caregiver must be at to the lowest degree 18 years old; and
• The spouse, child, parent, stepparent, stepchild, or extended family member of the veteran; and
• Live with the veteran full time or be willing to if designated as the family unit caregiver.

VA'due south Mission Act

In June of 2019, the VA Mission Deed (i.eastward., the VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act) was fully implemented.  The $52 billion bill was passed with the intention of overhauling veterans' access to private healthcare, including caregiver benefits nationwide.

The Mission Act stated that the Caregivers Assist Program would be extended to pre-9/11 veterans also.  This expansion of benefits to include eligible veterans from all eras of service was to be implemented over the course of several years, mainly in two phases:

• Phase 1, effective October 1, 2020, allows eligibility for veterans who were seriously injured in the line of dutyon or afterwards May seven, 1975.
• Phase Two, which is said to take consequence two years following phase one, volition allow eligibility for veterans who were seriously injured in the line of dutybetween May 7, 1975 and September x, 2001.

Dependents' Educational Assistance

Dependents' Educational Assistance (DEA), too referred to as Chapter 35 benefits,offers didactics and grooming opportunities to eligible spouses of certain disabled veterans.

DEA recognizes that due to a veteran's death or disability, their dependent may exist left without the resources necessary to pursue education or employment training.  Information technology also acknowledges that the veteran'south dependent may have otherwise had such resources if non for the veteran either passing away due to a service-connected condition or severely disabled due to military service.

DEA benefits may exist used for degree and document programs, apprenticeship, on-the-job training, and more than.  Additionally, spouses can receive reimbursement for correspondence courses.  Remedial, deficiency, and refresher training are also bachelor in some cases.

Eligibility for DEA

For spouses of veterans to qualify for DEA VA spouse benefits, the veteran or service member must have:

• Died or be permanently and totally disabled as the effect of a service-connected condition;
• Died from whatsoever crusade while permanently and totally disabled due to a service-connected status;
• Been missing in activity or captured in the line of duty by a hostile force;
• Forcibly detained or interned in the line of duty by a foreign government or power; or
• Hospitalized or receiving outpatient intendance for a VA determined service-connected permanent and full disability and will probable exist discharged for that inability.

Through the DEA program, spouses of disabled veterans may receive up to 45 months of education benefits if they began using DEA prior to August 1, 2018.  If they began the program on or after this engagement, they at present have 36 months to use these benefits.

Once DEA takes effect, dependents typically accept 10 years from either the date of the veteran's death or the date that the DEA benefits were granted to use the benefits provided.  There are certain circumstances in which a dependent will take 20 years to use DEA benefits; however, this usually occurs when a veteran passed abroad while on active duty.  The most mutual scenario involves the 10-year period from either the date of death or from the date the benefit was granted.

Applying for DEA Benefits

In some cases, veterans volition meet linguistic communication such as "eligibility to dependents Affiliate 35 DEA / CHAMPVA are established" in their decisions from VA.  Here, VA has granted DEA because the veteran has a permanent and full disability.  All the same, before DEA benefits can be distributed, either the veteran or their spouse is required to fill out a specific application (VA Form 22-5490) and submit it to their local Regional Role.

Dependency and Indemnity Compensation (DIC)

Dependency and Indemnity Bounty (DIC) is a tax-costless, monthly benefit paid to surviving spouses of veterans whose deaths were directly related to military service or to a service-connected status.  To qualify for the DIC VA death benefits for the spouse, veterans and service members must meet one of VA's criteria:

• The service member died while on active duty, active duty grooming, or inactive duty training; or
• The veteran passed away due to a service-continued condition; or
• The veteran's expiry was not service-related, but the veteran was entitled to receive VA inability compensation for a totally disabling condition (or TDIU):
  • For a menstruation of at least 10 years prior to their death; or
  • Since release from active duty and for a period of at least 5 years before their expiry; or
  • For at to the lowest degree one twelvemonth prior to expiry if they were a sometime pw who died later on September 30, 1999.

To prove eligibility for DIC, the spouse must establish service connection for the veteran's cause of expiry, meaning the veteran'south service-connected disability was a principle or contributory cause of their passing.

Spouses of disabled veterans are typically eligible for DIC benefits if they were married to the veteran for at least one year prior to the veteran's death.  In sure situations, some surviving spouses may exist eligible for additional DIC benefits if any of the post-obit criteria are met:

• The veteran was totally disabled and receiving, or eligible to receive, compensation for a totally disabling condition (including TDIU) for a period of eight consecutive years; or
• The surviving spouse has dependent children under the age of 18; or
• The surviving spouse requires assist and attendance or is housebound.

Chiefly, DIC has its own exclusive rates, which tend to increase annually with the cost-of-living adjustment. Equally of Dec i, 2021, the fixed benefit corporeality for DIC is $1,437.65 a month.

Applying and Evidence for DIC

When applying for DIC benefits, spouses must submit VA Form 21P-534EZ, Application for Dependency and Indemnity Compensation, Accrued Benefits, and Survivors Alimony.  In addition to this form, certain evidence volition also demand to be submitted to help substantiate the claim.  VA will probable ask spouses for documents and information regarding their family unit history, such as:

• Marriage document: Surviving spouses must submit a marriage certificate to VA showing that the marriage was legally valid for the purpose of receiving benefits.
• Birth certificates and school transcripts: Evidence relating to the veteran's dependent children will as well need to be submitted, such as birth certificates and school or college transcripts.
• Death certificate: The veteran's death document is another critical slice of evidence to submit considering, in most cases, information technology lists the veteran's cause of death.

If the crusade of death is related to one of the veteran'due south service-connected conditions, then it should be very straightforward for VA to grant benefits.  If not, survivors can look for evidence indicating a service-connected condition was a contributory cause of death.  Here, the master cause of decease does non have to be a service-connected status if another service-connected condition at least contributed to the veteran's passing.  Contributory causes of death are not always listed on death certificates.

Survivors can gather medical evidence from around the time the veteran passed away to help supplement their claim.  For example, say an elderly veteran fell in a nursing home and later on passing away, had blunt force trauma to the head listed on their expiry document.  The veteran was service connected for a articulatio genus condition at the time of his death, and he ofttimes fell equally a result of that knee status.  This suggests that there was a link between the veteran'south service-continued knee condition (i.e., contributory cause) and his expiry, even though his death certificate does non listing his human knee condition as a crusade of death.  In such cases, it may be helpful to go a medical stance from a private doctor to help persuade VA that the service-connected condition played a part in causing the veterans death.

What if the Veteran's Expiry Was Not Service Connected?

If a veteran dies due to a non-service-continued condition, the spouse may still be able to secure DIC.  In this state of affairs, the spouse can file a claim for service connection for the veteran'south cause of death, and VA will go through a normal standard review process.  During this procedure, VA will look at whether the veteran's inability was in fact related to service.

Effective Dates for DIC Claims

If the veteran's surviving spouse files their claim for DIC benefits inside1 yr of the veteran'southward decease, the effective date will be the date of the veteran'due south death.  Notwithstanding, if they file exterior of that 1-yr timeframe, the effective date will exist the appointment that VA receives the application.  Therefore, if possible, it is important to submit claims for DIC during the 1-twelvemonth menstruation following the veteran's passing.

Accrued Benefits and Commutation VA Claims

If the veteran's claim or appeal is withal awaiting at the time of their passing, the surviving spouse may be substituted into the pending claim every bit the claimant.  If service connectedness is later awarded, the surviving spouse will receive accrued benefits (i.e., the retroactive pay the veteran would have received if they were live) up to the appointment of the veteran's death.

In determining entitlement to VA accrued benefits, VA must look at the evidence in the veteran's file at the time of expiry.  Co-ordinate to VA, examples of accrued benefits include the following:

• A claim or appeal for a recurring benefit (e.chiliad., service-connected compensation) was pending at the time of the veteran'south expiry and all prove needed for a favorable position was in VA's possession.
• A claim for a recurring benefit was granted but the veteran died earlier the accolade was issued.

To utilise for accrued benefits, survivors should submit the same form that is used for DIC benefits, VA Form 21P-534EZ.

VA Survivors Alimony for Spouses

Survivors Pension, as well known every bit Expiry Alimony, is a tax-gratis VA benefit for the surviving spouse of a deceased veteran with wartime service.  For spouses to be eligible for Survivors Pension, the disabled veteran must encounter the following requirements, according to VA's website:

• For service on or before September seven, 1980, the veteran must have served at to the lowest degree 90 days of agile military service, with at least one day during a war time period.
• For active duty after September 7, 1980, the veteran must accept served at least 24 months or the total period for which they were called or ordered to active duty, with at least one day during a war time flow.

Chiefly, survivors must meet an income limit to be eligible.  Specifically, a survivor's yearly family income must be less than the amount set by Congress.  If yous are eligible for Survivors Alimony, the amount of do good will be the divergence between your countable income (e.g., earnings, disability and retirement, involvement, and dividends) and the annual pension limit.

VA Survivors Pension with Assist and Omnipresence

Surviving spouses receiving VA Survivors Pension may also be eligible for Aid and Omnipresence (A&A) benefits if they demand help with daily activities.  A&A provides additional compensation aslope Survivors Pension monthly rates.

Surviving spouses may also qualify for housebound benefits.  Spouses who spend most of their time in their habitation because of a permanent inability may be eligible for this do good.  However, spouses cannot receive A&A and housebound benefits at the aforementioned fourth dimension.

VA Burial Benefits for Spouses of Veterans

The National Cemetery Assistants (NCA) offers burial services to spouses of veterans.  When a veteran'due south spouse passes away, they may be eligible to be buried in the national cemetery.  They are eligible for this benefit regardless of whether the veteran has already passed away as well.

Spouses can also take their proper name and their date of birth engraved on the veteran's headstone.  This benefit also guarantees that they volition have perpetual intendance of their grave site.

Was Your Claim for VA Spouse Benefits Denied?

If VA denied your claim for spouse or survivor benefits, Chisholm Chisholm & Kilpatrick LTD may be able to help.  Our squad of experienced and knowledgeable veterans' advocates at CCK have helped many spouses and survivors secure the VA benefits they are rightfully owed.  Achieve out to CCK today for a free consultation.

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Source: https://cck-law.com/blog/va-benefits-for-spouses-of-disabled-veterans/

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