Being married can affect your United State Department of Veterans Affairs (VA) disability benefits, as can having other dependents in your household, such as children or elderly parents. If you are on VA disability and support a spouse or dependents, you may qualify for extra compensation beyond the base benefit you receive as determined by your impairment rating .
What happens to my VA benefits if I get married?
A: VA will treat all married couples the same, regardless of the sex of the spouses. The Veteran does not have to die before a spouse can be eligible for burial or memorial benefits.
What circumstances will I Lose my VA benefits?
Under What Circumstances Will I lose My VA Benefits? Veterans could lose their VA benefits for two reasons: Incarceration and multiple foreclosures. For incarcerated veterans, a reduction or loss of benefits is determined by the crime committed and the resulting prison sentence E.G. whether the offense was a felony or misdemeanor.
Can remarriage increase my VA disability stipend?
That is kind of a loaded question, for a Veteran, if you are 30% yes, it can increase your monthly disability stipend if you have no other dependents If you are a VA dependent receiving benefits and you get remarried, you can lose them- although there are some exceptions.
Can my spouse's pension affect my VA disability benefits?
Pension benefits can depend on family income, so your spouse's income could affect that benefit as well ( How to Calculate Veterans Pension ). That is kind of a loaded question, for a Veteran, if you are 30% yes, it can increase your monthly disability stipend if you have no other dependents
Can you lose VA disability benefits if you get married?
If you're receiving benefits as the widow or widower of a Social Security disability recipient, you will lose your benefit by getting married if you get married before age 60 (or age 50 if you're disabled). If you get married after that age, you can continue to receive benefits after your marriage.
What happens to my VA disability when I get married?
As a VA disability recipient, you can qualify for a “benefit rate” on behalf of your spouse if you meet two criteria: You and your spouse live together and are not legally separated; and. Your service-connected disability has an impairment rating of at least 30%.
How much will my VA benefits increase if I get married?
If the veteran is assigned a rating of 30% or more, a veteran with a spouse is entitled to receive a higher monthly payment - $150 more per month. A veteran with a spouse and child receives an additional $259 per month (plus an additional $75 per month for each additional child.)
What happens when a veteran gets married?
Some states provide death benefits for a spouse of veterans or active duty service members – educational assistance, civil service preference, employment assistance, exemption from tax and license fees, and loans. Typically, they are available through each State Department of Veterans Affairs.
Do I need to tell the VA I got married?
A: According to the VA website, the VA accepts the applicant's statement that they are married as proof of legality. The VA relies on the veteran understanding the marriage recognition chart and Title 38 “place of residency” rule. Before submitting your claim, please reference the VA's marriage determination chart.
Can VA benefits be taken away?
Even if you have been receiving service-connected benefits for less than ten years, it is still quite rare for the VA to terminate these benefits. In any case, the VA cannot terminate your benefits unless you first receive a notice from the VA telling you about your right to have a hearing.
What is the VA 10 year rule?
The VA disability 10-year rule states that the U.S. Department of Veterans Affairs (VA) cannot eliminate a disability rating that has been in place for at least 10 years unless there is evidence of fraud. This 10-year period is calculated from the effective date of VA's original grant for service connection.
Do I get benefits if I marry a veteran?
As the spouse or dependent child of a Veteran or service member, you may qualify for certain benefits, like health care, life insurance, or money to help pay for school or training.
What happens to my VA disability when I turn 65?
Even after veterans reach full retirement age, VA's disability payments continue at the same level. By contrast, the income that people receive after they retire (from Social Security or private pensions) usually is less than their earnings from wages and salary before retirement.
How to learn more about VA benefits?
A: To learn more about VA benefits for dependents and survivors, go to www.va.gov/opa/persona/dependent_survivor.asp and www.va.gov/hac/forbeneficiaries/champva/champva.asp.
When is a spouse eligible for burial in a national cemetery?
The surviving spouse of an eligible Veteran who had a subsequent remarriage to a non-Veteran and whose death occurred on or after January 1, 2000, is eligible for burial in a national cemetery, based on his or her marriage to the eligible Veteran.
Does the VA recognize same sex marriage?
A: VA recognizes a Veteran’s marriage if the marriage was recognized under the law of the place where at least one of the parties resided when they were married or when the claimant became eligible for benefits. VA now recognizes all same-sex marriages without regard to a Veteran’s current or previous state of residence.
Can I transfer my GI bill benefits?
A: Yes , if all other eligibility requirements for transfer of Post-9/11 GI Bill benefits are met.
Does the VA accept spouse?
VA will generally accept a claimant’s statement that he or she is married, but may investigate further if an assertion appears unreliable.
Can a same sex spouse be enrolled in VA?
A: For Veterans who are not currently enrolled in VA health care, it is possible that recognition of a same-sex spouse and inclusion of spousal income could either render the Veteran eligible to enroll or preclude the Veteran from being eligible to enroll.
Do husbands die before wives?
Husbands usually die before their wives do - No one knows why it's just because we want to.
Will 100% of my Vet benefits affect my spouse?
RWSVol wrote: Won't affect hers. If you are 100% you will move from Single to Vet with spouse which is around $160 more a month. She would be eligible for other dependent benefits if you are P&T.
Is VA disability taxable?
I assume your disability is from VA and rated as Individual Unemployable (IU). Your VA disability pay is not taxable and would not be included with either individual or joint income. As explained earlier in this old thread the monthly disability pay above 20% includes an additional amount for a spouse and other dependents. If the 100% disability is determined to be P & T there are other benefits available to the dependents.
Can you move from single to vet with spouse?
Won't affect hers. If you are 100% you will move from Single to Vet with spouse which is around $160 more a month. She would be eligible for other dependent benefits if you are P&T.
Is 20 year vet correct?
20year vet is correct, as long as you fill out the 21-686c Dependents form and have copies of marriage certificate and any divorce decrees from previous marriages for you both. After surfing these threads for a couple of years it seems the best way to get the with dependent rate is take all the previous mentioned paperwork and hand carry it to your RO and sit there while they enter it into the system.
Does spouse's income affect pension?
Pension benefits can depend on family income, so your spouse's income could affect that benefit as well ( How to Calculate Veterans Pension ).
Can you lose VA benefits if you get divorced?
If you are a VA dependent receiving benefits and you get remarried, you can lose them- although there are some exceptions. If you are a beneficiary and you get divorced- You can also lose your benefits upon your divorce-and unlike DOD benefits you cannot take them with you in the divorce.
Can disability benefits vary based on dependents?
It can. For example, disability compensation claim benefit amounts vary based on the number of dependents, including a spouse (among other factors). You can see a table here: Veterans Compensation Benefits Rate Tables - Effective 12/1/13
What are the rules for surviving spouses?
Regarding Death (Survivor’s) Pension benefits, the law generally requires a surviving spouse’s entitlement to be terminated if the surviving spouse remarries, regardless of age, even if that remarriage is terminated by death or divorce. However, VA regulations establish limited exceptions that generally allow entitlement to Death Pension to be reestablished if the marriage was: 1 Annulled or declared void. 2 Terminated by death or divorce on or after January 1, 1971, and before November 1, 1990.
Can a spouse remarry after marriage is annulled?
Regarding Dependency and Indemnity Compensation (DIC), a remarried surviving spouse whose subsequent marriage is annulled or declared void can reestablish eligibility as a surviving spouse. However, effective September 30, 1998, the law was changed to allow a surviving spouse to reestablish DIC eligibility after termination of remarriage. Therefore, after September 30, 1998, eligibility for DIC is established in any case in which the remarriage of the surviving spouse is terminated by death, divorce, or annulment. Also, remarriage of a surviving spouse after the age of 57 does not preclude continued payment of DIC.
Can a spouse's pension be terminated?
Regarding Death (Survivor’s) Pension benefits, the law generally requires a surviving spouse’s entitlement to be terminated if the surviving spouse remarries, regardless of age, even if that remarriage is terminated by death or divorce.
Why do veterans lose their VA benefits?
Veterans could lose their VA benefits for two reasons: Incarceration and multiple foreclosures. For incarcerated veterans, a reduction or loss of benefits is determined by the crime committed and the resulting prison sentence E.G. whether the offense was a felony or misdemeanor.
How long does it take for VA benefits to resume after release?
Furthermore, this release date must be confirmed with the VA 30 days from release.
What happens to disability benefits after 61 days?
Imprisonment for a felony will result in the reduction of disability benefits following the 60th day of time served. On the 61st day, the inmates’ disability rate will drop to 10 percent if it was previously above 20 percent. If the rate was 10 percent it will be reduced to half of that.
Why does the VA have to foreclose on a home?
Because the VA guarantees their loans, a foreclosure on a VA home loan causes the government to lose money when the borrower stops making payments.The government will not issue a future loan to someone with an unpaid balance and two foreclosures. Note that one foreclosure is not grounds for a loss of benefit. ...
What benefits do you lose if you go to prison?
Benefits commonly affected by a prison sentence include educational as well as disability entitlements. Veterans who have more than one foreclosure will lose their VA home loan benefit, though this entitlement can be regained.
Can you get a second VA loan if you have foreclosed on a VA loan?
Note that one foreclosure is not grounds for a loss of benefit. In fact, if you have foreclosed on a VA loan, you can apply for a second VA loan. For veterans who have foreclosed twice, the good news is that losing this benefit isn’t necessarily permanent.
When will the disability pension stop?
Payments will stop on the 61st day of incarceration.
What happens to my SSI if I marry?
Supplemental Security Income (SSI) If you marry, your spouse's income and resources may change your SSI benefit; or. If you and your spouse both get SSI, your benefit amount will change from an individual rate to a couple’s rate. Benefits for a widow, divorced widow, widower or divorced widower.
When do Social Security benefits end?
Generally, your benefits end if you remarry. Benefits for a child under age 18 or student ages 18 or 19. Benefits end if you marry. For more information, call us at 1-800-772-1213 (TTY 1-800-325-0778), 8:00 am – 7:00 pm, Monday through Friday; or contact your local Social Security office. Keywords: spousal kid.
What happens when both spouses are disabled?
When both spouses are disabled, they must both meet the financial eligibility requirements for a couple. Their income is counted together, without using the deeming formula. If they make under the required amount, they would get the couples rate for SSI ($1,100 in 2015).
What happens if a disabled spouse is not a countable income?
If the nondisabled spouse makes a good or even fair income, the disabled spouse will likely lose his or her SSI benefits. If the nondisabled spouse earns more than $367 per month in countable income (in 2015), the nondisabled spouse's income will be deemed. The SSA has a very complicated formula for deeming spousal income.
What is deemed income for disabled spouse?
When a disabled person gets married (and lives with his or her new spouse), the problem is that the SSA will count some of the new husband or wife's income as available to the disabled spouse. This is called "deeming income," and the nondisabled spouse's income that counts as available to the disabled spouse is called "deemed income.". ...
How long can an ex spouse receive disability?
(The ex-spouse of a deceased disabled worker who is 60 years old or older, or at least 50 years old and disabled, can receive benefits until death unless he or she remarries.) If the surviving divorced spouse remarries after age 60 (or after age 50 if disabled), the SSA will ignore the marriage.
When does the SSA ignore divorce?
If the surviving divorced spouse remarries after age 60 (or after age 50 if disabled), the SSA will ignore the marriage. For more information on SSDI benefits for ex-spouses, see our article on getting disability as the divorced spouse of a disabled person.
Can a disabled person receive SSDI?
However, certain dependents of a disabled worker can receive SSDI auxiliary or survivor benefits based on the disabled worker's earning record. Some of these dependents' benefits are given only to family members who are unmarried.
Can a divorced spouse receive disability benefits?
An ex-spouse who is receiving benefits based on her ex-husband or wife's record will lose these benefits if she or he gets married. (A divorced spouse who was married at least ten years to the disabled worker and who is 62 years old or older can receive benefits until death unless he or she remarries.)
When will VA remarriage be effective?
The law made changes to the remarriage rules for Dependency and Indemnity Compensation (DIC). Effective Jan. 5, 2021, a veteran's surviving spouse who remarries after the veteran's death will remain eligible for the benefit paid by the VA if the spouse is at least 55 years old. The remarriage must have occurred on or after that date.
Is remarriage legal for surviving spouses?
Remarriage Rules Relaxed for Surviving Spouses Seeking VA Benefits. A little-noticed provision in Public Law 116-315, the National Defense Authorization Act of 2020, makes it easier for surviving spouses to continue receiving Department of Veterans Affairs benefits if they remarry. The law made changes to the remarriage rules for Dependency ...
Can a veteran's children get DIC?
The surviving children of a qualifying veteran are also eligible for the DIC benefit if they are unmarried and under 18, or between the ages of 18 and 23 and attending school . Certain adult children who cannot provide for themselves due to physical or mental disabilities also can be entitled to DIC. Some surviving parents may be eligible for the benefit if they meet income limits.
Can a spouse receive dependency compensation if a veteran dies?
See: Details about the dependency and Indemnity Compensation program. If the spouse remarries after the veteran dies, they can remain eligible for the benefit if the date of remarriage is on or after Dec.