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Discussion Starter · #1 ·
We went to get our certificate of eligibility for our VA home loan. Turns out DH could have been getting disability for the past 8 YEARS!!!! He thought his severance pay was it, nobody ever told him to get set up with benefits and dis pay. Now I have to go dig up a ton of paper work and get everything set up.

The man mentioned something about because he served during wartime it affecting our taxes on our home, does anybody know what that's about? Or did I hear wrong?
 

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Discussion Starter · #3 ·
Quote:

Originally Posted by dogmom327 View Post
So you're getting back disability pay? That's fantastic! Congratulations!
I'm not sure it works that way? If it does I think I would about have a heart attack! But we will be getting it from now on, as soon as I dig out all the paperwork on his treatment. I'm sort of annoyed though. When he went to school for a year they concealer said he wouldn't get any help, just PE credits though the VA. Turns out he would've gotten school and books paid for. So, why do we still have a $2,000 student loan?
 

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Going on experience here, if you get approved it'll likely be from the date you apply, not date of disability. Do try to get it, but don't expect anything except from the day you apply, on (see edit below). You have a loan because he used that either in addition to, or instead of, his GI benefits...it's unlikely they'll pay the loan, but he could use the benefits if he wanted to get more schooling.

I don't know about the wartime/taxes thing - maybe there's something new? It didn't affect my dad's home loans.

Has he gotten his medical care through the VA? It'll be a much faster process if so since all the VA computer systems are linked and they can go right in and see his files.

ETA: Does he have a service connected disability or is it non service connected? What % is he disabled according to the VA?
 

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Discussion Starter · #6 ·
Quote:

Originally Posted by Mama Dragon View Post
Going on experience here, if you get approved it'll likely be from the date you apply, not date of disability. Do try to get it, but don't expect anything except from the day you apply, on (see edit below). You have a loan because he used that either in addition to, or instead of, his GI benefits...it's unlikely they'll pay the loan, but he could use the benefits if he wanted to get more schooling.

I don't know about the wartime/taxes thing - maybe there's something new? It didn't affect my dad's home loans.

Has he gotten his medical care through the VA? It'll be a much faster process if so since all the VA computer systems are linked and they can go right in and see his files.

ETA: Does he have a service connected disability or is it non service connected? What % is he disabled according to the VA?
I'm not expecting back pay at all.

It's a small loan and I'm not too worried about it, but it'd definitely be nice. He does want to go back and it's nice to know that now he can without loans.

No, he never got set up for medical care because, well he never goes to the doctor and with the kids it's the same whether he's on the insurance or not. We will be going there though. It's likely after we buy our house the state will no longer reimburse me for our health insurance premiums and I'd much rather pay for just me than him. (The kids would still be covered by NY.)

I'm not sure if they consider it service connected or not? Would it be in the papers? He injured his knee when he was 13, had surgery, thought it was fixed. Later on (in military) he developed arthritis and can't do a ton of work without it hurting. So I'm not sure what it counts as. 10% as of 01. The man mentioned something about getting the VA medical center to check him out and see if it's worsened and asked about whether or not he could perform jobs now. He's okay working 10-30 hours a week at home depot.
 

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He can get it any injury checked to see if he gets a higher rating over time.

You can google disabled veteran benefits (your state) and see what percentage you need to qualify for things.

If he paid for the GI Bill, he could have used that for school in the past. You only have a certain number of years to use it after discharge. 10 years I think? Which is why it is a freaking scam through the government becasue most people don't use their benefits but paid for them.
:
 

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If he does not currently get a payment from the VA, he can get the ball rolling, but it will take some time because of the backlog with Iraq/Afghanistan vets.

Have him get assistance through the Disabled American Veterans. The DAV.

Quote:
DAV National Service Officers (NSOs) can assist veterans in filing claims with the VA, free of charge.
http://www.dav.org/veterans/NSOffices.aspx

My DH went through the DAV to get his disabiltiy claim and it went a lot faster than we thought it would. However, it was when he was getting out of the miltary and his records were available. Does your DH have personal copies of his medical records? Stuff gets lost or misplaced over time in the medical records.

Once you get the disability payments, they will include money for all his dependents. You and your kids will get money until your kids are 18 or 21. I can't remember.
 

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I started to type out a long post, but I think links will be the most helpful. I'm sure he's not service connected though. It's the prior injury. The VA will look at that and it won't matter if he got shot in the same spot, they'll try to deny it.

http://www.vba.va.gov/VBA/benefits/f...al/21-00-1.pdf
http://www.gibill.va.gov/pamphlets/C...0_Pamphlet.pdf
http://www.vba.va.gov/bln/vre/index.htm
http://www1.va.gov/health/index.asp

The VA health care system is a disgrace - underfunded and understaffed at a time when our vets need it most. It's likely he'll have to go on a waiting list, so get started sooner rather than later.

Every member of my family has been military in every branch but the coast guard, except myself and both my husbands were Navy. I navigated the VA system for 7 years while my dad (korean war vet) lived with us. PM me if you want, I'll forget to check this in a day or 2


Quote:

Originally Posted by dsaucone View Post
I'm not expecting back pay at all.

It's a small loan and I'm not too worried about it, but it'd definitely be nice. He does want to go back and it's nice to know that now he can without loans.

No, he never got set up for medical care because, well he never goes to the doctor and with the kids it's the same whether he's on the insurance or not. We will be going there though. It's likely after we buy our house the state will no longer reimburse me for our health insurance premiums and I'd much rather pay for just me than him. (The kids would still be covered by NY.)

I'm not sure if they consider it service connected or not? Would it be in the papers? He injured his knee when he was 13, had surgery, thought it was fixed. Later on (in military) he developed arthritis and can't do a ton of work without it hurting. So I'm not sure what it counts as. 10% as of 01. The man mentioned something about getting the VA medical center to check him out and see if it's worsened and asked about whether or not he could perform jobs now. He's okay working 10-30 hours a week at home depot.
 

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Even though the injury happened before service, because he got the arthritis while in, that should be enough to service connect it.

The process will go a lot smoother if he gets one of the Veteran's groups to help him start to finish - the Legion, the DAV, etc. There is NO charge for this, and you do not have to be a member. I will repeat, there is NO charge for this! If the group wants you to pay to become a member, or anything, you should not *have* to.

If he can only work 10-30 hours a week, its more than a 10% disability. Also, another member stated that he;d get money for you and the kids, and this is true, *if* you're over a certain rating (30%, I think.)

Good luck!
 

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Discussion Starter · #11 ·
We have an appointment in 2 weeks to get the disability pay started. I have what I can find of his medical records. My grandma's boyfriend's daughter got back pay, but I'm not getting my hopes up.
 

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Re: taxes on your home -- my guess:
When you sell a house that is or was your principal residence, you may be able to exclude up to 500K in capital gains (250K per person, 500K for married filing jointly), provided it was your principal residence for 24 months out of the most recent 60 months. (2 out of 5 years). Under very limited circumstances you may be able to exclude some pro-rated portion of the gains if you can not meet the occupancy time requirements, but the rules are pretty strict. However, if you are in the armed services (and perhaps Coast Guard, I'm not sure about that) and you get stationed remote from your principal residence, the "2 out of 5 years" clock does not tick so long as you are active duty and remote from your home.

Example:
US Army family owns a home in Georgia, which is considered principal residence and "domicile". US Army soldier PCSs to Fort Bliss in Texas. They don't want to sell the Georgia home, as they are able to cover costs with rental income and they may choose to return later on. After 3 years in Texas, they PCS again to, say, Washington State for four years. At this point, they decide they are staying in Washington and decide to sell the home in Georgia. Total time away from the home in Georgia: 7 years. If not for this provision of the law delaying the clock for active duty military, they'd be unable to exclude any of the capital gains on the property. Because they are active duty, the clock hasn't started ticking at all. So they would get to exclude the gains from taxation (up to 250K per person). Further, if the soldier decided to separate and leave active duty, then the clock would begin ticking: they'd have 3 years at that point to sell the home and still meet the "2 years out of past five" criteria to exclude the gain.
 
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