Things You'll Need













VA Form 21-526EZ

File A Claim
For...
Disability Service Connection
Secondary Service Connection

IncreasedDisability Compensation

Temporary Total Disability Rating
 Individual Unemployability
Compensation under 38 U.S.C. 1151
 Special Monthly Compensation
Specially Adapted Housing

Special Home Adaptation

Automobile Allowance/Adaptive Equipment
Benefits Based on a Veteran's
Seriously Disabled Child


VA Form 21-0958 - NOD
​Notice of Disagreement


VA Form 21-534 EZ
Application for DIC, Death Pension

Change of Address​

TDIU Annual - VA Form 4140


Declaration of Status
of Dependents
VA form 21-686c


How To Apply For SSDI


The Schedule For Rating Disabilities


How To Apply For TDIU Unemployability


Disability Benefits Questionnaires (DBQ's) 


How To Apply For A Disability Rating


How To Apply For An Increase


Military Personnel Records


Mail your forms, documents

and evidence here...

Department of Veterans Affairs

Claims Intake Center

PO Box 5235

Janesville, WI 53547-5235


Toll Free Fax: 844-822-5246

We recommend that you mail a copy

and then fax a copy! Yes, it's twice the

work but maybe VA will only lose one

and the other will be processed.

Remember: Use Certified Mail!


The Veterans Law Library


U.S. Medicine


Veterans Benefits Administration
Fact Sheets


Benefits.gov

The M21-1MR


The CFR


TDIU


SMC


Veterans Benefits Administration

Benefit Brochures






vets.gov


va.gov


evet


ebenefits





Vietnam War
Resources

VA’s Airborne Hazards and

Open Burn Pit Registry for

Veterans and Servicemembers

Home Based Primary Care (HBPC)


Your VA Claim
If you haven't figured it out by now,
it's time to realize you're involved in a giant paper shuffle
and this IS NOT a spectator sport.
Put down your gun
and pick up your keyboard.
The battlefield has changed.

Hadit.com


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The Actual Legal Analysis as to 38 USC 5301 and Alimony    

 Willick Law Group‎

3591 East Bonanza Road

Las Vegas, NV 89110

(702) 438-4100

willicklawgroup.com



Rose v. Rose - 481 U.S. 619 (1987)

U.S. Supreme Court

Rose v. Rose, 481 U.S.  619 (1987)
Rose v. RoseNo. 85-1206
Argued March 4, 1987
Decided May 18, 1987  481 U.S. 619

Appellant, a totally disabled veteran whose main source of income is federal veterans'

benefits, was held in contempt by the state trial court for failure to pay child support, the

amount of which had been fixed by the court after considering appellant's benefits

to be income under a Tennessee statute.  The State Court of Appeals affirmed,

rejecting appellant's contention that the Veterans' Administration (VA) has

exclusive jurisdiction to specify payments of child support from the disability

benefits it provides.  The court determined that Congress intended disability

benefits to support the beneficiary and his dependents, and held that the trial court's

order directing appellant to pay a portion of those benefits as child support

or be held in contempt did not undermine a substantial federal interest.


Read the syllabus & the case here.      



Garnishment & Apportionment are very serious matters.

Your VA disability payment can't be garnished under most circumstances.

It can be "apportioned".

The dependent who is owed money by the order of a family court is allowed

to seek apportionment through the VA. The dependent must complete the VBA Form 21-0788.



Do not ever try to hide or disguise income.

Your credibility counts for a lot in a family court. If the judge discovers that you aren't reporting all of your income, including your VA disability income, that won't go well for you.

Don't argue the law with the judge. The family court judge has heard it all.



The family court is run by the state you're in.

They follow the law that is in effect in your state. Most states require that a financial

statement be completed for the court to review.

Each state says that "income" must be accurately listed so that the court

understands the financial status of each party.

How "income" is defined may vary from state to state. Most use language like

"total income from all sources" or something similar.

Look for the law in your state by clicking right here.

In most of these on-line references you'll see that the state lists "disability income"

or similar language. The judge wants to know how much your overall, total income is.



The question we're asked on an near daily basis

is "Do I have to pay child support or alimony with my VA disability money?

I'm told that the law protects me from that."

The answer is almost always, "Yes, your VA disability money will be used

by the family court to determine your obligation to pay child support or alimony."

It is viewed as part of your total income and the law allows it to be used in every state.

The court can not garnish the money from the VA. But once you have it in your

checking account, the court can order you to pay the amount they have determined to

be your obligation. If you don't, you may be held in contempt of court and you may go to jail.

Is this fair? I can't answer that. I don't usually try to address whether or

not it's a fair system. I just report to you the reality of what's happening in our

veterans world and this is the reality we face.

If you don't pay, the obligee (the custodial parent or the spouse owed alimony)

may ask VA to apportion your VA disability payment. While this isn't called

garnishment, it works the same way. If you are behind on payments,

VA will determine what they believe you can afford and send it to the obligee.

Once apportionment starts, you will face a steep hill in challenging it to get away from it.

Your only real option is in the family court. You have the right (this varies

state to state) to ask the family court judge to lower your obligation.


Disabled Veterans Divorce

5301

Child Support & Alimony

Apportionment



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