Veteran's Claim: Can I Depend On My Mother-In-Law?

Veterans can claim their parents as dependents if they meet certain criteria. This includes if the veteran is directly caring for them and their income and net worth are below a certain amount. The definition of a parent is broad and includes birth parents, adoptive parents, foster parents, and step-parents. However, it is unclear if a veteran can claim their mother-in-law as a parent as a dependent. While in-laws are not explicitly mentioned in the criteria, it is worth noting that the relationship between the veteran and the dependent parent must be established for at least one year before the veteran enters active duty.

Veterans can add or modify dependents by submitting forms by mail, in person, or electronically

To add or modify a dependent online, veterans can access the VA's website using a verified ID.me or Login.gov account. Once signed in, they can navigate to the "Manage Benefits" section to view and update their list of current dependents. This process is simple, and veterans can upload supporting documents along with their claim. The VA recognizes the day the online claim process starts as the date of receipt of the claim, which can impact the date of eligibility for additional disability compensation.

Veterans can also choose to submit forms by mail or in person at a VA regional office. The specific form to be used depends on the type of dependent. For a spouse or a child under 18 years of age, the veteran will need to fill out VA Form 21-686c, "Application Request to Add and/or Remove Dependents." For a child between 18 and 23 years old who is attending school full-time, both VA Form 21-686c and VA Form 21-674, "Request for Approval of School Attendance," are required. To add a dependent parent, veterans will need to complete VA Form 21P-509, "Statement of Dependency of Parent(s)." This form is also used by parents of veterans who died as a result of their service. It is important to note that adding a dependent parent cannot be done through the VA's online system.

When submitting forms by mail or in person, veterans should send their correspondence to the Department of Veterans Affairs Evidence Intake Center at the following address: PO Box 4444, Janesville, WI 53547-4444. Additionally, veterans can work with an accredited Veterans Service Officer (VSO) who can answer questions and assist with filing claims. While submitting forms by mail or in person may take longer to process, the VA encourages veterans to update their dependents promptly when changes occur. Failure to notify the VA of changes in dependents may result in the veteran receiving more benefits than they are owed, and the VA may withhold money from future payments to recover any overpaid amounts.

Dependents may qualify for healthcare through programs like CHAMPVA or TRICARE

If you are the spouse, child, or parent of a service member, you are considered a dependent and can qualify for VA benefits. These benefits include financial, healthcare, and educational support.

The Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) is a comprehensive healthcare program for the spouse, widow(er), dependent child, or surviving dependent child of a Veteran. It is also available for the primary family caregiver of a Veteran with disabilities. To qualify for CHAMPVA, you must not qualify for TRICARE, the Defense Department's healthcare program for service members and their families. TRICARE offers several plans, including TRICARE Prime, TRICARE Select, TYA, TRS, and TRR.

To apply for CHAMPVA, you must first obtain a Social Security number for your child. Next, you must add your child as a dependent of the Veteran sponsor by contacting your nearest VA regional office. You can then apply for CHAMPVA by contacting the VHA Office of Integrated Veteran Care (IVC), which processes CHAMPVA applications, determines eligibility, authorizes benefits, and processes medical claims.

If you are a Veteran with a service-connected disability rated at or above 30%, or you have retired from active duty, your dependents may be eligible for additional disability compensation. You can file a claim for additional compensation for a dependent at the same time as you file your original claim for disability compensation.

Veterans must have a disability rating of 30% or more to be eligible for the VA Dependent Parent Benefit

To be eligible for the VA Dependent Parent Benefit, veterans must meet specific criteria regarding their disability rating and the dependency status of their parent.

Firstly, to be eligible for the benefit, veterans must have a disability rating of at least 30%. This rating indicates that the veteran's disability significantly impacts their daily life and ability to function independently. A higher disability rating translates to a higher monthly compensation amount. For example, a veteran with a 30% disability rating and a dependent spouse (no dependent parents or children) would receive a basic monthly rate of $601.42.

Secondly, to claim a parent as a dependent, the veteran must be directly involved in the parent's care, and the parent's income and net worth must fall below certain eligibility guidelines. This means that the veteran is financially responsible for the parent's basic needs and support. Additionally, the parent must be the biological, adoptive, foster, step, or another legally recognised type of parent. This relationship should be established at least a year before the veteran enters active duty.

It is important to note that in-laws, such as a mother-in-law, do not fall under the category of eligible dependents. The relationship criteria mentioned above specifically apply to parents, and in-laws do not meet this qualification. Therefore, a veteran cannot claim their mother-in-law as a dependent, even if they provide significant care and support to their spouse's parent.

To apply for the VA Dependent Parent Benefit, veterans can submit a Statement of Dependency of Parent(s) (VA Form 21P-509) by mail or electronically. They may also file a claim for additional compensation for a dependent simultaneously when filing their original claim for disability compensation. If the veteran's disability rating is 30% or higher, their eligibility for additional compensation for dependents will be automatically considered.

Veterans can also utilise resources such as the online tool on VA.gov to review their current dependents and manage their VA disability benefits. Additionally, they can seek assistance from accredited Veterans Service Officers (VSOs), who are trained and certified in the VA claims process and can provide guidance and support in filing claims.

The VA recognizes spouses in opposite-sex, same-sex, and common-law marriages as dependents

The Department of Veterans Affairs (VA) recognizes spouses in opposite-sex, same-sex, and common-law marriages as dependents. This recognition extends to all same-sex marriages, regardless of the veteran's state of residence, following the Supreme Court's decision in Obergefell v. Hodges, which deemed that the Fourteenth Amendment of the U.S. Constitution requires states to recognize such marriages.

VA benefits and services are influenced by a veteran's marital status, and they may offer benefits to a veteran's spouse or surviving spouse. The VA generally accepts a claimant's statement that they are married, but reserves the right to investigate further if an assertion appears unreliable. This procedure is consistent across both opposite-sex and same-sex marriages.

To add a spouse as a dependent, veterans must submit the same evidence for claims and applications, regardless of the type of marriage. This may include providing a marriage certificate or other proof of a couple's cohabitation, such as leases or joint bank statements.

Common-law marriages are recognized by the VA if the state in which the veteran resides recognizes such marriages, and the state's requirements for common-law marriage are met. It is important to note that common-law marriages and dependent parents require specific forms and cannot be managed through the VA's online portal. Form 21-4170, for instance, is used to claim benefits for spouses and prove marital status, while VA Form 21-674 is used for claiming benefits for eligible children between the ages of 18 and 23 who are attending school.

Veterans can add or modify dependents by submitting the appropriate forms by mail, in person at a VA regional office, or electronically. The most common method for updating dependents is through the VA's online system, which offers convenience and efficiency in processing requests. However, it is recommended to follow up on claims and dependent requests to ensure they have not been lost in the system.

The VA Dependent Parent Benefit is an additional benefit amount over and above existing benefits

Upon the veteran's death, the parents, spouse, and children may become eligible for the Dependency Indemnity Compensation (DIC) benefit. This includes the Survivors Pension, which is a tax-free benefit paid to low-income, un-remarried surviving spouses or unmarried children of a deceased veteran. The DIC benefit also includes income, education, and medical support for the spouse and dependent children of some service-connected disabled veterans. The medical support provided by the DIC benefit is called CHAMPVA, which covers most health care services and supplies that are medically and psychologically necessary.

To be eligible for the VA Dependent Parent Benefit, the veteran must have a service-connected disability with a rating of at least 30% or must have retired from active duty. The parent must be the biological, adoptive, foster, step, or another qualifying type of parent. The relationship should be established for at least one year before the veteran enters active duty. The parent must be under the veteran's direct care and have an income and net worth that fall below the eligibility guidelines.

To file a claim for the VA Dependent Parent Benefit, the veteran will need to fill out and submit a Statement of Dependency of Parent(s) (VA Form 21P-509) by mail. The veteran can also file a claim for additional disability compensation whenever they add a dependent. The veteran can file this claim online or by mail using VA Form 21-686c. It is important to note that the VA processes electronic claims much faster than paper claims, and the veteran can often get a decision in as little as 48 hours after filing.

Frequently asked questions