Cecily Zamora
If you are a veteran with a disability, you may be eligible for additional compensation for your dependents. Dependents can include a spouse or child under 18 years of age, a child between 18 and 23 years of age who is attending school full-time, or a dependent parent. To be eligible for dependent benefits for your children, you must have a combined disability rating of at least 30%. While it is possible to claim a parent as a dependent, it is unclear whether this includes a mother-in-law. Some sources suggest that the parent must be the biological, adoptive, foster, step, or another qualifying type of parent, and this relationship should be established before the servicemember enters active duty. Other sources suggest that you can claim your mother-in-law as a dependent if she lives with you and you provide more than 50% of her financial support. It is recommended that you request the VA to make a decision regarding your specific circumstances.
| Characteristics | Values |
|---|---|
| Can I claim my mother-in-law on my VA disability? | No, unless she was there for you in place of your parents before you joined the military |
| Who can be claimed? | Biological, adoptive, foster, step, or another qualifying type of parent |
| When can a parent be added as a dependent? | If the relationship was established for at least one year before the servicemember entered active duty |
| Other criteria for parents | The parent must be under the veteran's direct care and have an income and net worth that fall below the eligibility guidelines |
| Additional criteria | The veteran must have a disability rating of at least 30% or be receiving educational assistance |
| Forms | Statement of Dependency of Parent(s) (VA Form 21P-509) |
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What You'll Learn
Claiming mother-in-law as a dependent
To claim a parent as a dependent on your VA disability benefits, the parent must be the biological, adoptive, foster, step, or another qualifying type of parent. This relationship should be established for at least one year before the service member enters active duty. The parent must also be under the veteran's direct care and have an income and net worth that fall below the eligibility guidelines.
In the case of claiming a mother-in-law as a dependent, there is ambiguity regarding the eligibility criteria. While some sources indicate that a mother-in-law cannot be claimed as a dependent, others suggest that it is possible if certain conditions are met. For instance, if the mother-in-law lives with the veteran and the veteran can demonstrate that they provide more than 50% of her financial support, they may be able to claim her as a dependent. Additionally, if the veteran's spouse is also a veteran, this could potentially impact the eligibility of the mother-in-law as a dependent.
To determine eligibility, it is recommended to request a decision from the VA. The process of filing a claim for additional disability compensation for a dependent parent involves completing and submitting a Statement of Dependency of Parent(s) (VA Form 21P-509) by mail or online. Supporting documents can be uploaded along with the claim. It is important to note that the VA may only pay from the date they received the claim or, in some cases, up to a year before this date.
It is worth mentioning that to be eligible to receive dependent benefits, veterans typically need to have a combined disability rating of at least 30%. This rating threshold may impact the overall eligibility for dependent benefits, including for a mother-in-law, if she meets the other necessary criteria.
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Criteria for adding dependents to VA benefits
To be eligible to receive dependent benefits for your children, you must have a combined disability rating of at least 30 percent. When you receive a rating of 30% or higher, you will be notified of your possible eligibility to file for Dependent benefits. You can file a claim for additional disability compensation whenever you add a dependent.
Spouse
If you are the spouse, dependent, or survivor of a Veteran who meets certain service-connected disability requirements, you may qualify for health care benefits through the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA). You may be eligible for CHAMPVA if you don't qualify for TRICARE (the Defense Department's health care program for service members and their families). You may also qualify for CHAMPVA if you are the surviving spouse or dependent child of a service member who died in the line of duty, not due to misconduct. However, you can't get CHAMPVA benefits if you qualify for TRICARE.
Children
Children must generally be younger than 18 or between the ages of 18 and 23 if attending school to be considered dependents. Certain adult children who become seriously disabled before the age of 18 may also be entitled to DIC. If you have a child who will remain in school past the age of 18, you will need to add their information again in the online tool as children are automatically removed from disability compensation when they turn 18. If your dependent child is between 18 and 23 years old and attending school full time, you will need to submit a Request for Approval of School Attendance (VA Form 21-674) with your application. If your child became permanently disabled before turning 18, you will need to submit all private medical records relating to their disabilities with your application.
Parents
You can file a claim for additional compensation for a dependent parent if you become their caregiver and their income and net worth are below a certain amount. You will need to fill out and submit a Statement of Dependency of Parent(s) (VA Form 21P-509) by mail. To be an eligible parent to add as a dependent, the parent must be the biological, adoptive, foster, step, or another qualifying type of parent. This relationship should be established for at least one year before the servicemember enters active duty. In-laws do not qualify as dependents.
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Mother-in-law's income and net worth
To claim your mother-in-law as a dependent on your VA disability benefits, she must meet the definition of a parent according to the VA. The VA defines a parent as a biological, adoptive, foster, step, or other qualifying type of parent. This relationship must be established at least a year before the service member enters active duty.
In addition to the relationship criteria, your mother-in-law's income and net worth must be below a certain amount to be eligible as your dependent. The specific income and net worth limits are not publicly available, but you can review the current income and net worth requirements for dependent parents through your verified account on VA.gov.
It is important to note that you can only claim your mother-in-law as a dependent if she is your dependent, meaning you are her caregiver and she relies on you financially. If your mother-in-law meets the relationship and financial criteria and is your dependent, you can file a claim for additional disability compensation for her.
To file a claim for additional disability compensation for a dependent parent, you will need to fill out and submit a Statement of Dependency of Parent(s) (VA Form 21P-509) by mail or online. You may also work with an accredited Veterans Service Officer (VSO) who can assist you with the process and answer any questions you may have.
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Additional disability compensation for a dependent parent
To file a claim for additional disability compensation for a dependent parent, you must meet certain criteria. Firstly, the parent must be the biological, adoptive, foster, step, or another qualifying type of parent. This relationship should be established for at least one year before the service member enters active duty. Secondly, the dependent parent must be under the veteran's direct care and have an income and net worth that fall below the eligibility guidelines. You can add a dependent parent after they become a dependent while you are receiving disability compensation with at least a 30% disability rating or while receiving educational assistance.
To file a claim for additional disability compensation for a dependent parent, you’ll need to fill out and submit a Statement of Dependency of Parent(s) (VA Form 21P-509) by mail. You can also file your claim online for a faster decision. The online process is simple, and you can upload your supporting documents along with your claim. If you can’t or don’t want to file online, you can submit your form by mail.
It is important to note that while you can claim your own parent as a dependent, you cannot claim your mother-in-law. This is because the definition of "parent" in this context does not include in-laws. However, if your mother-in-law lived with you and you provided more than 50% of her financial support, you may be able to claim her as a dependent for tax purposes, but not for VA benefits.
In addition to dependent parents, you can also file a claim for additional disability compensation for a dependent child or spouse. If you are claiming a child who became permanently disabled before turning 18, you must submit all private medical records relating to the child's disabilities with your application. If your dependent child is between 18 and 23 years old and attending school full-time, you will need to submit a Request for Approval of School Attendance (VA Form 21-674) along with your application. For a spouse or a child under 18 years of age, you will need to fill out an Application Request to Add and/or Remove Dependents (VA Form 21-686c).
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Online tool to review current dependents
The US Department of Veterans Affairs (VA) offers a monthly tax-free payment to veterans who got sick or injured while serving in the military and to veterans whose service made an existing condition worse. This is known as VA disability compensation.
You can view your current VA disability rating and benefits online. To do this, you must have received a decision notice from the VA in the mail confirming your disability rating. This tool does not include ratings for any disability claims that are still in process. You can check the status of pending claims with the claim status tool.
You can also use the online tool to view or change dependents on your VA disability benefits. You can add a dependent spouse, child, or parent to your VA disability benefits for additional compensation. You can also remove a divorced spouse or a dependent from your disability compensation. If you have a child who will remain in school after the age of 18, you will need to add their information again in the online tool, as children are automatically removed from disability compensation when they turn 18.
If you are claiming a child who became permanently disabled before turning 18, you will need to submit all private medical records relating to the child's disabilities with your application. If your dependent is a child between 18 and 23 years old and attending school full-time, you will need to submit a Request for Approval of School Attendance (VA Form 21-674) with your application. To file a claim for additional disability compensation for a dependent parent, you will need to fill out and submit a Statement of Dependency of Parent(s) (VA Form 21P-509) by mail.
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Frequently asked questions
No, you cannot claim your mother-in-law on your VA disability benefits. Only biological, adoptive, foster, step, or other qualifying types of parents can be claimed as dependents.
To add a dependent to your VA disability benefits, you must have a combined disability rating of at least 30%. Dependents can include a spouse or children under the age of 18, or between 18 and 23 if they are enrolled in school full-time.
You can file a claim for additional disability compensation for a dependent by mail or online. For a spouse or child under 18, you'll need to fill out VA Form 21-686c. For a child between 18 and 23 who is attending school full-time, you'll need to fill out both VA Form 21-686c and VA Form 21-674. For a dependent parent, you'll need to fill out VA Form 21P-509.
