Legal Question in Military Law in Arizona

Re: disabled veteran disabilty dependent payments

As a reserve Army Judge Advocate I am going to make an assumption that the Naval JAGMAN and VA have similar provisions to the Army as benefit law is very similar and mandated by Congress. In general any money received for dependent support should be provided to those dependents until death, expiration of eligibility, or subsequent Court Order. For example the Army imposes by regulation an absolute duty on the soldier to support his/her dependents with the BAQ allowance with dependants amount until a civil Court takes action (there is actually a formula if there are more than one group of dependents, such as a married soldier who fathers an illegitimate child by another woman). In the case of children, the mere fact of divorce will not terminate the children�s entitlement, but would terminate that of the exspouse.

There should be a VA Ombudsman in your general area who can answer your questions specifically. I would suggest you contact the information desk at the nearest VA hospital to get the necessary contact information. Also Congressional offices normally have pamphlets and contacts that deal with this and similar problems or can hook your friend up with a serving legal center.

Re: disabled veteran disabilty dependent payments

Disability Pension is a benefit paid to wartime veterans with limited income and with physical limitations to work. To be eligible,certain criteria has to be met viz.90 days service on active duty with 1 day during war , inability to work on a regular full time job ,honourable discharge, etc. Another requirement is that your countable family income is below a yearly limit set by law.

You are right that the countable income limit which is set by the law takes into account the veterans with dependents and children and Veterans Affairs Department therefore, pays the difference between countable family income and the yearly income limit which describes the situation of each disabled veteran.Family Income limits (effective Dec 1, 1998), for example, set the limit with spouse and two children as $13305. You must however, clearly note that some income is not counted towards the yearly limit( for example, welfare benefits, some wages earned by dependent children, and supplemental Security Income)

I guess you should ask your co-worker friend to speak to the Veteran and ask for the details of dependent money that he has erstwhile been drawing on their behalf and to make the payments with arrears ;alternatively ,she could get this information from VA Application Form 21-526 submitted by the Veteran to the authorities below, which carries depedency record (marriage and children 's birth certificates)and details of compensation demanded.

In case the Veteran still does not cooperate, then I guess she should enquire/approach the following organization for immediate help:

US Department Of Veterans Affairs

Veterans Benefits Administration

VA Regional Office

3225 North Central Avenue

Phoenix, AZ 85012-2405

E-mail [email protected]

TOLL FREE TELEPHONE:1-800-827-1000

I also recommend going through the Veterans Entitlements Act 1986 for a comprehensive outlook on the subject.

Thanks and Goodbye.

Anjum Jawaid Khan

LL.M.(McGill)

Attorney at Law

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