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Income tax and V. A. Benefits

 
 
Reply Wed 10 Feb, 2010 11:33 am
I'm asking this question for someone else so I don't know all the details but I appreciate any help you can give me. I will try to get answers to any questions you might have.

If someone severed in the military (Korean war) and received an honorable discharge would they be eligible for V.A. benefits even if they had not filed income tax in the last 7 years? The V.A. requires income statements to determine eligability. Is there any other type of documentation that would work other than tax returns.

100% of this persons social secruity is being garnished.

Thanks!
 
Setanta
 
  3  
Reply Wed 10 Feb, 2010 11:44 am
Any document from the Social Security Administration showing their benefits would be evidence of income for the VA's purposes. They are gonna need their DD Form 214--although i suspect they would know that.

(EDIT: Scratch that about form 212, i was thinking of something else.)
0 Replies
 
boomerang
 
  1  
Reply Wed 10 Feb, 2010 01:30 pm
Thank you, Set. That doesn't sound like it would be too difficult to get. I'll pass your info along.
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roger
 
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Reply Wed 10 Feb, 2010 02:01 pm
@boomerang,
I don't think there is going to be any problems related to income tax returns or garnishment of social security benefits. I am eligible for VA benefits, and while there is both an income and asset test, I have never been audited nor asked for documentation.

Unfortunately, VA has some pretty screwy rules. I and a friend were both in the service at the same time. He was in southeast Asia; I was in southeast US and Germany. I am eligible. He is not. The reason is that I had to use there services in the late 90s, so I was enrolled in the system before the eligibility rules were changed in the Bush administration. He was not enrolled by the time of the rule change, and is therefore excluded.

In other words, your friend may or may not be eligible, and will only find out by applying. Having served in Korea, he might well qualify. If there was any kind of documented, service connected disability he will probably go right to the top. Do not let a lack of documents keep him from applying.
sullyfish6
 
  1  
Reply Wed 10 Feb, 2010 04:08 pm
I have never heard of SS being garnished. What great sin was comitted for this? Holy crap! (Must be back taxes or overpayment).
roger
 
  1  
Reply Wed 10 Feb, 2010 04:12 pm
@sullyfish6,
Can be back taxes, suport payments, and possibly unpaid student loans.
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georgeob1
 
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Reply Wed 10 Feb, 2010 04:15 pm
@sullyfish6,
I'm not aware of any provision for the garnishment or reduction of SS benefits associated with those of the VA - under any circumstances.

Military retirees receiving pensions for their service can in some cases suffer a dollar for dollar reduction of their retirement for VA benefits received. Even so there is a residual benefit of sorts in that VA payments for combat disability are not taxable.
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boomerang
 
  1  
Reply Wed 10 Feb, 2010 04:37 pm
@roger,
Thanks roger and georgeob1, I'll pass that info along too.

I really don't know much about the situation but I don't think the man was injured/wounded during his time in the military and his issues now are more age related than anything else.

He's pretty ill and his insurance was cancelled. His family is hoping to help him get treatment through the VA.
0 Replies
 
 

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