Should I file Married Jointly or Separately to qualify for VA Medical Benefits? in Veteran Finance & Tax Related Issues Forum

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Should I file Married Jointly or Separately to qualify for VA Medical Benefits?

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em1	Should I file Married Jointly or Separately to qualify for VA Medical Benefits?		Lead	[-]
Posts: 297 Jan 14 12 10:31 PM	Hi All, Need some advice, last year my husband & I both signed up for VA health benefits and also filed claims, (both of us are OIF veterans; ETS was 11/03 & 7/04) When we signed up, I qualified as Category 8 & my husband Category 7, (co pays) we were both being seen by VA but in June, I got a call from the benefits eligibility department from our VARO West LA and was told that I never qualified for health care because my income was too high. All of my VA appointments were canceled so I have been being treated by a private Dr.out of my own pocket. My husband still gets care but he has a large past due VA medical bill (close to $1000) we both filed for hardship but his past employer (employment agency) kept giving us the run around as to why they couldn't type up a letter saying that he was no longer working with them or even a copy of his last paycheck stub so we missed the hardship deadline. Anyway, long story short, based on my income alone, I would qualify for VA health care if I were to file married separately. My husband only worked for 2 mos last year & we/he has an ebay site that totaled $16,000 in sales last year, the site is under his name, after all the expenses, the total profit was close to $7,500, that with his 2 months of work totaled his income to close to 11k. My question is, would it be wise for me to file separately so that I can qualify for VA heatlh care and so that I have a return? I have a big feeling that the government is going to take the money he owes out of our taxes. We have 2 children, could we both claim 1 child each? Any advice/suggestions are highly appreciated
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longhorn		#1	[url]	[-]
Posts: 190 Jan 15 12 9:28 PM	i think the va is going to collect that money regardless of weather you filed jointly of separate. he owes the money why doesn't he pay it there going to collect that money one way or another.
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nmfxstc		#2	[url]	[-]
Posts: 25223 Jan 15 12 11:10 PM	em1 wrote: Hi All, Need some advice, last year my husband & I both signed up for VA health benefits and also filed claims, (both of us are OIF veterans; ETS was 11/03 & 7/04) When we signed up, I qualified as Category 8 & my husband Category 7, (co pays) we were both being seen by VA but in June, I got a call from the benefits eligibility department from our VARO West LA and was told that I never qualified for health care because my income was too high. All of my VA appointments were canceled so I have been being treated by a private Dr.out of my own pocket. My husband still gets care but he has a large past due VA medical bill (close to $1000) we both filed for hardship but his past employer (employment agency) kept giving us the run around as to why they couldn't type up a letter saying that he was no longer working with them or even a copy of his last paycheck stub so we missed the hardship deadline. Anyway, long story short, based on my income alone, I would qualify for VA health care if I were to file married separately. My husband only worked for 2 mos last year & we/he has an ebay site that totaled $16,000 in sales last year, the site is under his name, after all the expenses, the total profit was close to $7,500, that with his 2 months of work totaled his income to close to 11k. My question is, would it be wise for me to file separately so that I can qualify for VA heatlh care and so that I have a return? I have a big feeling that the government is going to take the money he owes out of our taxes. We have 2 children, could we both claim 1 child each? Any advice/suggestions are highly appreciated I am confused here! Do you or the hubby have any service connected disability? At cat 7 or 8 I can;t see how any filing will evade or avoid co-pays. Am I missing something here? Fillean meal ar an meallaire.
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herdgrunt		#3	[url]	[-]
Posts: 5816 Jan 16 12 12:36 AM	Yes dan, I think we all are missing something here. I want to be polite, so I won't say entirely what I want to say but it does look like they want to avoid something and it certainly does appear that neither are service-connected (both not categorized as such and no mention either). And we get mad at the System when we 100% disabled vets have to wait months for appointments. ",.....with the cross of Jesus, going on before."
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em1		#4	[url]	[-]
Posts: 297 Jan 16 12 6:58 PM	nmfxstc & herdgrunt, Nothing funny going on but I should of mentioned this, we both filed claims in May 2011 but we aren't rated yet, hopefully in a couple of months we'll get rated. FYI, OIF veterans only have 5 years from the date of ETS to apply for free VA healthcare without having to go through the whole eligibility paperwork, we missed our 5 year window and only my husband qualified under category 7 with co pays even thought he hasn't worked a steady job in over 3 years. Last year, our combined taxes were 2k over the $36,000 household limit (ridiculous amount for 2 veterans with 2 dependants) My husbands severe PTSD has lead to kidney failure, on his first VA medical appointment, he had to be rushed to the VA emergency side of the hospital because his blood pressure was extremely high. Because of his severe PTSD and high blood pressure, one of his kidneys has failed and he needs to get it removed. His primary Dr. has scheduled him to meet with the surgeon but we really are not sure how we are going to go through with the surgery if he isn't rated yet??? (Guess that would be another topic). We live in CA and the Los Angeles VARO is about 74% behind on claims so we really don't know how long the wait is going to be to get rated. I am basically the sole earner in my home, my issue is, I cannot afford to see a private Dr. & Psychiatrist and pay for medications which is why I am considering filing our taxes as separately (money is very tight, I have to pick between filling up my gas tank to go to work or pay a Dr. and get meds, I've been picking my gas tank lately but my depression has skyrocketed) I really need the refund money and since my husband owes the VA alot of money with more accumulating each time he has an appointment, I wanted to file separately so that all of our tax return isn't confiscated. Also, if I file separately, I am sure that I would qualify for VA health care because my income dropped about 5k when compared to last year. This is it, I'm not out trying "screw VA and freeload", our mistake was that we didn't file within the 5 year window of our ETS.
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herdgrunt		#5	[url]	[-]
Posts: 5816 Jan 17 12 1:37 AM	Very rarely does a married one come out ahead by filing "Married Seperately," you have to run the numbers and see how it looks. I am begging out on this one, I do symphatize with your situation but I am not going to encourage you. ",.....with the cross of Jesus, going on before."
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Michellee	Do what you got to do	#6	[url]	[-]
Posts: 414 Jan 17 12 11:32 PM	Some of us have forgotten the bottom line about helping other veterans and leading the way out of the VA jungle. Do what you got to do to get the medical help you need for you and your family. Some of us are to holy and sanctimonious to say so. There is nothing illegal about filing separately with the IRS when one spouse owes money to them. There is even a special form. So I would think with the VA it would also be okay. I understand your plight and I emphatize with you. Now other than your own morality issues on why you are doing it then deal with that. But to know for sure if it is legal to file separately, you would have to call anonymously and ask a general question of FEE BASIS department. Most unless there in that situation won't know the legality behind that. However, my opinion is that it probably will fly as in the case and scenario with separated veterans that are still legal married. But you need to check. Also don't just sit back and wait on your claim results. Send Iris checking on it and do call periodically. Please see someone at the VA for your depression before it gets worse. One of you may have to use your veteran benefit or 10 point employment to maybe to get better paying jobs. Do a search on companies priority hiring of of OEF vets, even have your husband consider working part time at the VA Medical Hospital. There are veterans with PTSD and disable vets working there.. I am just saying 36,000 is ruff with family of four and who knows how long it will take to get your claims back. I would only consider if your health permits. Just throwing some ideas out there to deal with the income situation/medical benefits. Another thing he could do for income is take classes online from home using his GI Bill. That could supplement some income too. Don't forget once you get rated if you get 30% or more to look into Voc Rehab for school and you can do online. God Bless.
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em1		#7	[url]	[-]
Posts: 297 Jan 18 12 2:40 AM	Michelle, Thanks for your kind words and advice, I really appreciate it. I sometimes wonder why I even post on this site, it seems like a lot of the older veterans are against new younger vets filing claims because their worried that they are going to mess it up for them or something, that's the impression I sometimes get from reading the post replies. Anyway, VA won't see me at all because of my income from last year, I'm going to meet with our tax lady as soon as we get the rest of our tax paperwork in the mail and should qualify for VA healthcare soon. What pissed me off the most was that after 7 years of living with PTSD, when I first saw the VA psychiatrist, he prescribed medication which worked wonders, I was feeling better than I had in years, then about 6 weeks later, VA pulls the rug from under my feet saying, "oops, our mistake, you never qualified for health care in the first place so we have to cancel all of your appointments, sorry about that." That really send me over the edge. Anyway, Thanks again for your advice
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Vain	I agree with you	#8	[url]	[-]
Posts: 384 Feb 1 12 5:29 AM	It does feel that some of the older vets on here are pretty selfish but thats just some. There are some kick ass people on here! don't get to glum I know your situatin sucks right now and it seems hopeless but don't give up the fight! That's what makes this site so kick ass. It's the hidden meaning behind it! DON'T GIVE UP THE FIGHT! File file and file some more. any problems you have that are legit you need to talk to the V A about. And if they won't see you that fine. Keep filing. No one can stop you from filing. Not even mean old guys on some website. lol So many people told me I'm full of crap and that i'm not able to get disability and bla bla.. I now sit at 80 percent with I U pending and I've been accepted unto ILP. If you don't know what any of that means, I'd do some serious reading on this site. It may save your life! The point is I'm an OIF vet as well and after all the crap people have told me, I dug and dug and found out they didn't know shit! Never I mean never take one persons angry post on here as truth. Anyways thats my rant good luck to you! SSDI Awarded 100%IU Awarded 70 % PTSD 10 % BI Lateral left leg Compartment Syndrom 10 % BI Lateral Right Leg Compartment Syndrom 10 % left leg scarring 10% right leg scarring 10% Tinnitus I've yet to meet an adversary worthy of my tears. But, if blood is considered rain then a flood will be spilt to secure freedom. -Vain Edited 1 time by Vain Feb 3 12 1:31 AM.
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herdgrunt		#9	[url]	[-]
Posts: 5816 Feb 3 12 12:24 AM	"File, file, and file some more." And you wonder why some older vets on here don't agree with that? Or, the fact that the OP's original question was technically above those who responded, both in IRS knowledge and in "moral knowledge." Things have changed so much as to what is right anymore that the younger one just can't expect we older one to respond on every single issue and posting. Welcome home all vets and good luck on your claims. You are on the right site, just stay patient and keep digging--info's here. ",.....with the cross of Jesus, going on before."
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The Old Medic		#10	[url]	[-]
Posts: 6053 Feb 5 12 6:56 PM	If you, or your husband, ever get S/C for your problems, you will be reimbursed any co-pays for that/those condition(s). If either of you are rated at 50% S/C or higher, then all co-pays for everything will be waived (as at 50%, you get covered for ALL medical conditions). Don't even think about trying to play games with your taxes, in order to attempt to get rid of the Co-Pays, qualify one of you for VA coverage, etc., etc, etc. It will be a LOT more hasstle that it is worth, and it is likely to come back and bite you in the butt. US Army 1959-1969; Germany 1960-63; Medic 1964-69 SFC E-7 MOS: 55G10 (60-63) , 91B40, 91C40, 91F40 (64-69) Registered Nurse, 1968-2005 (Licensed, not practicing after 1975) Ed.D in Rehabilitation Counseling, Certified Rehabilitation Counselor Retired, Licensed Clinical Psychologist, Independent Social Security Contract Vocational Expert 1983-2005, Contract Medical Expert 1987-2005 60% Service Connected Disabled; Life Member of the DAV since 1980
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SCPOUSN		#11	[url]	[-]
Posts: 649 Feb 8 12 7:06 AM	EM1, I would think that if you were to set up a payment plan with the VA it would have zero impact on your taxes, and it could potentially releive some stress as well. The VA isn't out to screw anyone. Here is a link to that may be of some assistance. http://www.va.gov/DEBTMAN/index.asp I hate that your falling on hard times, but if you can get on some kind of payment plan it will save you lots of headaches, i.e. it going into private collections, harming your credit rating, etc. etc. And as Old Medic pointed out, if either is rated 50% all the copays will be refunded. I hope this helps. Best of luck to you and thanks for your service. Edited 1 time by SCPOUSN Feb 8 12 7:09 AM.
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em1		#12	[url]	[-]
Posts: 297 Feb 19 12 6:15 PM	Everyone, Thanks for all the advice; we did end up filing jointly and VA did take the money that was owed to them; It's actually relieving because we don't have to worry about that large balance anymore. Hopefully our claims get processed within the next few months (keeping our fingers crossed) I also re-filed for VA healthcare and am waiting to hear from them to see what category I will fall under. I'm tired of missing work and seeing a civilian psychologist and therapist on my dime that make me feel like a "aww, poor soldier girl". At least with VA, I know that their mental Dr's are used to dealing with PTSD. Thanks again everyone!
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Vain		#13	[url]	[-]
Posts: 384 Feb 20 12 8:58 AM	I wish you luck Thank you for your service and good luck! SSDI Awarded 100%IU Awarded 70 % PTSD 10 % BI Lateral left leg Compartment Syndrom 10 % BI Lateral Right Leg Compartment Syndrom 10 % left leg scarring 10% right leg scarring 10% Tinnitus I've yet to meet an adversary worthy of my tears. But, if blood is considered rain then a flood will be spilt to secure freedom. -Vain
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Should I file Married Jointly or Separately to qualify for VA Medical Benefits?

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