Guide To Veterans Disability Compensation: The Intermediate Guide On Veterans Disability Compensation

What You Need to Know About Veterans Disability Settlement

The VA program compensates for disability on the basis of loss of earning capacity. This system is different from the workers' compensation programs.

Jim received a lump-sum settlement of $100,000. The VA will annualize the lump sum for a year. This will reduce his Pension benefit. He will only be eligible to apply for his pension benefit once the annualized amount has been returned to him.

Compensation

Veterans and their families could be entitled to compensation from the government for injuries incurred while serving in the military. These benefits could be the form of a disability or pension. There are a few important things to keep in mind when you are considering a personal injury suit or settlement for a disabled veteran.

If a veteran who has disabilities receives a settlement or a jury award against the party who was at fault for their injuries and also has a VA disability claim in the same year, then the amount of the settlement or award may be garnished off their VA payments. This kind of garnishment is subject to some restrictions. First, the court must have submitted a petition to apportionment of the disability compensation. Then, only a fraction of between 20% and 50 percent of the monthly pay could be garnished.

Another thing to keep in mind is that the compensation is based on a percentage of the disabled veteran's condition and not on actual earnings from working. The higher a veteran's disability rating the more compensation they'll receive. Surviving spouses and children of a disabled veteran who died from service-related illness or injuries are eligible for a special benefit called Dependency Indemnity Compensation (DIC).

There are many misconceptions regarding the impact of veterans' pension benefits as well as disability payments and other compensations from the Department of Veterans Affairs on money issues in divorce. These misconceptions can make a difficult divorce even more difficult for veterans and veterans disability their families.

Pension

Veterans Disability Pension is a tax free monetary benefit that pays out to veterans suffering from disabilities that were incurred or aggravated through military service. It is also available to surviving spouses and dependent children. The pension rate is established by Congress and is based on the amount of disability, the degree of disability, as well as if there are any dependents. The VA has regulations that specify the method of calculating assets in order to determine eligibility for Pension benefits. The VA will take into account the veteran's vehicle, home and personal effects. However the remaining non-exempt assets of a veteran must be less than $80.000 to demonstrate financial need.

It is a common misconception that the courts are able to garnish VA disability payments to meet court-ordered child support or maintenance obligations for spouses. It is important to know that this is not true.

The courts can only take a veteran's pension away if they have renounced their military retired pay in order to get an amount of compensation for an impairment. 38 U.S.C. (a) SS5301 (a) is the statute that governs this.

It is important to note that this is not applicable to CRSC or TDSC pay, since these programs are specifically designed to provide a higher amount of income to disabled veterans. It is important to keep in mind, too, that a veteran’s personal injury settlement can affect their eligibility for aid and attendance.

SSI

If a veteran is not earning income from work and is suffering from a permanent disability or permanent disability, they could be eligible for Supplemental Security Income (SSI). This is a program based on need. SSI is only available to people who have low incomes and assets. Some people can also receive a monthly pension benefit from the VA. The amount will depend on their service and war time period, as well as a disability rating.

Most veterans disability lawyers do not qualify for both pension and compensation benefits at the same time. If a person is eligible for an amount for disability and a pension from the VA but it does not pay them a Supplemental Security income benefit.

The VA is required to report your monthly military retirement, CRDP or CRSC to the Social Security Administration (SSA). This will nearly always increase your SSI benefit. The SSA can also calculate your SSI earnings using VA waiver benefits.

If a veteran is required to pay for support in an order of a court and the court is able to go directly to VA to levy the military retirement. This could be the case in divorce cases where the retired person waives their military retired benefits in exchange for their VA disability payments. The U.S. Supreme Court recently ruled in the case of Howell that this practice was in violation of federal law.

Medicaid

A veteran with an impairment that is connected to service may be eligible for Medicare and Medicaid benefits. He must prove that he meets the look-back period of five years. Additionally, he has to present documents that show his citizenship. He cannot transfer his assets without a fair value, however, he can keep one vehicle and his primary residence. He can keep up to $1500 in cash or the face value of a life insurance policy.

In divorce proceedings, a judge may decide to treat the veteran's VA Disability payments as income when calculating child support and maintenance following the divorce. The reason is that numerous court decisions have confirmed the legality of family courts to make use of these payments to calculate support. These include rulings from Florida (Allen v. Allen), Mississippi (Steiner v. Steiner), and Wisconsin (In re the marriage of Wojcik).

The amount of VA disability compensation depends on the severity of the service-connected condition. It is based on a chart which ranks the severity of the condition. It can be between 10 percent and 100 percent. Higher ratings will bring more money. Veterans could be eligible for additional compensation to cover aid and attendance costs, or a specific monthly payment, which is based not on a calendar however, but on the severity of their disability.