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

What You Need to Know About Veterans Disability Settlement

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

Jim received a $100,000 lump sum settlement. The VA will annualize the lump sum for a year. This will offset his Pension benefit. He will be able to reapply for his Pension benefit after the annualized amount has been returned to him.

Compensation

Veterans and their families may be eligible for compensation from the government for injuries they suffered while serving in the military. These benefits could be a pension or disability pay. There are a few essential points to be aware of when considering the possibility of a personal injury lawsuit or settlement for disabled veterans.

If a veteran who has a disability receives a settlement or a jury award against the party who was at fault for their injuries, and also has a VA disability claim and is awarded a settlement or award, the amount of the settlement or award could be taken out of the VA payments. This kind of garnishment comes with certain restrictions. First the court must have filed a petition for the apportionment of the disability pay. In the end, only a portion of the monthly compensation can be garnished, usually between 20-50%.

Another thing to remember is that the compensation is based on a percentage of the disabled veteran's condition and not on the actual earnings earned from the job. This means that the higher a veteran's disability score is, the more they receive in compensation. Surviving spouses and children of disabled veterans who have died of service connected illness or injuries are eligible for a special benefit known as Dependency Indemnity Compensation (DIC).

There are a lot of misconceptions about the impact of veterans' pensions or disability payments, as well as other compensations offered by the Department of Veterans Affairs on finances during divorce. These myths can make divorce more difficult for veterans disability attorney and their families.

Pensions

Veterans Disability Pension is a tax free monetary benefit that is granted to veterans who have disabilities that they suffered or worsened during 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 severity of disability, and if there are any dependents. The VA has regulations that govern the method of calculating assets to determine eligibility for Pension benefits. In general, the veteran's home as well as personal possessions and vehicle are not considered, and the remaining assets of the veteran that are not exempt must be less than $80,000 in order to demonstrate financial need.

It is widely believed that the courts can garnish VA disability payments to pay court-ordered child support or spousal maintenance obligations. It is important to note that this is not true.

The courts are only able to garnish a pensioner's pension in the event that they have renounced their military retirement pay in order to obtain the benefits of the disability. The statute governing this is 38 U.S.C SS5301(a).

It is important to note that this doesn't apply to CRSC or TDSC pay, since these programs are specifically designed to provide a higher amount of income for disabled veterans. It is important to know, too, veterans disability that a personal injury settlement could reduce their eligibility for aid and attendance.

SSI

Veterans who have a permanent disability and no income might be eligible for Supplemental Security Intake (SSI). This is a need-based program. A person must have a low income and assets to be eligible for SSI. Some individuals are also eligible for an annual pension from the VA. The amount is determined by the duration of service, wartime period and disability rating.

Most veterans are not qualified to receive both a Pension and Compensation benefit at the same time. If a person has an income pension and receives an income from the VA then the VA will not pay a Supplemental Security Income benefit to that person.

The VA is required to report your monthly military retirement, CRDP or veterans Disability CRSC to the Social Security Administration (SSA). This is almost always a cause for an increase in 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 the court may send the order directly to VA to levy the military retirement. This can occur in divorce cases where the retiree is required to waive his military retirement pay in exchange for VA disability benefits. The U.S. Supreme Court recently decided in the case of Howell that this practice was in violation of federal law.

Medicaid

Veterans with disabilities that are related to their service might be eligible for Medicare and Medicaid. He must prove that he has the look-back period of five years. The applicant must also submit documents to prove his citizenship status. He is not able to transfer assets without an amount that is fair market value but he can still keep his primary residence and a vehicle. He is allowed to keep up to $1500 in cash or the face value of a life insurance policy.

In a divorce the judge could decide that the veteran's VA disability payments can be considered income in the context of formulating post-divorce child care and maintenance. The reason is that several court cases have confirmed the right of family courts to use these payments to calculate support. These include decisions from Florida, Mississippi (Steiner v. Steiner), Wisconsin (In re Marriage of Wojcik), and other states.

The VA disability compensation is determined by the severity of the condition. It is based upon a scale that ranks the severity of the condition. It can vary between 10 percent and 100 percent. More favorable ratings will earn more money. Veterans may also be eligible for compensation for aid and attendance costs, or a specific monthly payment that is based not on a schedule however, but on the severity of their disability.