The Ultimate Glossary On Terms About Veterans Disability Compensation

What You Need to Know About Veterans Disability Settlement

The VA program compensates disabled people based upon loss of earning capacity. This program is distinct from workers' compensation programs.

Jim received a lump sum settlement of $100,000. The VA will increase each year the lump sum over one year. This will reduce his Pension benefit. He is only eligible to apply again after the annualized amount has been returned to him.

Compensation

Veterans and their families could be eligible for compensation from the government for injuries they suffered during the military. These benefits could be the form of a disability or pension. When you're considering a personal-injury lawsuit or settlement on behalf of a disabled veteran, there are some key points to remember.

If a veteran with an impairment receives a settlement or a jury award against the person who is at fault for their injuries and also has a VA disability claim and the amount of that settlement or award may be garnished from their VA payments. This kind of garnishment is subject to some restrictions. First, a court petition must be filed for the apportionment. Only a small portion of the monthly compensation is able to be garnished, typically between 20 and 50 percent.

It is also important to remember that compensation is not based on the actual earnings of a veteran instead, it is based on the percentage. This means that the higher the rating for a veteran's disability, the more they will receive in compensation. Surviving spouses and children of a disabled veteran who died due to service-related illness or injuries can be eligible for a unique benefit called Dependency Indemnity Compensation (DIC).

There are many misconceptions regarding the impact of veterans' pensions as well as disability payments and other compensations provided by the Department of Veterans Affairs on finances during divorce. These misconceptions can make a divorce even more difficult for veterans and their family members.

Pension

Veterans Disability Pension (VDP) is an income tax-free benefit given to veterans with disabilities that were caused or worsened by their military service. The benefit is also available to spouses who have survived as well as children who have dependents. Congress sets the pension rate according to disability level, degree of disability, and dependents. The VA has regulations that govern the method of calculating assets to determine eligibility for pension benefits. The VA will take into account the veteran's home, vehicle and personal belongings. However the remaining non-exempt assets of the veteran must not exceed $80.000 to demonstrate financial need.

A common misconception is that the courts could garnish VA disability payments to fulfill court-ordered child and support obligations for spouses. It is important to realize that this is not true.

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

This is not the case for CRSC and TDSC These programs were specifically created to provide a higher amount of income to disabled veterans disability law firms. It is also important to keep in mind that the settlement of a personal injury claim for a veteran could limit their eligibility for aid and attendance.

SSI

veterans disability lawyers who have an ongoing disability and have no income may be eligible for Supplemental Security Intake (SSI). This is needs based program. One must have a low income and assets to be eligible for SSI. Certain people are also eligible for a monthly pension payment from the VA. The amount is contingent on the length of their service and wartime period as well as disability rating.

The majority of veterans disability law firms aren't eligible for both a Pension and Compensation benefit at the same time. If a person gets an amount for disability and pension benefits from the VA the VA will not pay a Supplemental Social Security income benefit.

The VA must submit to the Social Security Administration your monthly military retirement, CRDP, or CRSC. This is almost always a cause for an increase in your SSI benefit. SSA can also make use of the VA waiver of benefits to determine your SSI income.

If a veteran is required to pay for support in an order from a judge and the court is able to go directly to VA to garnish the military retirement. This is a possibility in divorce situations where the retiree is required to waive their military retired pay in exchange for VA disability benefits. The U.S. Supreme Court ruled recently in the case Howell that such a procedure was in violation of federal laws.

Medicaid

A veteran who has a service-connected disability may qualify for Medicare and Medicaid benefits. He must prove he has met the five-year look-back period. The applicant must also submit documents to prove his citizenship. He is not able to transfer his assets without a fair market value, but he is able to keep one vehicle and his primary residence. He can keep up to $1500 in cash or the face amount of a life-insurance policy.

In divorce, the judge could decide that the veteran's VA disability payments can be considered income in the context of calculation of post-divorce child custody and maintenance. This is due to numerous court rulings that have confirmed the right of family courts to use these payments as income for support calculations. These include decisions from Florida, Mississippi (Steiner v. Steiner), Wisconsin (In Re the marriage of Wojcik) and other states.

The VA disability compensation is determined by the severity of the condition. It is calculated based on a schedule that rates the severity of the condition. It can range between 10 percent and 100 percent. Higher ratings will yield more money. It is also possible for a veteran to receive additional compensation for aid and attendance expenses, or monthly payments, which are not based upon a schedule but on the severity of the disability.