12 Facts About Veterans Disability Compensation To Make You Seek Out Other People

What You Need to Know About Veterans Disability Settlement

The VA program provides compensation for disability based on the loss of earning capacity. This program is distinct from workers' compensation programs.

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

Compensation

Veterans and their families may be eligible for compensation from the government for injuries they sustained during their military. These benefits can be in the form of a disability or pension payment. There are a few important points to be aware of when you are considering a personal injury lawsuit, or settlement for disabled veterans.

For example when disabled veterans receive an award in their case against an at-fault party who caused the damage and they also have a VA disability compensation claim and the amount of the settlement or jury verdict can be withdrawn from VA payments. However, there are some limitations on this type of garnishment. First an application to the court must be filed for the apportionment. Then, only a portion of the monthly income can be garnished, usually between 20 and 50%.

Another thing to keep in mind is that the compensation is dependent on a percentage of a veteran's disabilities and not on actual earnings from an employment. The higher a veteran's disability rating, the more compensation they will receive. The spouses and dependent children of a deceased veteran from injury or illness related to service are eligible for a particular payment called Dependency Indemnity Compensation.

There are a myriad of misconceptions regarding the impact of veterans' pensions, disability payments and other compensations from the Department of veterans disability lawyer Affairs on money issues during divorce. These misconceptions can make a divorce even more difficult for veterans and their families.

Pension

Veterans Disability Pension is a tax-free benefit that is granted to veterans suffering from disabilities that were incurred or worsened during military service. The benefit is also available to spouses who survived and children with dependents. Congress determines the rate of pension according to disability level, degree of disability, and dependents. The VA has specific regulations on how assets are evaluated to determine eligibility for the pension benefit. Generally speaking, the veteran's residence or personal effects as well as a vehicle are excluded, whereas the remaining assets that are non-exempt for the veteran must be less than $80,000 in order to prove financial need.

A common misconception is that the courts can garnish VA disability payments in order to fulfill court-ordered child or spouse support obligations. It is important to realize that this isn't the case.

The courts are only able to garnish a veteran's pension if they have waived their military retired pay in order to get the compensation they deserve for an impairment. 38 U.S.C. (a) SS5301 (a) is the law that governs this.

This is not the case with CRSC and TDSC, as these programs were specifically designed to provide a higher level of income for disabled veterans. It is also important to keep in mind that a veteran's personal injury settlement may reduce their eligibility for Aid and Attendance.

SSI

Veterans who have an irreparable disability and who have no income might be eligible for Supplemental Security Intake (SSI). This is a needs-based program. A person must have a low income and assets to be eligible for SSI. Some people may also be eligible for the VA monthly pension. The amount is determined based on the length of service, wartime duration and disability rating.

Most veterans disability lawyer aren't eligible for both pension and compensation benefits simultaneously. If a person has an existing pension and is receiving disability payments from the VA, the VA will not pay the Supplemental Security Income benefit to that person.

The VA must report to the Social Security Administration your monthly military retirement, CRDP, or CRSC. This almost always causes an increase in your SSI benefit. SSA may also benefit from the VA waiver of benefits to determine your SSI income.

If a judge directs the veteran to pay court-ordered support, the court can go directly to the VA and Veterans disability request that the military retirement funds seized for that reason. This can happen in divorce cases if the retired person waives his military retirement pay in exchange for VA disability payments. The U.S. Supreme Court ruled in the recent case Howell that this procedure was in violation of federal laws.

Medicaid

A veteran suffering from a service-connected disability may qualify for Medicare and Medicaid benefits. He must prove he has fulfilled the five-year lookback period. He must also provide documents to prove his citizenship status. He is not able to transfer assets without the fair market value, however, Veterans Disability he can keep his primary residence and one vehicle. He is able to keep up $1500 in cash or the face amount of a life-insurance policy.

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

The VA disability payment is based on the severity of the condition. It is calculated based on a schedule that ranks the severity the condition. It could vary from 10 percent to 100 percent with higher ratings earning the highest amount of money. It is also possible for a veteran to receive additional compensation for attendance and aid expenses, or monthly compensation that is not based on a specific schedule but on the degree of the disability.