What You Need to Know About Veterans Disability Settlement

The VA program pays compensation for disability based upon loss of earning capacity. This system differs from workers' compensation plans.

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

Compensation

Veterans and their families may be entitled to compensation by the government for injuries suffered during their military. These benefits can be either a pension or disability pay. When considering a personal-injury lawsuit or settlement on behalf of a disabled veteran there are a few important points to remember.

If a veteran suffering from an impairment receives a settlement or a jury award against the party who was at fault for their injuries and 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 type of garnishment is subject to certain limitations. First an application to the court must be filed for the apportionment. Then, only a fraction typically between 20% and 50% of the monthly salary may be garnished.

It is also important to remember that compensation is based not on the actual earnings of a veteran instead, it is based on a percentage. This means that the higher the rating for a veteran's disability is, the more they be compensated. Surviving spouses and [empty] children of a disabled veteran who died due to service-related illness or injuries are eligible for a specific benefit known as Dependency Insurance Compensation (DIC).

There are a myriad of misconceptions regarding the impact that the benefits of retirement for veterans, disability pay and other compensation from the Department of Veterans Affairs have on money issues in divorce. These misconceptions can cause divorces to be more difficult for veterans and their families.

Pension

Willmar Veterans Disability Lawyer Disability Pension (VDP) is an income tax-free benefit given to veterans with disabilities that were incurred or aggravated during their service in the military. The benefit is also accessible to spouses who have survived as well as children who have dependents. Congress sets the pension rate, which is based on the level of disability, the degree of disability, and dependents. The VA has regulations that outline how assets are calculated in order to determine eligibility for pension benefits. The VA will not consider the veteran's home, vehicle and personal possessions. However the remaining non-exempt assets of a veteran must not exceed $80.000 to demonstrate financial need.

There is a common misconception that courts can garnish VA disability payments in order to accomplish court-ordered child or spouse support obligations. It is important to realize that this is not the case.

The courts can only take away the pensions of veterans if they have waived their military retirement pay to be compensated for disability. The statute governing this is 38 U.S.C SS5301(a).

It is important to understand that this doesn't apply to CRSC or TDSC pay, as these programs are specifically designed to provide a higher percentage of income for disabled veterans. It is also important to keep in mind that any personal injury settlement for veterans may reduce their eligibility for aid and attendance.

SSI

If a veteran has no income from work and is suffering from a permanent disability and is disabled, they may be eligible for Supplemental Security Income (SSI). This program is based on need. The applicant must have a low income and assets to be eligible for SSI. Some individuals are also eligible for a monthly pension payment from the VA. The amount depends on the duration of their service as well as the wartime period, as well as a disability rating.

The majority of jefferson city veterans disability lawyer aren't qualified for both a pension and Compensation benefit at the same time. If a person receives the disability payment as well as pension benefits from the VA but it does 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 use the VA waiver of benefits to determine your SSI income.

If a judge requires an individual veteran to pay support as ordered by the court the court can send the order directly to the VA and request that the military retirement fund garnished for that reason. This can happen in divorce cases if the retiree waives his retirement benefits to receive VA disability payments. The U.S. Supreme Court recently decided in the case of Howell that this practice violated federal law.

Medicaid

A veteran who has a disability resulting from service can qualify for Medicare and Medicaid benefits. He must show that he is in the look-back period, which is five years. He must also present documents to show his citizenship. He is not able to transfer assets without an appraisal of fair market value, however, he can keep his primary residence and one vehicle. He can keep up $1500 in cash or the face amount of a life insurance policy.

In a divorce the judge can decide that the veteran's VA disability payments may be considered income for purposes of calculating post-divorce child support and maintenance. The reason is that numerous court decisions have confirmed the rights of family courts in using 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 VA disability compensation is determined by the severity of the condition. It is calculated based on an index that rates the severity of the condition. It could vary from 10 percent up to 100 percent with higher ratings earning the highest amount. Veterans may also be eligible for additional compensation to cover aid and attendance expenses or a monthly payment, which is based not on a calendar or a timetable, but rather on the severity of their disability.