How To Get More Value From Your Veterans Disability Compensation

What You Need to Know About Veterans Disability Settlement

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

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

Compensation

veterans disability law firms - a cool way to improve, and their families may be eligible for compensation from the government for injuries suffered during military. These benefits may be in the form of a disability or pension payment. There are a few essential things to keep in mind when considering a personal injury suit or settlement for disabled veterans.

If a veteran suffering from an impairment receives an award or settlement against the person who is at fault for their injuries, and also has an VA disability claim, then the amount of the settlement or award can be taken out of the VA payments. However, there are some limitations to this type of garnishment. First the court must have submitted a petition to apportionment of the disability pay. Only a small portion, usually between 20 and 50 percent, of the monthly compensation may be garnished.

Another thing to remember is that the compensation is calculated based on a percentage the veteran's disability and not on actual earnings from working. This means that the greater the disability rating of a veteran, the more they will receive in compensation. The children and spouses of a disabled veteran who passed away of service connected illness or injuries are eligible for a special benefit called Dependency Indemnity Compensation (DIC).

There are a lot of misconceptions about the impact that veterans disability lawsuits' retirement benefits along with disability pay and other compensations from the Department of Veterans Affairs have on divorce financial issues. These myths can make divorce even more difficult for veterans and their families.

Pension

Veterans Disability Pension (VDP) is an income tax-free monetary benefit paid to veterans who have disabilities that were caused or worsened by their military service. The benefit is also available to spouses who survived as well as children who have dependents. Congress determines the rate of pension and it is determined by disability level, severity of disability, and dependents. The VA has specific regulations regarding how assets are evaluated to determine eligibility for the Pension benefit. The VA will take into account the veteran's home, vehicle and personal effects. However, the remaining non-exempt assets owned by the veteran must be less than $80.000 to prove financial need.

It is common knowledge that courts can garnish VA disability payments to pay court-ordered child support or spousal maintenance obligations. It is crucial to understand that this isn't the case.

The courts are only able to take away a veteran's pension if they have renounced their military retirement pay in order to receive the benefits of the disability. The law that governs this is 38 U.S.C SS5301(a).

It is important to note that this is not applicable to CRSC or TDSC pay, since these programs are specifically designed to provide higher levels of income to disabled veterans. It is important to know, too, that a personal injury settlement may reduce their eligibility for aid and attendance.

SSI

If a veteran has no earned income and has permanent disabilities, they may qualify for Supplemental Security Income (SSI). This is a program based on need. SSI is only available to those who have low incomes and assets. Certain people could also be eligible to receive an VA monthly pension. The amount is determined by duration of service, wartime period and disability rating.

Most veterans are not qualified to receive both a Pension and Compensation benefit simultaneously. If a person is a recipient of pension benefits and is receiving disability benefits from the VA then the VA will not pay an additional Supplemental Security Income benefit to that person.

The VA must submit to the Social Security Administration your monthly military retirement, CRDP, or CRSC. This will almost always increase your SSI benefit. SSA can also take advantage of the VA waiver of benefits to calculate your SSI income.

If a judge directs that a veteran pay court-ordered support, the court may go directly to the VA and request that the military retirement fund garnished for that purpose. This could be the case in divorce cases where the retiree has to give up their retirement benefits as a military retiree in exchange for 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 who has a disability that is related to service could be eligible for Medicare and Medicaid benefits. He must show that he is in the look-back period of five years. Additionally, he needs to provide proof to prove his citizenship. He cannot transfer assets without an amount that is fair market value however, he can keep his primary residence and a vehicle. He can also keep up to $1,500 in cash or the face value of an insurance policy that covers life.

In divorce proceedings the judge can decide that the veteran's VA disability benefits can be considered income for the purposes of the calculation of post-divorce child support and maintenance. The reason for this is that numerous court decisions have confirmed the right of family courts in using these payments to calculate support. These include decisions from Florida (Allen v. Allen), Mississippi (Steiner v. Steiner), and Wisconsin (In re the marriage of Wojcik).

The VA disability payment is based on the severity of the condition. It is calculated based on an index that ranks the severity of the condition. It could range from 10 percent to 100 percent. Higher ratings will result in more money. Veterans could also be eligible to receive additional compensation to cover attendance and aid expenses or a monthly payment that is not based on a schedule, but rather the severity of their disability.