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

What You Need to Know About Veterans Disability Settlement

The VA program compensates for disability due to loss of earning ability. This system differs from the workers' comp programs.

Jim received a lump-sum settlement of $100,000. The VA will annually adjust the lump sum for a year. This will decrease his Pension benefit. He is only able to apply after the annualized amount has been paid to him.

Compensation

Veterans and their families could be entitled to compensation from the government for injuries they suffered during their military service. These benefits can be in the form of a disability or pension payment. If you are considering a personal injury lawsuit or settlement on behalf of a disabled veteran, there are a few important points to keep in mind.

If a veteran with disability is awarded a settlement or a jury award against the party at fault for their injuries and also has an VA disability claim and is awarded a settlement or award, the amount of the settlement or award can be garnished from the VA payments. This kind of garnishment comes with certain limitations. First the court petition must be filed to apportion the funds. Then, only a portion of the monthly pay can be garnished, usually between 20-50%.

Another thing to consider is that the compensation is based on a percentage of a veteran's disabilities and not on actual earnings earned from an employment. The higher the veteran's disability rating, the greater money they'll get. Children and spouses of disabled veterans who have died of service connected illness or injuries are eligible for a special benefit known as Dependency Insurance Compensation (DIC).

There are a myriad of misconceptions regarding the impact of veterans disability lawsuits' pension benefits as well as disability payments and other compensations provided by the Department of veterans disability attorneys Affairs on the financial aspects of divorce. These misconceptions can make a difficult divorce even more difficult for veterans and their family members.

Pension

Veterans Disability Pension is a tax-free financial benefit that provides veterans who have disabilities that they suffered or aggravated through military service. It is also available to survivors of spouses and dependent children. Congress sets the pension rate, which is based on the level of disability, the degree of disability and dependents. The VA has specific regulations regarding how assets are calculated to determine the eligibility criteria for the Pension benefit. The VA will not consider the veteran's vehicle, home and personal belongings. However the remaining non-exempt assets of the veteran must not exceed $80.000 to show financial need.

It is a common misconception that the courts can garnish VA disability payments to satisfy court-ordered child support or maintenance obligations for spouses. It is important to know that this is not true.

The courts can only take away a veteran's pension if they have waived their military retired 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 designed to provide a higher amount of income to disabled veterans. It is important to keep in mind, too, that a veteran's personal injury settlement could affect their eligibility for aid and attendance.

SSI

Veterans with a permanent disability but have no income might be eligible for Supplemental Security Intake (SSI). This is a need-based program. SSI is only available to people with a low income and assets. Some people may also be eligible for the VA monthly pension. The amount is determined by length of service, wartime time and disability rating.

Most veterans are not eligible for both a Pension and Compensation benefit simultaneously. If a person is eligible for an amount for disability and a pension from the VA but it does not pay a Supplemental Security income benefit.

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

If a judge directs that a veteran pay support as ordered by the court and the court has the authority to go directly to the VA and have the military retirement garnished for that reason. This is a possibility in divorce cases where the retiree has to give up their military retired pay 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 service-connected disability may qualify for Medicare and Medicaid benefits. He must prove that he's in the look-back period of five years. Also, he must present documents that demonstrate his citizenship. He is not able to transfer his assets without a fair price, however, he can keep one vehicle and his primary residence. He can also keep up to $1500 cash or the face value of an insurance policy that covers life.

In divorce the judge can decide that the veteran's VA disability payments can be considered income for the purposes of the calculation of post-divorce child support and maintenance. The reason is that several court cases have confirmed the legality of family courts to make use of 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 based on an index that rates the severity of the condition. It can vary from 10 percent to 100 percent and higher ratings bringing the highest amount. Veterans may be eligible for additional compensation to cover aid and attendance expenses, or a specialized monthly payment, which is not based on a specific schedule, but rather the severity of their disability.