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What You Need to Know About Veterans Disability Settlement

The VA program compensates for disability based upon loss of earning ability. This program is distinct from workers’ compensation.

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

Compensation

Veterans and their families may be entitled to compensation from the government for injuries sustained during military service. These benefits can be either the form of a disability or pension. There are some important things to keep in mind when considering a personal injury lawsuit or settlement for disabled veterans.

For example in the event that disabled veterans receive an award in their lawsuit against the at-fault person who caused their injuries and they also have an VA disability compensation claim, the amount of the settlement or jury verdict can be withdrawn from VA payments. However, there are a few limitations on this type of garnishment. First you must file a court petition to be filed to apportion the funds. Only a small portion of the monthly income may be garnished, generally between 20-50 percent.

Another thing to keep in mind is that the compensation is determined by a percentage of the veteran’s disability and not on actual earnings earned from a job. The higher a veteran’s disability rating the more compensation they will receive. Surviving spouses and children of disabled veterans who have died of a service-related illness injuries can be eligible for a unique benefit called Dependency Indemnity Compensation (DIC).

There are a myriad of misconceptions regarding the impact that veterans’ retirement benefits, disability pay and other benefits from the Department of Veterans Affairs have on divorce financial issues. These misconceptions can make a difficult divorce even more difficult for veterans and their families.

Pensions

Veterans Disability Pension is a tax free monetary benefit that pays out to veterans with disabilities that have been incurred or aggravated through military service. It is also available to survivors of spouses and dependent children. Congress determines the pension rate that is based on disability level, degree of disability, and dependents. The VA has specific regulations regarding the way assets are calculated to determine the eligibility of pension benefits. The VA will not take into consideration the veteran’s home, vehicle and personal possessions. However, the remaining non-exempt assets owned by the veteran must be less than $80.000 to prove financial need.

There is a common misconception that the courts could garnish VA disability payments in order to accomplish court-ordered child or spousal support obligations. It is crucial to understand that this is not true.

The courts are only able to take away the pensions of veterans if they have waived their military retired pay to receive compensation for disability. The statute that governs this is 38 U.S.C SS5301(a).

It is important to know that this does not apply to CRSC or TDSC pay, since these programs are specifically designed to provide a higher amount of income to disabled calhoun veterans disability attorney. It is also important to know that any personal injury settlement for veterans could affect their eligibility for aid and attendance.

SSI

Veterans who have a permanent disability but have no income might be eligible for Supplemental Security Intake (SSI). This is a needs-based program. SSI is only available to those with a low income and assets. Some individuals may also be eligible for an VA monthly pension. The amount will depend on their service and war time period as well as disability rating.

Most veterans are not qualified to receive both a Pension and Compensation benefit at the same time. If a person has a pension and is receiving an income from the VA and is eligible for a disability payment, the VA will not pay an income supplement to the person.

The VA is required to provide your monthly military retirement, CRDP or CRSC to the Social Security Administration (SSA). This almost always causes an increase in your SSI benefit. The SSA can also calculate your SSI income using VA waiver benefits.

If a veteran is ordered to pay support by an order from a judge, the court may go directly to VA to garnish the military retirement. This can occur in divorce cases if the retired person waives his retirement benefits to receive VA disability benefits. The U.S. Supreme Court recently declared in the case of Howell that this practice was in violation of federal law.

Medicaid

Veterans with disabilities resulting from their service may be eligible for Medicare and Medicaid. He must prove he has been able to meet the five year look-back period. Additionally, he needs to provide proof to prove his citizenship. He cannot transfer his assets without a fair price, however, he can keep one vehicle and his primary residence. You can also keep the cash equivalent of up to $1500 or the face value of an insurance policy that covers life.

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

The amount of the VA disability compensation is contingent upon the severity of the service-connected illness. It is based on a schedule that rates the severity of the condition. It can vary between 10 percent and 100 percent. Higher ratings will bring more money. It is also possible for hope veterans disability law firm to receive additional compensation for aid and attendance expenses, or a special monthly compensation that is not based on a specific schedule but upon the severity of the disability.