What You Need to Know About Veterans Disability Settlement

The VA program compensates disabled persons based upon loss of earning ability. This system is different from workers' compensation.

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 able to reapply for his Pension benefit after the annualized amount is returned to him.

Compensation

Veterans and their families could be eligible for compensation from the government for injuries suffered while serving in the military. These benefits can be the form of a disability or pension. There are some important aspects to consider when considering a personal injury lawsuit or settlement for disabled veterans.

If a veteran suffering from a disability receives a settlement or a jury award against the party who was at fault for their injuries, and also has a VA disability claim and is awarded a settlement or award, the amount of that settlement or award may be garnished off the VA payments. This type of garnishment comes with certain restrictions. First the court must have submitted a petition to apportionment of the disability compensation. Then only a certain percentage typically between 20 and 50 percent, of the monthly compensation can be garnished.

Another thing to keep in mind is that the compensation is calculated based on a percentage the disability of a veteran and not on the actual earnings earned from working. This means that the higher a veteran's disability score, the more they will be compensated. Surviving spouses and children of disabled veterans who have died of service connected illness or injuries are eligible for a particular benefit known as Dependency Indemnity Compensation (DIC).

There are many misconceptions about the effect that benefits from veterans' retirement or disability compensation and other benefits from the Department of Veterans Affairs have on divorce money issues. These misconceptions can make a difficult divorce even more difficult for veterans and their family members.

Pensions

Veterans Disability Pension (VDP) is an income tax-free benefit paid to veterans who have disabilities that were caused or worsened during their military service. The benefit is also available to spouses who survived as well as children who have dependents. The pension rate is established by Congress and is based on amount of disability, the extent of disability, Montgomery Veterans disability Lawyer and if there are dependents. The VA has regulations that govern the method of calculating assets in order to determine eligibility for pension benefits. The VA will not take into consideration the veteran's home, vehicle and personal possessions. However the remaining non-exempt assets of a veteran must be less than $80.000 to demonstrate financial need.

There is a common misconception that courts can garnish VA disability payments in order to meet court-ordered child or support obligations for spouses. But, it is crucial to understand that this is not the case.

The courts are only able to garnish the pension of a veteran when they have waived their military retirement pay to receive compensation for 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 a higher amount of income for disabled Tahlequah Veterans disability lawsuit. It is also important to know that an individual's personal injury settlement could limit their eligibility for Aid and Attendance.

SSI

Veterans with an irreparable disability and who have no income may be eligible for Supplemental Security Intake (SSI). This program is determined by need. SSI is only available to those with low incomes and assets. Some are also eligible for a monthly pension payment from the VA. The amount is determined by duration of service, wartime duration and disability rating.

The majority of whitehall veterans disability lawsuit aren't eligible for both a Pension and Compensation benefit simultaneously. If a person has an income pension and receives an income from the VA then the VA will not pay an additional Supplemental Security Income benefit to the person.

The VA is required to report your monthly military retirement, CRDP or CRSC to the Social Security Administration (SSA). This will almost always increase your SSI benefit. SSA can also use the VA waiver of benefits in order to determine your SSI income.

If a judge requires that a veteran pay court-ordered support, the court may go directly to the VA and have the military retirement funds seized to pay for this purpose. This is a possibility in divorce cases when the retiree waives his military retirement pay in exchange for VA disability benefits. The U.S. Supreme Court recently decided in the case of Howell that this practice was in violation of federal law.

Medicaid

A veteran with an impairment that is connected to service may be eligible for Medicare and Medicaid benefits. He must prove that he been able to meet the five year look-back period. He must also provide documents to prove his citizenship. He cannot transfer assets without the fair market value, however, he is able to 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 divorce the judge could decide that the veteran's VA disability payments can be considered to be income for purposes of calculating post-divorce child support and maintenance. The reason is that a number of court cases have confirmed the right 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 Marriage of Wojcik).

The VA disability compensation is determined by the severity of the condition. It is calculated based on an index that evaluates 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 for additional compensation for aid and attendance expenses or a monthly payment, which is based not on a schedule however, but on the severity of their disability.