What You Need to Know About Veterans Disability Settlement

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

Jim received a lump sum settlement. The VA will annually increase the lump sum over one year. This will offset his Pension benefit. He will only be able to apply for a new pension benefit once the annualized amount has been returned to him.

Compensation

Veterans and their families could be eligible for compensation from the government for injuries sustained during their military. These benefits could be an income from a pension or disability. There are a few important things to keep in mind when you are considering a personal injury lawsuit or settlement for disabled Veterans Disability Law Firms.

For instance when a disabled veteran receives an award in their legal case against the at-fault party who caused the damage and they also have a VA disability compensation claim and the amount of the settlement or jury award may be withdrawn from VA payments. However, there are certain restrictions on this type of garnishment. First the court must have submitted a petition to apportionment of the disability pay. Then only a portion of between 20% and 50 percent, of the monthly compensation could be garnished.

Another thing to keep in mind is that the compensation is based on a percentage of the disability of a veteran and not on actual earnings from working. This means that the higher a veteran's disability rating is, the more they be compensated. The children and spouses of a disabled veteran who died of a service-related illness injuries are eligible for a particular benefit known as Dependency Insurance Compensation (DIC).

There are a lot of misconceptions about the impact of veterans' pension benefits as well as disability payments and other compensations from the Department of Veterans Affairs on the financial aspects of divorce. These misconceptions can make divorce even more difficult for veterans disability attorneys and their families.

Pensions

Veterans Disability Pension is a tax-free financial benefit that is granted to veterans who have disabilities that they suffered or aggravated through military service. It is also available to surviving spouses and dependent children. The pension rates are set by Congress and based on the amount of disability, the degree of disability, and if there are dependents. The VA has specific regulations regarding how assets are analyzed to determine eligibility for the pension benefit. The VA will disregard the veteran's vehicle, home and personal belongings. However, the remaining assets that are not exempted by the veteran must not exceed $80.000 to demonstrate financial need.

It is widely believed that the courts are able to garnish VA disability benefits to meet court-ordered child support or obligations to maintain spousal support. It is important to know that this is not true.

The courts are only able to garnish the pension of a veteran if they have waived their military retirement pay to be compensated for disability. The statute that governs this is 38 U.S.C SS5301(a).

It is important to know that this is not applicable to CRSC or TDSC pay, as these programs are specifically designed to provide a higher amount of income for veterans disability law Firms disabled veterans. It is also important to keep in mind that a veteran's personal injury settlement could limit their eligibility for aid and attendance.

SSI

Veterans who have an irreparable disability and who have no income might be eligible for Supplemental Security Intake (SSI). This is a needs-based program. SSI is only available to those with low incomes and assets. Some people may also be eligible for the VA monthly pension. The amount they receive is contingent upon the length of their service and wartime period, as well as a disability rating.

Most veterans are not eligible 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 provide a Supplemental Security income benefit.

The VA is required to provide your monthly military retirement, CRDP or CRSC to the Social Security Administration (SSA). This is almost always a cause for veterans disability law firms an increase in your SSI benefit. The SSA can also calculate your SSI earnings using VA waiver benefits.

If a veteran is required to pay support by an order of a court the court may send the order directly to VA to levy the retirement benefits of the military. This can happen in divorce cases where the retiree waives their military retired benefits in exchange for their VA disability benefits. The U.S. Supreme Court ruled recently in the case of Howell that this practice violated federal laws.

Medicaid

A veteran with a service-connected disability may qualify for Medicare and Medicaid benefits. He must prove that he fulfilled the five-year lookback period. Also, he must provide documentation to prove his citizenship status. He cannot transfer assets without the fair market value, but he can still keep his primary residence and one vehicle. He is allowed to keep up to $1500 in cash or the face amount of a life insurance policy.

In divorce proceedings, the judge may decide that the veteran's VA disability payments can be considered to be income for purposes of calculation of post-divorce child custody and maintenance. The reason is that numerous court decisions 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 Marriage of Wojcik).

The VA disability compensation is based on the severity of the condition. It is based on a schedule which ranks the severity of the condition. It can vary from 10 percent to 100 percent with higher ratings earning the most money. Veterans may be eligible for additional compensation to cover attendance and aid expenses, or a specialized monthly payment, which is based not on a calendar however, but on the severity of their disability.