Why Nobody Cares About Veterans Disability Compensation
What You Need to Know About veterans disability lawsuits Disability Settlement
The VA program pays for disability based upon loss of earning ability. This program is distinct from workers' compensation plans.
Jim received a lump-sum settlement of $100,000. The VA will annualize the lump sum for a year. This will offset his Pension benefit. He is only able to apply after the annualized amount has been returned to him.
Compensation
Veterans and their families could be eligible for compensation from the government for injuries incurred during their military service. These benefits could be the form of disability or pension. There are some important aspects to consider when considering a personal injury suit or settlement for disabled veterans.
For example in the event that disabled veterans receive an award in their case against the at-fault party that damages them and also has an VA disability compensation claim, the amount of the settlement or jury award could be garnished from their VA payments. This type of garnishment comes with certain restrictions. First an application to the court must be filed to apportion the funds. Only a small portion of the monthly compensation can be garnished. Typically, it is between 20 and 50%.
It is also important to note that compensation is not based on the actual earnings of a veteran instead, it is based on the percentage. The higher a veteran's disability rating the more compensation they will receive. Family members of survivors of a disabled veteran who died due to service-related illness or injuries are eligible for a special benefit called Dependency Indemnity Compensation (DIC).
There are many misconceptions about the impact that benefits from veterans' retirement, disability pay and other benefits from the Department of Veterans Affairs have on divorce financial issues. These misconceptions can make a divorce even more difficult for veterans and Veterans Disability Law firms their family members.
Pensions
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 surviving spouses and dependent children. Congress sets the pension rate that is based on the severity of disability and dependents. The VA has specific regulations on how assets are evaluated to determine eligibility for the Pension benefit. Generally, the veteran's home personal effects, personal belongings and a vehicle are excluded, whereas the veteran's remaining non-exempt assets must be less than $80,000 to prove financial need.
There is a common misconception that the courts can garnish VA disability payments in order to accomplish court-ordered child or support obligations for spouses. It is important to realize that this is not true.
The courts can only garnish a veteran's pension if they have waived their military retired pay to be able to claim an amount of compensation for the disability. 38 U.S.C. Section SS5301 (a) is the statute that governs this.
This is not the case for CRSC and TDSC because these programs were specifically created to provide a higher level of income for disabled Veterans Disability Law firms. It is important to remember, too, that a personal injury settlement could reduce their eligibility for aid and attendance.
SSI
Veterans who have a permanent disability but have no income may be eligible for Supplemental Security Intake (SSI). This program is determined by need. The applicant must have a low income and assets to be eligible for SSI. Some individuals can also receive a monthly pension benefit from the VA. The amount they receive is contingent upon their service and wartime period as well as disability rating.
Most veterans are not eligible for a Pension and Compensation benefit at the same time. If a person receives the disability payment as well as pension benefits from the VA, it will not pay a Supplemental Social Security income benefit.
The VA is required to submit your monthly military retirement, CRDP or CRSC to the Social Security Administration (SSA). This is almost always a cause for an increase in your SSI benefit. SSA can also make use of the VA waiver of benefits in order to determine your SSI income.
If a judge orders the veteran to pay court-ordered support the court can send the order directly to the VA and request that the military retirement funds seized for that purpose. This could be the case in divorce situations where the retiree is required to waive their military retirement pay in exchange for their VA disability payments. The U.S. Supreme Court ruled in the recent case Howell that this practice was in violation of federal law.
Medicaid
Veterans who have disabilities related to their service may be eligible for Medicare and Medicaid. He must prove that he meets the look-back period of five years. Additionally, he has to present documents to confirm his citizenship. He is not able to transfer his assets without a fair market value, but he is able to keep one vehicle and his primary residence. He can also keep the cash equivalent of up to $1500 or the face value of the life insurance policy.
In the event of divorce the judge could decide to include the veteran's VA Disability payments as income when making calculations for child support and maintenance after the divorce. The reason is that several court cases have confirmed the right of family courts to make use of these payments to calculate support. These include rulings from Florida (Allen v. Allen), Mississippi (Steiner v. Steiner), and Wisconsin (In Re the marriage of Wojcik).
The amount of VA disability compensation varies based on the severity of the service-connected condition. It is based on a schedule that ranks the severity of the condition. It could vary from 10 percent up to 100 percent and higher scores bringing the highest amount. It is also possible for veterans to receive additional compensation for aid and attendance expenses, or for special monthly compensation that is not based on a calendar but on the degree of the disability.
