What You Need to Know About Veterans Disability Settlement

The VA program pays compensation for disability based on loss of earning capacity. This program is distinct from the workers' compensation programs.

Jim received a lump sum settlement of $100,000. The VA will annualize the lump sum for a year. This will be offset by his Pension benefit. He is only eligible to apply again after the annualized amount has been paid to him.

Compensation

Veterans and their families could be eligible for compensation from the government for injuries sustained while serving in military. These benefits could be the form of a disability or pension. There are some important points to be aware of when you are considering the possibility of a personal injury lawsuit or settlement for a disabled veteran.

For instance when disabled veterans receive an award in their case against an at-fault person who caused their injuries and also has a VA disability compensation claim, the amount of the settlement or healthndream.com jury award may be withdrawn from their VA payments. This kind of garnishment comes with certain restrictions. First you must file a court petition to be filed for the apportionment. Then, only a fraction, usually between 20 and 50% of the monthly pay may be garnished.

It is also important to remember that compensation is based not on the actual earnings of a veteran, however, on the percentage. The higher a veteran's disability score, the more compensation they'll receive. Family members of survivors of a disabled veteran who passed away due to service-related illness or injuries are eligible for a special benefit known as Dependency Insurance Compensation (DIC).

There are many myths regarding the impact of veterans' pensions, disability payments and other compensations offered by the Department of Veterans Affairs on money issues in divorce. These misconceptions can cause a difficult divorce even more difficult for veterans and their families.

Pensions

Veterans Disability Pension (VDP) is a tax free monetary benefit for veterans with disabilities that were incurred or aggravated during their military service. The benefit is also available to spouses who have survived as well as children who have dependents. Congress sets the pension rate according to the severity of disability and dependents. The VA has specific rules regarding how assets are analyzed to determine the eligibility of pension benefits. Generally, the veteran's home, personal affects and a vehicle are not considered, and the remaining assets that are non-exempt for the veteran must be less than $80,000 to show financial need.

It is a common misconception that the courts are able to garnish VA disability payments to pay court-ordered child support or obligations to maintain spousal support. It is vital to know that this is not the case.

The courts can only take away a veteran's pension if they have waived their military retirement pay in order to obtain an amount of compensation for an impairment. 38 U.S.C. Section SS5301 (a) is the law that governs this.

This is not the case with CRSC and TDSC since these programs were specifically designed to provide a better level of income for disabled veterans. It is important to keep in mind, too, that a veteran's personal injury settlement could reduce 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 is a need-based program. SSI is only available to those with a low income and assets. Some people might also be eligible for a VA monthly pension. The amount is determined by length of service, wartime time and disability rating.

Most veterans do not qualify to receive both Compensation and Pension benefits simultaneously. If a person has an existing pension and is receiving a disability payment from the VA and is eligible for a disability payment, the VA will not pay a Supplemental Security Income benefit to that person.

The VA is required to submit 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 based on the VA waiver benefits.

If a judge orders an individual veteran to pay support as ordered by the court and the court has the authority to go directly to the VA and have the military retirement funds seized for that purpose. This can occur in divorce proceedings when the retiree is required to waive his retirement benefits to receive 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 who has a service-connected disability may qualify for Medicare and Medicaid benefits. He must prove that he met the five-year look-back period. Also, he must provide documentation to prove his citizenship status. He is not able to transfer his assets without a fair value, however, he is allowed to keep one car and his primary residence. He is allowed to keep up to $1500 in cash or the face value of a life-insurance policy.

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

The VA disability compensation is based on the severity of the condition. It is calculated based on a formula that assesses the severity of the condition. It can range between 10 percent to 100 percent. Higher ratings will result in more money. It is also possible for georgetown veterans disability attorney to receive additional compensation for Vimeo.com attendance and aid expenses, or for special monthly compensation that is not based on a schedule but upon the degree of the disability.