What You Need to Know About Veterans Disability Settlement

The VA program compensates disabled people by calculating the loss of earning capacity. This system differs from workers' compensation plans.

Jim received a lump-sum settlement of $100,000. The VA will annualize the lump sum for Veterans Disability a year. This will decrease his Pension benefit. He is only able to apply after the annualized amount has been paid to him.

Compensation

Veterans and their families could be entitled to compensation from the government for injuries incurred during their military service. These benefits could be the form of a disability or pension. If you are considering a personal injury lawsuit or settlement on behalf of a disabled veteran there are some important aspects to be aware of.

If a veteran who has disability is awarded an award or settlement against the party 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 could be taken out of their VA payments. This type of garnishment comes with certain restrictions. First an application to the court must be filed to apportion the funds. Then only a portion that is usually between 20% and 50% of the monthly salary could be garnished.

It is also important to note that compensation is based not on the actual earnings of a veteran, but rather on a percentage. The higher a veteran's disability rating, the more compensation they will receive. The children and spouses of disabled veterans who have died due to service-related illness or injuries are eligible for a particular benefit known as Dependency Insurance Compensation (DIC).

There are many misconceptions about the impact that benefits from veterans' retirement as well as disability payments and other benefits from the Department of veterans disability attorneys Affairs have on money issues in divorce. These misconceptions can make a divorce even more difficult for veterans disability lawyer and their family members.

Pension

Veterans Disability Pension is a tax-free monetary benefit that provides veterans who have disabilities that they suffered or aggravated through military service. It is also available to the surviving spouses and dependent children. Congress determines the pension rate, which is based on disability level, severity of disability, and dependents. The VA has specific rules regarding how assets are evaluated to determine the eligibility criteria for the Pension benefit. The VA will not consider the veteran's vehicle, home and personal effects. However the remaining non-exempt assets of a veteran must not exceed $80.000 to show financial need.

It is common knowledge that courts are able to garnish VA disability payments to pay court-ordered child support or obligations to maintain spousal support. It is crucial to understand that this isn't the case.

The courts can only garnish the pension of a veteran if they have waived their military retirement pay to obtain compensation for disability. 38 U.S.C. SS5301 (a) is the law that governs this.

This does not apply to CRSC and TDSC because these programs were specifically created to provide a higher amount of income to disabled veterans. It is also important to know that the settlement of a personal injury claim for a veteran could affect their eligibility for Aid and Attendance.

SSI

Veterans with a permanent disability and no income may be eligible for Supplemental Security Intake (SSI). This is a program based on need. A person must have low income and assets to be eligible for SSI. Some individuals can also receive pension benefits that are paid monthly by the VA. The amount will depend on their service and war time period as well as disability rating.

Most veterans aren't eligible for both pension and compensation benefits simultaneously. If a person gets the disability payment as well as a pension from the VA however, it won't provide a Supplemental Security income benefit.

The VA must submit to the Social Security Administration your monthly military retirement, CRDP, or CRSC. This is almost always a cause for an increase in your SSI benefit. SSA may also benefit from the VA waiver of benefits in order to determine your SSI income.

If a veteran is ordered to pay support pursuant to an order of a court, the court may go directly to VA to garnish the retirement benefits of the military. This could be the case in divorce proceedings when the retiree has to give up his military retired pay for VA disability benefits. The U.S. Supreme Court ruled recently in the case Howell that this practice was against federal law.

Medicaid

Veterans who have disabilities related to their service could be eligible for Medicare and Medicaid. He must prove that he fulfilled the five-year lookback period. The applicant must also provide documents that prove his citizenship. He cannot 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 an insurance policy that covers life.

In divorce proceedings, the judge could decide that the veteran's VA disability payments can be considered income for the purposes of calculation of post-divorce child custody and maintenance. This is because of the 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, Mississippi (Steiner v. Steiner), Wisconsin (In the case of the marriage of Wojcik) and other states.

The amount of the VA disability benefits is contingent on the degree of the condition that is service-connected. It is determined by an index that evaluates the severity of the condition. It can range between 10 percent and 100 percent. More favorable ratings will earn more money. It is also possible for a veteran to receive additional compensation for attendance and aid expenses, or monthly compensation, which is not based on a specific schedule but on the degree of the disability.