What You Need to Know About Veterans Disability Settlement

The VA program provides compensation for disability based upon loss of earning capacity. This program is distinct from workers' compensation programs.

Jim received a lump sum settlement. The VA will annualize the lump sum for one year. This will offset his Pension benefit. He will not be able to apply for a new pension benefit after the annualized amount has been returned to him.

Compensation

veterans Disability law Firms and their families may be entitled to compensation by the government for injuries they sustained during their military. These benefits can be either the form of disability or pension. There are a few essential aspects to consider when considering a personal injury lawsuit or settlement for a disabled veteran.

For instance when the disabled veteran receives an award in their legal case against the at-fault party that damages them and also has a VA disability compensation claim and the amount of the settlement or jury verdict can be withdrawn from VA payments. This type of garnishment is subject to certain restrictions. First an application to the court must be filed for the apportionment. Then only a portion of between 20% and 50% of the monthly pay can be garnished.

It is also important to note that compensation is not based on the actual earnings of a veteran but on an amount. The higher a veteran's disability rating the more compensation they will receive. The dependent children and spouses of a deceased veteran from service-related illness or injury are eligible for a special payment called Dependency Indemnity Compensation.

There are many misconceptions regarding the impact of veterans' pension benefits or disability payments, as well as other compensations offered by the Department of veterans disability attorney Affairs on money issues during divorce. These myths can make divorce more difficult for veterans and their families.

Pension

Veterans Disability Pension (VDP) is a tax free monetary benefit for veterans who have disabilities that developed or worsened by their military service. The benefit is also accessible to spouses who have survived as well as children who have dependents. The pension rate is determined by Congress and veterans disability law firms is based on amount of disability, the extent of disability, and whether there are dependents. The VA has specific rules on how assets are calculated to determine the eligibility criteria for the Pension benefit. Generally, the veteran's house personal effects, personal belongings and a vehicle are disregarded, while the remaining assets of the veteran that are not exempt must be less than $80,000 in order to prove financial need.

It is widely believed that the courts can garnish VA disability payments to meet court-ordered child support or obligations to maintain spousal support. However, it's important to realize that this isn't the case.

The courts can only take away the pensions of veterans if they have waived their military retirement pay in order to get compensation for disability. 38 U.S.C. Section SS5301 (a) is the law that governs this.

This is not the case for CRSC and TDSC since these programs were specifically designed to provide a greater level of income for disabled veterans. It is also important to know that any personal injury settlement for veterans may reduce their eligibility for aid and attendance.

SSI

If a veteran is not earning earned income and suffers from an ongoing disability or permanent disability, they could be eligible for Supplemental Security Income (SSI). This program is based upon need. SSI is only available to those with a low income and assets. Some people can also receive a monthly pension benefit from the VA. The amount is determined by the length of service, the wartime period and veterans disability law firms disability rating.

Most veterans are not qualified to receive both a Pension and Compensation benefit at the same time. If a person receives an income from disability and a pension from the VA but it does not pay a Supplemental Security income benefit.

The VA must report to the Social Security Administration your monthly military retirement, CRDP, or CRSC. This will nearly always increase your SSI benefit. The SSA can also determine your SSI income using VA waiver benefits.

If a judge directs a veteran to pay support ordered by the court, the court may go directly to the VA and request that the military retirement slashed for that reason. This is a possibility in divorce proceedings when the retiree is required to waive his military retirement pay in exchange for VA disability payments. The U.S. Supreme Court ruled recently in the case of Howell that such a practice was against federal law.

Medicaid

Veterans with disabilities resulting from their service may be eligible for Medicare and Medicaid. He must prove that he is in the look-back period of five years. Also, he must provide documentation to prove his citizenship status. He is not able to transfer assets without an amount that is fair market value however, he can keep his primary residence and one vehicle. He also has the option of keeping up to $1,500 in cash or the face value of a life insurance policy.

In divorce proceedings the judge could decide that the veteran's VA disability payments may be considered to be income for purposes of calculation of post-divorce child custody and maintenance. This is due to the numerous court decisions that have upheld the rights of family courts to count these payments as income in support calculations. These include decisions from Florida, Mississippi (Steiner v. Steiner), Wisconsin (In Re Wojcik's marriage), and other states.

The VA disability payment is based on the severity of the condition. It is based on a chart that rates the severity of the condition. It can vary between 10 percent to 100 percent. Higher ratings will result in more money. Veterans may also be eligible to receive additional compensation for aid and attendance costs, or a specific monthly payment that is not based on a schedule and not on the extent of their disability.