20 Fun Facts About Veterans Disability Compensation

What You Need to Know About Veterans Disability Settlement

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

Jim received a lump sum settlement of $100,000. The VA will annually increase the lump sum over one year. This will decrease 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 entitled to compensation by the government for injuries they sustained while serving in the military. These benefits could be in the form of a pension or disability payment. If you are considering a personal injury lawsuit or settlement on behalf of a disabled veteran there are some important aspects to remember.

For instance If disabled veterans disability settlement receive an award in their legal case against the at-fault party, which causes them harm, and also has a VA disability compensation claim, the amount of the settlement or jury award can be withdrawn from their VA payments. This kind of garnishment comes with some restrictions. First, the court must have submitted a petition to apportionment of the disability compensation. Only a small portion, usually between 20 and 50 percent of the monthly amount may be garnished.

It is also important to know that compensation is not based on the actual earnings of a veteran, but on a percentage. This means that the greater the disability rating of a veteran is, the more they receive in compensation. Family members of survivors of a disabled veteran who died from service-related illness or injuries are eligible for a particular benefit known as Dependency Indemnity Compensation (DIC).

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

Pension

Veterans Disability Pension (VDP) is an income tax-free benefit given to veterans disability lawsuit with disabilities that developed or worsened during their service in the military. It is also available to the surviving spouses and dependent children. Congress determines the pension amount, which is based on the severity of disability, and dependents. The VA has regulations that outline the method of calculating assets in order to determine eligibility for pension benefits. Generally speaking, the veteran's residence 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.

It is widely believed that the courts can garnish VA disability payments to pay court-ordered child support or obligations to maintain spousal support. But, it is crucial to recognize that this isn't the case.

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

This does not apply to CRSC and TDSC, as these programs were specifically designed to provide a better amount of income to disabled veterans. It is also important to keep in mind that an individual's personal injury settlement may reduce their eligibility for Aid and Attendance.

SSI

Veterans with a permanent disability and no income might be eligible for Supplemental Security Intake (SSI). This program is based on the need. SSI is only available to those with low incomes and assets. Some people may also be eligible to receive a VA monthly pension. The amount will depend on their service and war time period as well as their disability rating.

Most veterans disability case are not qualified to receive both a Pension and Veterans Disability Settlement Compensation benefit simultaneously. If a person gets a disability payment and a pension from the VA but it does not pay them a Supplemental Security income benefit.

The VA has to report 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 to calculate your SSI income.

If a veteran is required to pay for support in a court order the court may send the order directly to VA to levy the military retirement. This is a possibility in divorce cases when the retired person waives his retirement benefits from the military to pay VA disability payments. The U.S. Supreme Court ruled recently in the case Howell that this practice violated federal laws.

Medicaid

veterans disability attorney who have disabilities related to their service might be eligible for Medicare and Medicaid. He must prove he has been able to meet the five year look-back period. He must also provide documents to prove his citizenship. He is not able to transfer assets without an appraisal of fair market value, however, he can keep his primary residence and one vehicle. You can also keep up to $1,500 in cash or the face value of the life insurance policy.

In the event of divorce the judge could decide to treat the veteran's VA Disability payments as income when calculating child support and maintenance following the divorce. This is due to numerous court decisions that have upheld the right of family courts to consider these payments as income in support calculations. These include decisions from Florida (Allen v. Allen), Mississippi (Steiner v. Steiner), and Wisconsin (In Re the marriage of Wojcik).

The amount of VA disability compensation is contingent upon the severity of the condition that is service-connected. It is based on an index that evaluates the severity of the condition. It can range between 10 percent and 100 percent. Higher ratings will result in more money. Veterans may also be eligible to receive additional compensation to cover attendance and aid costs or a special monthly payment that is not based on a specific schedule however, but on the severity of their disability.